EB-3 Visas in Miami
Attorney-Led EB-3 Analysis for Employers & Foreign Workers
An EB-3 case begins with determining whether the offered position, the candidate’s qualifications, and the employer’s sponsorship plans align with this immigrant visa category. Revilla Law Firm, P.A. offers an Initial Employment-Based Visa Opportunity Analysis in which an attorney reviews the case facts and assesses eligibility.
We represent sponsoring employers and foreign national workers in employment-based immigration matters nationwide from Miami. Antonio G. Revilla III, a former U.S. Immigration Prosecutor with more than 35 years of legal experience, leads our immigration representation and brings a government-side perspective to each evaluation.
Call (305) 858-2323 to schedule an attorney-led analysis of an EB-3 opportunity.
Experience with Complex Employment-Based Immigration Matters
Our firm brings 50 years of combined legal experience to immigration representation. We have handled thousands of immigration cases, including thousands of matters at various court levels. That background helps us identify legal and procedural issues that may affect an employment-based filing.
Other attorneys refer challenging immigration cases to our firm. For an EB-3 matter, we examine the position, candidate qualifications, immigration history, and available filing path rather than relying on a one-size-fits-all assessment.
Who Qualifies for an EB-3 Immigrant Visa?
EB-3 is the Employment-Based Third Preference immigrant category established under section 203(b)(3) of the Immigration and Nationality Act. It includes three classifications based on the requirements of the permanent job and the foreign worker’s qualifications.
The three EB-3 classifications are:
- Skilled workers: The offered position requires at least two years of training or experience, and the worker must meet those requirements.
- Professionals: The position requires at least a bachelor’s degree or a foreign equivalent. Experience can’t replace the degree requirement for this classification.
- Other workers: The position requires less than two years of training or experience and involves work that isn’t temporary or seasonal.
The job’s documented minimum requirements matter as much as the candidate’s background. Our eligibility analysis considers both sides of the proposed employment relationship before the employer proceeds with an EB-3 filing.
The EB-3 Sponsorship Process in Miami
Most EB-3 cases begin with PERM labor certification, the Department of Labor process for determining whether qualified, willing, and available U.S. workers exist for the offered position. The sponsoring employer generally must obtain this certification before submitting the immigrant petition.
After labor certification, the prospective employer files Form I-140, Immigrant Petition for Alien Worker, for the EB-3 applicant. Depending on the worker’s circumstances, the case may proceed through U.S. Citizenship and Immigration Services or a consulate abroad.
Visa Availability & Country of Chargeability
An approved petition doesn’t make an immigrant visa immediately available. Availability depends on annual numerical limits, the applicant’s country of chargeability, and the applicable priority date under the Department of State’s Visa Bulletin.
Annual EB-3 limits can be reached before a fiscal year ends, interrupting visa issuance for the rest of that year. Because cutoff dates and government processing periods change, each case should be evaluated using current information rather than a fixed timeline.
Derivative Benefits for Family Members
The principal applicant’s spouse and unmarried children under 21 may qualify as derivative beneficiaries, allowing them to seek immigration benefits through the principal applicant’s EB-3 case. Their eligibility remains subject to applicable legal requirements and visa availability.
Children’s cases require particular attention to age-related rules while the matter is pending. Families should address these considerations early because the available options depend on the child’s age, case history, and procedural stage.
Choosing Between EB-2 & EB-3 Classification
EB-2 and EB-3 classifications differ according to the offered position’s requirements and the candidate’s qualifications. Education or experience alone doesn’t determine the appropriate category. The position described in the labor certification and the evidence supporting the immigrant petition must align with the requested classification.
We review the PERM and petition records to assess which employment-based category fits the position and worker. This analysis can identify eligibility concerns before an employer commits to a particular filing path.
Reviewing an Unfavorable Petition Decision
A denied immigration petition requires a case-specific legal review. The available response may include a motion, an appeal, or a new filing, depending on the decision’s reasoning, the existing record, applicable deadlines, and the matter’s procedural posture.
Discuss Your EB-3 Immigration Matter
Employers and foreign national workers can schedule an employment-based immigration consultation with our firm. We review the proposed job, the applicant’s background, and the relevant immigration circumstances to evaluate the available path.
You may reach us by phone or submit an inquiry through our contact form. Our attorney-led approach provides a focused assessment of the issues that may shape an EB-3 case.
Call (305) 858-2323 to schedule your consultation with Revilla Law Firm, P.A.
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Concentration in Deportation Defense Law
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Founding Member of the Department of Homeland Security (DHS)
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50 Years of Combined Legal Experience
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Aggressive Representation with a Diplomatic Approach
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Successfully Handled Thousands of Cases in Various Levels in Court
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Former U.S. Immigration Prosecutor Representing You
Client Testimonials
“I was able to become a permanent resident once and for all. I will recommend the Revilla Law Firm to anyone who needs help with handling immigration affairs.”
- J.C.
