An EB-3 case is usually employer-driven: the employer shows it needs a worker, the Department of Labor reviews that need through labor certification, and only then does the immigrant petition go to USCIS. After that comes adjustment of status or consular processing. A lawyer prepares each stage, and the guide also compares EB-3 with EB-1 and EB-2 national interest waiver options. Vasquez Law Firm works with Florida employers and workers from its single Orlando office.
- EB-3 begins with the employer proving it needs a worker.
- The Department of Labor reviews that need before USCIS receives the petition.
- The final stage is adjustment of status or consular processing.
- The guide compares EB-3 with EB-1 and EB-2 national interest waiver.
- The firm serves Florida employers and workers from Orlando.
Introduction
An EB-3 case is usually an employer-driven process: the employer proves it needs a worker, the Department of Labor reviews that need, and only then does the immigrant petition go to USCIS. This guide is for Florida employers and foreign workers who are weighing an EB-3 green card, and for anyone comparing it with EB-1 and EB-2 national interest waiver options. To discuss a case, call 1-844-YO-PELEO or contact us.
If you are looking for an immigration lawyer for EB-3 sponsorship in Florida, this page explains the stages and what a lawyer prepares at each one. We also cover how to compare lawyers when you are choosing among employment-based categories, and how our Orlando firm works with employers and workers statewide.
Vasquez Law Firm practices immigration law only. Our single office is at 1111 E Amelia Street in Orlando. This page is general information, not legal advice; employment-based rules and visa availability change, so every point should be checked against current instructions.
What Is EB-3 and Who Qualifies?
The third employment-based preference category has three groups. Professionals hold a U.S. bachelor's degree or its foreign equivalent and fill a job that requires one. Skilled workers fill jobs that require at least two years of training or experience. Other workers fill positions that need less than two years of training or experience.
The group matters because it affects the job requirements the employer must document and how the case is evaluated. Which group applies is a question about the job, not only the person. Your lawyer reads the proposed job description and compares it with your education and work history before anyone files anything. For a broader look at employment-based options, see our work visas page or the overview of business immigration.
How the EB-3 Process Works in Florida
- Job and worker review. The lawyer compares the real job requirements with the worker's education and experience and decides which EB-3 group fits.
- Prevailing wage request. The employer asks the Department of Labor to determine the prevailing wage for the position.
- Recruitment. The employer runs the required recruitment to test the U.S. labor market and keeps a careful record.
- Labor certification filing. The employer files the PERM application with the Department of Labor, which reviews it and may ask questions.
- Immigrant petition. After certification, the employer files Form I-140 with evidence of its ability to pay the offered wage and the worker's qualifications.
- Green card stage. When a visa number is available under the worker's priority date, the worker files Form I-485 or completes consular processing.
Steps overlap in some cases and are delayed in others. The sections below explain the labor certification and the later stages in more detail.
Step One: The Labor Certification Process
For most EB-3 cases the employer starts with a labor certification, commonly called PERM. The employer asks the Department of Labor to determine the prevailing wage for the position, runs the required recruitment to test the U.S. labor market, and then files the application. The job requirements must be real and consistent with what the company actually needs.
Errors at this stage are costly because the recruitment record cannot be redone casually. Employers often ask a lawyer to draft the job description, review applicants fairly and keep a clean file. A worker who is only the beneficiary usually cannot handle this stage alone, because the employer is the filer. Employers also have obligations, such as keeping documentation of recruitment, and should not ask the worker to pay costs that the rules assign to the employer. Ask a lawyer which expenses may be shared, and keep copies of every advertisement, resume and response, since the Department of Labor can ask to see them.
Step Two: The Immigrant Petition and Adjustment or Consular Processing
After labor certification, the employer files Form I-140 with evidence that it can pay the offered wage and that the worker meets the requirements. Once an immigrant visa number is available based on the worker's priority date, the worker can apply for the green card. Many people already in the United States file Form I-485 to adjust status, while others complete an immigrant visa interview at a consulate abroad.
Employers should plan for the possibility that a worker will need to be employed in the sponsored role when the green card is approved or, in some cases, when the application has been pending long enough. The employer's continuing ability to pay and the job offer remain part of the case until that point.
Priority dates differ by country of birth and move over time, so we do not quote waits. The Department of State publishes a monthly Visa Bulletin that shows the cutoff dates, and we look at your specific facts and explain what the current process means for your plan, your work authorization and your travel. A worker who is waiting should also keep the employer relationship and the job offer consistent with the petition, because changes can affect the case.
Choosing Among EB-1, EB-2 National Interest Waiver and EB-3
Some workers who start with EB-3 later discover they could qualify under a different category. Others first assumed they needed an employer and learned they could self-petition. A review should cover all of the options. If your achievements are unusually strong, you may ask about EB-1 petitions. If you have an advanced degree and a project that benefits the country, the national interest waiver may be worth examining. If neither fits, EB-3 is often the practical path.
Because these categories differ so much, the lawyer should explain why one fits and why the others do not, in plain language, before recommending a filing. Waiting times can also differ between categories for the same country, which is one reason the comparison is worth doing.
How to Evaluate EB Lawyers and Firms
Many people begin by searching for the highest-ranked EB-1 or national interest waiver lawyers. Those searches are understandable, but rankings and lists do not tell you whether a lawyer's approach fits your case. The Florida Bar does not allow a law firm to claim it is better than another firm, so we do not make that claim. These are better questions to ask:
- Will a lawyer personally review my evidence and speak with me?
- Do you explain realistic alternatives, including options that do not need a lawyer's filing?
- Who handles the employer's side and who handles mine?
- How will you update me during labor certification and after filing?
- What happens if the case receives a request for evidence or a denial?
You can also ask how the firm handles situations in which the employer and the worker disagree about a step. Because the employer files the labor certification and the immigrant petition, the employer controls much of the case. A clear written agreement that explains the roles of the employer and the worker, how communication works, and what happens if the employer ends the process is a sign of a careful firm.
A firm that answers these directly, without promising an outcome, is giving you honest information.
When Problems Come Up in an EB-3 Case
Not every EB-3 case moves in a straight line, and delays are common enough that planning for them is part of good advice. A recruitment response may raise a question about whether a U.S. worker qualifies, the Department of Labor may ask for clarification, or USCIS may request more evidence about the employer's ability to pay. A lawyer helps the employer and worker respond in time and keep the facts consistent from one filing to the next.
Status and work authorization need attention while a case is pending. A worker who is in the United States on a temporary visa must keep that status valid while the labor certification and petition move forward, because the EB-3 process itself does not create status. A worker who files Form I-485 may be able to apply for a work permit and travel permission while the application is pending, but travel before approval can create risks for some people, so ask before leaving the country. Rules about changing jobs after a green card application has been pending for a period of time are technical, and the new job generally must be in a related occupation, so call a lawyer before any change.
Family members matter too. A spouse and unmarried children under 21 may be able to receive green cards with the worker as derivative applicants, and the way each one files depends on whether they are in the United States or abroad. Their documents should be gathered early, since civil records and translations can take time to obtain. If the worker's marriage, family size or residence changes during the case, tell the lawyer promptly so that the filings stay accurate.
Document Checklist for an EB-3 Consultation
- Worker: résumé, diplomas, transcripts and any credential evaluations.
- Worker: experience letters from past employers that show duties and dates.
- Worker: passport and immigration history, including any visas and the I-94 record.
- Employer: the job description, minimum requirements and proposed wage.
- Employer: company information, organizational chart and tax or financial information showing the ability to pay.
- Any earlier labor certification, priority date or approval notice from another provider.
- Records of any arrest or earlier immigration problem.
Employers and workers should gather different documents, so each should come to the consultation with their own list. If you have already started a labor certification with another provider, bring that file too, so a lawyer can see what has been done and what dates apply.
Timeline and Processing Expectations
EB-3 cases involve several agencies, and each stage has its own timing. The Department of Labor publishes its processing information for prevailing wage and labor certification, USCIS publishes processing information for the immigrant petition and adjustment, and the Department of State publishes visa availability. We do not quote general estimates, and we do not promise any speed.
Many EB-3 workers wait for a visa number after the petition is approved, and the wait depends on the worker's country of birth. The table shows the broad stages and who acts at each one.
| Stage | What happens | Who acts |
|---|
| Job and wage review | The job requirements are confirmed and a prevailing wage is requested | Employer and lawyer, Department of Labor |
| Recruitment and PERM filing | The employer recruits, keeps records and files for labor certification | Employer and lawyer |
| Immigrant petition | Form I-140 is filed with evidence of ability to pay and qualifications | Employer, lawyer and USCIS |
| Waiting for a visa number | The worker waits until the priority date becomes current, if required | Worker; Department of State sets availability |
| Green card application | The worker adjusts status or completes consular processing | Worker, lawyer and USCIS or consulate |
Cost Factors and Fee Breakdown
The cost of an EB-3 case has government charges, recruitment costs and legal fees, and who pays which part is governed by the rules.
| Item | Amount | Notes |
|---|
| Labor certification and prevailing wage | Check the court or agency for current fees | Handled through the Department of Labor process |
| Recruitment advertising | Varies by case | Depends on the position and the required recruitment steps |
| Immigrant petition (Form I-140) | Check USCIS for the current fee | Additional charges can apply |
| Green card application (Form I-485) and related forms | Check USCIS for the current fee | Depends on each family member and the forms needed |
| Legal fees | Varies by case | Set out in a written agreement for the employer and the worker |
Ask any lawyer to explain which costs belong to the employer and which, if any, the worker may lawfully pay, and to put that in writing.
Check the current agency fee pages before paying, because the amounts change.
Common Mistakes to Avoid
- Writing job requirements that do not match the real position or that are broader than the employer actually needs.
- Starting recruitment without a lawyer's review of the rules.
- Assuming the worker can handle the labor certification alone.
- Letting the employer relationship or job duties change without checking the effect on the case.
- Ignoring priority dates and the Visa Bulletin when planning travel and work authorization.
- Not comparing EB-1 and national interest waiver options before choosing EB-3.
When to Call a Lawyer
Employers should call before they post a job for recruitment or promise a green card to a worker. Workers should call before changing jobs, traveling abroad or filing anything while a case is pending. If you already have a denial or a request for evidence, call right away because deadlines are short. When you are ready to talk about a case, call 1-844-YO-PELEO or contact the firm to schedule a consultation.
About Vasquez Law Firm
Vasquez Law Firm practices immigration law only. Our only office is at 1111 E Amelia Street in Orlando, and we serve clients throughout Florida by phone and secure video, with in-person meetings at the Orlando office. William J. Vásquez is the founding attorney. Consultations are offered in English and Spanish. For a broader look at employment-based options, see our work visas page. To talk about your situation, call 1-844-YO-PELEO or contact us.
Sources and References
Related services: work visa and employment immigration lawyers in Florida, immigration lawyers in Florida
Other ways people search for this
People look for this help under different names. Related searches include florida perm immigration attorney; top eb1 lawyers; top law firms for eb2 niw; top niw lawyers.
This article is general information, not legal advice. Every case is different; speak with an immigration lawyer about your situation.
