EB3 Visa Info Please

[Lizbez 0]

Hi All

 

We as a family would like to apply for a EB3 visa through an Employer.  My husband already received a employment opportunity and the employer is willing to wait for our visa (I know the EB3 takes time).  We do however do not have the funds for a lawyer.  So far I understand the process as follow:

 

1.  Employer needs to determine the correct wage through a wage determination form.

2.  Advertise for the position to proof that there are no other US workers available (needs to be done 180 days before the employer applies for Labor certification through an ETA Form 9089) - Advertisement should be done in 3 different local papers over 2 different Sunday's as well as listing the employment opportunity on the state workforce agency where the job is available.

3.  After 180 days from first advertisement - Employer can apply with an ETA Form 9089 at the Department of Labor.  (takes up to 3 months)

4.  After approval from the DOL then only can the employer apply for an I-140.

 

AM I MISSING ANYTHING.  ANYONE OUT THERE WHO HAS DONE THIS WITHOUT A LAWYER??

[arken 4,197]

The steps sound good, just one more step: 

5. After i140 approval, If PD is current or close to being current, it is sent to NVC if going for consular processing or if within the US, it stays with USCIS and AOS shall be filed.

 

A lawyer is needed but you don’t hire a lawyer, the employer will hire a lawyer. You aren’t even allowed to pay for any legal/lawyer fees up to PERM filing. It’s all employer responsibility. Only for i140 and then onward, either the employer or the potential employee may pay the fees.

Edited January 23, 2020 by arken