EB-3 Visas

EB-3 Visa Attorney in Portland

EB-3 Guidance Backed by More Than 18 Years of Legal Experience

Pursuing permanent residence through an EB-3 visa requires more than a qualified worker and a permanent job offer. Employer sponsorship, labor-market testing, the worker’s credentials, immigrant petition strategy, and visa availability must align. At Sarpa Law, we advise Portland workers and employers on PERM labor certifications and employment-based green card planning.

We begin by reviewing the offered position, the employer’s requirements, and the worker’s immigration history. From there, we identify the filings, evidence, and responsibilities that may shape the case. Legal services are available in English and Chinese.

Call (503) 755-5587 to schedule a consultation with our EB-3 visa attorney and discuss the proposed job, sponsorship, and next steps.

Who May Qualify for an EB-3 Visa?

EB-3 Visas are employment-based immigrant visas for foreign nationals pursuing permanent, full-time work with a U.S. employer. The correct classification depends on the position’s minimum requirements and the worker’s credentials, not simply the preferred job title.

The three EB-3 classifications are:

Skilled workers: Workers in permanent, non-seasonal occupations that generally require at least two years of training or experience.
Professionals: Workers whose positions generally require at least a U.S. bachelor’s degree or its foreign equivalent and qualify as professional occupations.
Other workers: Workers performing permanent, non-seasonal jobs that require less than two years of training or experience.

The foreign worker must meet the position’s stated requirements. Those requirements must also reflect the employer’s actual job opportunity, so the classification and job description should be reviewed before recruitment begins.

How PERM Fits Into the EB-3 Green Card Process

Most EB-3 cases begin with PERM labor certification, the Department of Labor process for testing the U.S. labor market for a permanent position. The employer drives this stage, but the employer, worker, and attorney have separate responsibilities. The Department of Labor considers whether qualified U.S. workers are available and whether hiring the foreign worker would adversely affect similarly employed U.S. workers.

A typical PERM-based case may include:

Position review: Defining the job duties, minimum education or experience, worksite, and other requirements.
Prevailing wage determination: Requesting the wage level assigned to the position and work location.
Recruitment: Completing the required advertising and documenting the employer’s consideration of applicants.
Labor certification: Filing the PERM application with the Department of Labor.
Immigrant petition: Submitting USCIS Form I-140, which asks U.S. Citizenship and Immigration Services to classify the worker for employment-based immigration.
Permanent residence: Evaluating adjustment of status inside the United States or consular processing abroad when a visa number is available.

The priority date establishes the worker’s place in the immigrant visa queue. The Department of State’s Visa Bulletin shows visa availability by category and country of chargeability, affecting when the final residence stage may proceed. Availability changes, and cases involving different classifications, locations, or labor certification requirements may not follow the same sequence.

Coordinating the Employer’s & Worker’s Responsibilities

An employer’s recruitment and filing obligations aren’t the same as the worker’s personal immigration decisions. We explain each party’s role, identify the records needed at each stage, and provide updates as the case progresses.

With more than 18 years of legal experience, we work directly with individuals and employers facing complex immigration questions. Our strategy accounts for the employer’s business needs, the position’s requirements, and the worker’s long-term professional and immigration goals.

Issues That Can Change an EB-3 Strategy

Inconsistencies can have significant procedural consequences. A job description that doesn’t match the actual duties, requirements unsupported by business needs, incomplete recruitment records, or credentials that don’t satisfy the stated minimums may require closer review.

Our assessment may address:

Job duties, minimum qualifications, worksite, and prevailing wage
Education, training, licenses, and employment experience
Recruitment steps and supporting documentation
Requests for evidence and changes in the offered employment
Current immigration status, travel plans, and prior status issues
Potential inadmissibility concerns, meaning legal grounds that may prevent admission or permanent residence
Priority date movement and visa-number availability

Adjustment of status and consular processing take place in different procedural settings. Before choosing a final-stage strategy, we consider the worker’s location, status, travel plans, immigration history, and country of chargeability.

What to Expect From an EB-3 Visa Lawyer in Portland

Before filing, an initial review should identify the sponsoring employer, permanent position, proposed classification, and the worker’s current location and immigration status. We also consider immigration history, country of chargeability, and potential inadmissibility issues because they may affect planning beyond labor certification.

Clients work directly with an attorney throughout the legal process. We explain which party must provide each document, who makes employment decisions, which filings may be required, and when a change in circumstances calls for updated legal advice.

Planning for Portland-Area Employment

Although this area of immigration law is governed by federal rules, local employment facts still matter. The actual worksite can affect the prevailing wage request and recruitment framework, while the employer’s job duties and staffing plans shape how the position is presented.

We serve workers and employers in Portland and Lake Oswego, as well as clients whose employment is connected to Tigard or Milwaukie.

Get a Case-Specific EB-3 Assessment

A consultation can clarify whether the permanent position and the worker’s qualifications appear to fit one of the three classifications. We can then identify the information needed to assess employer sponsorship, PERM planning, and the potential path toward permanent residence.

Bring available details about the employer, job duties, minimum requirements, education, work history, current immigration status, and prior filings. General eligibility information can’t replace guidance based on the actual position and immigration record.

Call (503) 755-5587 to request an EB-3 consultation with Sarpa Law.

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