EB-3 Visa Attorney in Las Vegas

Employment-Based Green Cards for Nevada Workers and Employers

The EB-3 is an employment-based, third-preference immigrant visa that leads to U.S. permanent residency. Unlike EB-1 or EB-2 categories, it doesn’t require an advanced degree or extraordinary ability, which makes it accessible to a wide range of workers in Las Vegas’s hospitality, construction, and healthcare industries. The visa requires employer sponsorship; a worker can’t self-petition. We represent both workers and the employers sponsoring them throughout Nevada, handling every stage of the process under one roof.

Our team is fully bilingual in Spanish and English, and we offer monthly payment plans to make this multi-step process more manageable. Every case receives direct, personal attention from start to finish.

Ready to explore EB-3 sponsorship? Call us at (702) 478-0381 or contact Heras Law Firm online to schedule a consultation.

EB-3 Subcategories and Who Qualifies

The EB-3 covers three distinct subcategories, each with its own qualifying criteria and documentation requirements.

• Skilled workers: Foreign nationals whose position requires at least two years of training or experience and isn’t temporary or seasonal.
• Professionals: Foreign nationals who hold a U.S. bachelor’s degree or foreign equivalent and whose job requires that degree.
• Other workers: Foreign nationals performing unskilled labor requiring less than two years of training or experience, for positions that are permanent and full-time.

Priority date wait times can run longer for EB-3 applicants depending on country of birth. We assess which subcategory fits your situation and identify the documentation both the employer and worker will need to assemble before filing.

PERM Labor Certification: What Employers Must Know

Before an employer can file an immigrant petition for a foreign worker, the Department of Labor (DOL) must certify that no qualified, available U.S. worker is willing to fill the position at the prevailing wage. This process, called PERM (Program Electronic Review Management) labor certification, is required for most EB-3 petitions. Certain “Schedule A” occupations, such as registered nurses and physical therapists, are pre-certified by DOL and don’t require a separate PERM filing.

The employer, not the worker, files the PERM application. As of June 1, 2023, DOL requires all PERM applications to be submitted electronically through the Foreign Labor Application Gateway (FLAG) system. Once approved, a PERM labor certification expires after 180 days, and the employer must file Form I-140 with USCIS within that window. The date the PERM application was filed with DOL becomes the worker’s priority date, which determines when a green card can be applied for under the Department of State Visa Bulletin.

DOL audits are a real risk. Common triggers include job requirements that exceed the standard for the occupation or recent layoffs in related roles. We prepare PERM applications to address these issues before they arise.

The EB-3 Process Step by Step

We guide clients through each stage, from the initial eligibility review through responding to any USCIS requests for evidence. Here’s how the process unfolds:

• Prevailing wage determination: The employer requests an official prevailing wage determination from DOL via Form ETA-9141 through the FLAG system.
• PERM recruitment and filing: The employer conducts required recruitment efforts, then files the Application for Permanent Employment Certification (Form ETA-9089) with DOL.
• Form I-140 petition: Once PERM is approved, the employer files the Immigrant Petition for Alien Workers with USCIS within 180 days of that approval.
• Priority date monitoring: The applicant tracks the Department of State Visa Bulletin monthly to determine when their priority date becomes current. Movement varies and can’t be predicted with certainty.
• Adjustment of status or consular processing: Applicants already in the U.S. file Form I-485 for adjustment of status. Applicants abroad pursue consular processing at a U.S. embassy or consulate. Those in the Las Vegas area who adjust status may be scheduled for an interview at the USCIS Las Vegas Field Office.

USCIS premium processing may be available for I-140 petitions to reduce adjudication time, though availability and timelines are subject to change. We handle both the employer-side PERM coordination and the worker-side petition and adjustment process throughout.

Derivative Beneficiaries: Spouses and Children

When a visa number becomes available, the EB-3 principal applicant’s spouse and unmarried children under 21 may apply for derivative immigrant status alongside the principal. They apply through adjustment of status if they’re already in the United States, or through consular processing if they’re abroad. Each approved derivative beneficiary receives their own green card. Derivative status doesn’t confer U.S. citizenship automatically.

Why Las Vegas Workers and Employers Work with Us

Our team at Heras Law Firm is fully bilingual in Spanish and English, which matters in a state where a significant portion of the workforce communicates primarily in Spanish. We offer monthly payment plans because the EB-3 process spans years, not weeks, and the cost of legal representation shouldn’t be what stalls a case. We stay current on changes in immigration law and USCIS policy so the guidance we give reflects how the rules work today. We represent both the employer navigating PERM and I-140 obligations and the worker tracking their priority date and preparing for adjustment, serving clients in Las Vegas and throughout Nevada.

Start Your EB-3 Case in Las Vegas

Whether you’re a Nevada employer considering sponsoring a foreign worker or an employee seeking a path to permanent residency, Heras Law Firm can walk you through your options. Contact us to schedule a consultation and take the first step toward an employment-based green card.

Call (702) 478-0381 or reach out online. We serve EB-3 clients in Las Vegas and throughout Nevada.