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Everything You Need to Know to Avoid Costly Mistakes In Getting An EB-3 Visa

The EB-3 visa is a light at the end of the tunnel for skilled professionals, workers, and other qualified individuals who want to make the USA their home. However, applying for this visa is like finding one's way through a maze with many surprises and tricks. A slight error can cause painful delays or, even worse, total rejection.


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We have often seen people suffer greatly because they made such EB-3 visa mistakes. How can you prevent EB-3 visa problems? Here is the guide. We came up with this critical handbook, which contains secrets only known by us and tips advised by professionals so that you can confidently navigate the EB-3 visa process.


The PERM Process: Your First Big Obstacle On This Journey

The PERM (Program Electronic Review Management) process is the foundation for EB-3 visa applications. It should be seen as your initial hurdle; if not jumped correctly, all future hopes of realizing the American dream will remain futile.


Detailing Your Job Description: Why Accuracy Is Everything

It is no secret that your job description means more than supporting documents; it is a blueprint for the Department of Labour (DOL). These blueprints should be accurate down to every detail while reflecting the duties and qualifications required by such position holders. 


Any attempt to be vague or misleading about what such jobs entail can easily send up red flags, which might result in either denial outrightly or, even worse, cause delays, hence being issued with a Request for Evidence (RFE). 



Obstacles to Recruitment: The PERM procedure can be complicated

The process of PERM includes strict recruitment requirements aimed at providing fair opportunities to US workers before offering jobs to foreign nationals. These requirements involve advertising in specified publications for specific periods using particular language; failure to comply with any step may ruin your entire EB-3 visa application.



Prevailing Wage Blunders: Accuracy Matters Most

Determining the prevailing wage for the offered position forms one major part of the PERM process. This wage refers to the average payment made to employees working under conditions geographically similar to yours. 


Suppose a foreign worker’s salary falls below such a level. In that case, questions may arise about the genuineness of their job offer, which might eventually lead to the denial of your EB-3 visa for the PERM application.



PERM Audit Panic: “Be Prepared, Not Scared.”

The reality of EB-3 visa processing is that PERM audits are part of the process. The DOL may select your application for an audit to verify the accuracy of the information provided and ensure compliance with prevailing wage laws and overtime payment regulations.



Filing the I-140 Petition: The Devil is in the Details

The PERM process has been completed, but the journey is still ongoing. The I-140 petition will be your next big step in the EB-3 visa application process, and it demands extreme attention to detail. At this stage, you formally ask USCIS to recognize your right to an employee-based immigrant visa.


Document Disaster: Don’t Make Expensive Mistakes!

Your I-140 petition should be approached as a well-thought-out puzzle. There are numerous pieces – applications, forms, documents – all of which must fit together perfectly for success to be achieved. Leaving out information or providing incorrect details will only serve as obstacles to achieving the desired outcome; they will result in the rejection of your application. Every I-140 petition should be treated with utmost care and attention to avoid costly errors.


Financial Faux Pas: Showing the Ability of Your Employer to Pay

One of the crucial I-140 requirements is to prove that the sponsoring employer can afford the salary offered. This isn’t just a matter of formality but a key determinant for EB-3 visa eligibility. Insufficiently backing up this claim might result in a denial due to a lack of evidence.


RFE Roulette: Responding Confidently

Requests for Evidence pop up frequently during I-140 filings. It’s like playing roulette, where an officer from United States Citizenship and Immigration Services (USCIS) throws a ball into the wheel, not knowing what number you are betting on. Although RFEs can be irritating, they should never make someone panic because responding well will bring everything back on track within no time.



The Last Part: NVC Processing

If you have cleared the first hurdles of the EB-3 visa process, you are now in the final phase. National Visa Center (NVC) processing is up next and beyond that. While you can almost see the finish line, take your time.


The Most Important Step: Filling Out Form DS-260

All information you provide on the DS-260 form should be accurate and complete, this is crucial for EB-3 visa applicants like you. For instance, if a section asks about your work history dating back ten years, you must fill it in and specify where precisely each job was located and when it was done.

 

Supporting documents like birth certificates or police clearances should also be attached to verify any inconsistencies in the responses given in this form. Failure to do this could result in unnecessary delays, which can be very demoralizing because they may eventually lead to the denial of your visa application.



IMPORTANT: ALREADY LIVING IN THE U.S.? If you are currently living in the United States and are applying for an EB-3 green card, your process will differ from those applying from abroad. Instead of submitting the DS-260 form through the National Visa Center (NVC), you will file Form I-485 (Application to Register Permanent Residence or Adjust Status) directly with U.S. Citizenship and Immigration Services (USCIS). For a detailed guide on adjusting your status to permanent residency through the EB-3 category while in the U.S., please refer to this comprehensive article.


NVC Processing Course: Be Precise

After that, it is called the National Visa Center (NVC). The NVC pores over your files with extreme thoroughness; any discrepancies or typos may cause delays. They will examine your documents like an eagle-eyed inspector, going through every inch of them for mistakes.


Language Barrier: Understanding One Another

If your papers are in a foreign language, they should be translated into English accurately by an authorized translator and certified accordingly. Even small translation mistakes might cast doubts upon the genuineness of your documents, hence leading to the possible postponement of visa processing.


Priority Date Dangers: Holding Your Place in Line

Your priority date is a little like a golden ticket–it tells you when your visa might be available. Therefore, you must learn how priority dates function and what to do to protect yours. Failure could result in losing your place in line, causing significant delays in processing your EB-3 visa application.



What Comes After NVC Success?

The visa interview process can be daunting, but this should be fine because, with adequate preparation, one can effectively state their case before the consular officer. 


Furthermore, having been granted a visa does not mean that everything is smooth sailing, as there are some post-approval pitfalls that, if ignored, might put one at risk of deportation proceedings.



Your Victory Starts Here

The EB-3 visa process may seem complicated, but InvestMigrate believes it can still be done. InvestMigrate will answer your questions about how to prevent the EB-3 visa problem.  We want nothing more than to see our clients succeed, so our team will stand by your side every step as you go through this journey. 


Let us take on the heavy lifting involved in navigating through such an intricate system so that all you have left is pursuing what has brought about these aspirations; contact us today for a free consultation!






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