Apply Directly for EB3?

Z

zainIT

New Member
Hi

Can my future employer apply for EB3 for me while I'm living abroad and I'm currently an employee of another employer in my home country?
I'm not talking about the route from H1B to EB visa. Just want to know is it possible for the employer to file EB3 for me directly?
 
Yes, they can do PERM and then file the I-140 petition in EB3 while you are outside the US. Once the I-140 is approved and your priority date is current, you can apply for an EB3 immigrant visa at a consulate.
 
wagecuck3 said:
Yes, they can do PERM and then file the I-140 petition in EB3 while you are outside the US. Once the I-140 is approved and your priority date is current, you can apply for an EB3 immigrant visa at a consulate.
Click to expand...
Noted with thanks @wagecuck3
But my employer said people are not choosing this direct route to EB3. He said, maybe you'll get rejection.
Is it correct that applying directly for EB3 will be too risky? Like after waiting too much & spending a lot of money on hiring a lawyer and the result is rejection!!!
 
zainIT said:
But my employer said people are not choosing this direct route to EB3. He said, maybe you'll get rejection.
Is it correct that applying directly for EB3 will be too risky? Like after waiting too much & spending a lot of money on hiring a lawyer and the result is rejection!!!
Click to expand...
No. It is not true that it will lead to denial.

The most common causes of denials in EB3 cases are:
* Your employer is unable to prove that they need to hire a foreign national. There are sufficient US workers available to fill the position.
* Your employer is unable to prove that they have the ability to pay the prevailing wage on a permanent, full-time basis.
* You are unable to prove that you have the required qualifications. For example, perhaps your foreign educational credentials are not considered equivalent to a US degree.

If all requirements are met, you will get approved. There is no requirement of having a work visa before applying for an EB3 immigrant visa.
 
Hi I’m not sure if I’m in the right thread but my perm was denied from DOL.
I asked my lawyer why was the reason and all I got back was “ The DOL claims that XX company cannot take workers, which is ridiculous. They have over 1000 and need more. “
Does anyone have any interpretations on this ?
I would ask for for more in-depth response but my lawyer suggest that 6 emails a month is the limit and I reached my limit. I would need to pay extra just to communicate to my lawyer…that I already paid for…..
 
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