Your Trusted EB-3 Visa Lawyer for Employment-Based Green Cards

An experienced EB-3 visa lawyer does more than file forms. They bridge the gap between your professional goals and a permanent life in the United States. At Cruz Gold & Associates, we never lose sight of the fact that behind every petition lies a family seeking a brighter future. This is about stability. It’s about protecting what you have built. 

Building a stable future in the United States is about more than legal status. It is about protecting your family’s legacy. At Cruz Gold & Associates, we honor that heavy emotional journey.

The EB-3 visa offers a direct pathway to a Green Card. It serves professionals, skilled workers, and unskilled laborers alike. 

Determining Your Eligibility for the EB-3 Category

The EB-3 visa category is legally defined under INA §203(b)(3). This statute outlines three specific pathways to residency. At Cruz Gold & Associates, we help you determine exactly which subcategory aligns with your background to ensure your application stands on solid ground.

Professionals constitute the first group. You generally need a U.S. bachelor’s degree or a foreign equivalent to qualify here.

For others, the distinction comes down to time. For skilled workers (EB-3A) must have at least two years of experience or training in their field. Unskilled workers (EB-3C), however, are defined as those performing tasks that require less than two years of experience.

There is one non-negotiable requirement for everyone. You must have a full-time, permanent job offer from a U.S. employer. We emphasize this because you cannot petition for yourself; the company must sponsor you. But before they can file any paperwork, they face a major hurdle: proving that no U.S. workers are available for your specific job.

The Critical First Step: PERM Labor Certification

This is the core of the Program Electronic Review Management (PERM) process. And the burden rests entirely on your employer’s shoulders.

Before we send a single document to immigration authorities, the company must obtain a certified labor certification from the Department of Labor (DOL). Crucial step. We start by helping employers secure a Prevailing Wage Determination. During this phase, the DOL analyzes the specific job duties and the location to set a minimum salary floor (ensuring the role doesn’t undercut U.S. wages). Your employer essentially has to agree to pay at least that amount.

Then comes the Recruitment Phase.

This stage can be surprising for modern businesses.The DOL mandates a rigorous test of the local labor market that feels a bit old-school, including placing two Sunday newspaper advertisements. Actual physical papers. The company must also file a 30-day job order with the state workforce agency and post internal notices. If a qualified U.S. worker applies during this window, the process generally stops.

We navigate this phase with care. It is the most audit-prone step in your journey.

The documentation must be perfect. A single error in ad placement can trigger a random or targeted audit and add months of delays. Our goal at Cruz Gold & Associates is to secure this certification efficiently so you can move to the next stage.

That said, some professions bypass this labor market test entirely.

Streamlining the Process: Schedule A and Premium Processing

Certain roles are in such high demand that the Department of Labor has pre-certified them. We call these Schedule A occupations.

Specifically, Registered Nurses and Physical Therapists fall into this category. If you work in these fields, you might wonder if you can get a green card without PERM. The answer is often yes. This designation allows us to skip the labor certification recruitment phase entirely and file the I-140 petition directly. It saves months of waiting.

For other applicants, or for those wanting even more speed, we look at how the petition is handled once it reaches USCIS.

The Advantage of Premium Processing

Standard processing for an I-140 petition can drag on for months. That is a long time to sit in uncertainty. Is premium processing available for EB-3 cases? Absolutely. By filing Form I-907, we can request a guaranteed response within 15 business days.

This is a strategic tool.

At Cruz Gold & Associates, we help you weigh the options to determine if that extra cost really makes sense for your specific timeline. Our goal is to secure your peace of mind. As quickly as possible. That said, receiving a petition approval is different from receiving the green card itself (a critical distinction); you must still wait for a spot to open up in line.

Navigating Priority Dates and Visa Availability

Think of your Priority Date as a ticket number. It marks your specific place in line.

This spot is established the very day the Department of Labor accepts your PERM labor certification. That single date is critical. Every month, the U.S. Department of State releases the Visa Bulletin, and we check this religiously to see if your ticket number has been called. If your category is listed as “Current,” a visa number is available immediately.

But often, you will encounter a backlog.

This simply means demand exceeds the annual supply. That math dictates exactly how long the EB-3 process takes for your specific case. Timelines can shift from eighteen months to several years depending on these fluctuations.

Sometimes, dates even move backward.

This phenomenon (known as retrogression) occurs when the government realizes they have issued too many visas for the fiscal year. They have to pull back. Applicants from countries with high request volumes, specifically India and China, often face distinct, extended waiting periods. Strict per-country limits serve as the bottleneck here.

We navigate these complexities for you.

At Cruz Gold & Associates, our team monitors the bulletin constantly. The second your date becomes current, we act. We prefer to prepare your I-485 adjustment of status application in advance so we can file immediately. You won’t miss your window.

While we manage the timeline, we also focus on the bigger picture: ensuring your spouse and children are ready to join you.

Protecting Your Family and Understanding Financials

The path to residency often feels solitary. But you shouldn’t have to walk it alone.

At Cruz Gold & Associates, we operate on the belief that families belong together. Generally, your spouse and unmarried children under 21 are eligible to join you as derivative beneficiaries, and we prioritize their security with the same intensity we apply to yours. Because family is the priority.

Financial uncertainty weighs heavily on families. One of the most frequent concerns we hear at Cruz Gold & Associates revolves around household income and whether a partner can step up to help pay the bills during the waiting period. It makes sense to worry about this. Fortunately, the news is good. In most cases, eligible spouses qualify for an Employment Authorization Document (EAD), granting them the legal right to work while the green card is still pending. That ability to earn a paycheck (and contribute to the family budget) brings a crucial layer of stability to your home when you need it most.

Then there is the sensitive matter of your children’s ages.

Time can be an adversary here, but we have tools to manage it. We vigorously apply the Child Status Protection Act (CSPA) to help “freeze” their biological age for immigration purposes. It is a critical legal step. It protects them from “aging out” of eligibility during those inevitable processing delays that happen within the system.

Navigating the Costs

We believe that financial transparency is the bedrock of a successful petition. You need to know exactly where you stand before we take the first step.

Regarding the Department of Labor, the regulations are rigid. Your employer must cover all costs related to the PERM labor certification. This covers the entire spectrum, from advertising expenses to legal fees. You cannot reimburse them for this work. Even if you wanted to. It is a mandatory obligation for the employer.

That said, the rules offer more flexibility elsewhere. You are permitted to handle the costs for both the I-140 petition and the I-485 adjustment of status yourself. We help you map out these financial responsibilities early in the process so there are no surprises as we move toward the final stage of securing your permanent residency.

Finalizing Your Status: Adjustment vs. Consular Processing

With the labor certification approved and the petition officially filed, we arrive at that defining moment you have been working toward. Actually securing the Green Card. How we handle this final leg depends entirely on where you are currently living. If you are already inside the United States on a valid non-immigrant visa, we typically pursue Adjustment of Status (Form I-485).

This option provides stability. Peace of mind. You remain here while the paperwork is processed. Practically speaking, we can also file for a work permit and travel authorization concurrently, ensuring your career continues uninterrupted while USCIS reviews the file. You don’t have to put your life on hold simply to wait for a decision.

For candidates living abroad, the mechanism is Consular Processing.

This involves filing Form DS-260 and eventually attending an interview at the U.S. embassy in your home country. We know this feels daunting. Managing high-stakes legal matters from a distance is stressful. (We see this anxiety often.) That said, this route brings a reality that frequently surprises the families we represent. Efficiency. While domestic queues here in the States remain backlogged, securing an interview abroad can actually prove significantly faster.

But there is a trade-off involved.

Adjustment of Status is generally the safer bet if there are concerns about admissibility, simply because you represent a lower flight risk and are already on U.S. soil. Consular officers are known for strict scrutiny. At Cruz Gold & Associates, we weigh the urgency of your timeline against these specific risks to ensure we choose the lane that brings you home safely.

Building Your Future With Cruz Gold & Associates

At Cruz Gold & Associates, your American Dream is personal to us.

Since 1995, our firm has stood as a steady guide for families building new lives across New Jersey. That legacy of trust continues as we move into the next generation of leadership. We offer stability. The kind you need during uncertain times.

Don’t leave your future to chance.

Contact us today to schedule a consultation. We can assess your eligibility. Let’s navigate this complex system together, ensuring you have a partner every step of the way.