EB3 unskilled work visa

[Shana1234786 0]

Kindly confirm whether it is necessary to apply for the EB3 unskilled visa to USA through an attorney/ lawyer.
Can you just apply just through a Immigration Consulting Company who will send all the forms to the USCIS.

 

 Thanks 

[Rocio0010 5,579]

This is mainly a DIY site, and so most people will tell you to do them on your own, unless you have some red flags. There is nothing an attorney can do that you can't

[arken 4,197]

1 hour ago, Shana1234786 said:

Kindly confirm whether it is necessary to apply for the EB3 unskilled visa to USA through an attorney/ lawyer.
Can you just apply just through a Immigration Consulting Company who will send all the forms to the USCIS.

 

 Thanks 

You need an employer (not a immigration consulting company) who offers you the job and sends the petition to uscis for that job.

EB based immigration is not a DIY thing.

Edited May 23, 2022 by arken

[Crazy Cat 41,857]

1 hour ago, Shana1234786 said:

Kindly confirm whether it is necessary to apply for the EB3 unskilled visa to USA through an attorney/ lawyer.
Can you just apply just through a Immigration Consulting Company who will send all the forms to the USCIS.

 

 Thanks 

Employer's  attorney....It is not a DIY.

[Dashinka 24,499]

This starts with an employer and they would use their own attorneys for this process.

 

Application Process

Your employer (petitioner) must file a Form I-140, Immigrant Petition for Alien Workers. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
For more information on filing fees, see File My Application Online.

 

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3

[SusieQQQ 11,586]

I am somewhat concerned that this “immigration consulting company” is trying to scam you. In addition to what the others have said,  for EB3 unskilled visa, you need labor certification in the US. This has to be done via the employer’s attorney. There is no way either you or an “immigration consulting company” can do this. 

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3

Unskilled Workers (Other Workers)

You must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature. You must be performing work for which qualified workers are not available in the United States. You must meet any other requirements specified on the labor certification.

Labor certification and a permanent, full-time job offer required.

 

if you don’t understand what labor certification is, look at the links here 

U.S. Department of Labor – Labor Certification

Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information on Schedule A, Group I, read our policy in Volume 6, Part E, Chapter 7,  of the USCIS Policy Manual.

For more information, see the Department of Labor: Foreign Labor Certification page.

 

 

 

[Shana1234786 0]

Thanks everyone. I understand that the Employer will handle the Labor Certificate submission.
But it is my understanding that the consulting company will be helping with my resume , interview prep and to apply for the job. They will also complete the USCIS i140 filing and collect all documents required and assist in completing the DS260. Please correct me if I am wrong. Thanks 

[SusieQQQ 11,586]

Just now, Shana1234786 said:

Thanks everyone. I understand that the Employer will handle the Labor Certificate submission.
But it is my understanding that the consulting company will be helping with my resume , interview prep and to apply for the job. They will also complete the USCIS i140 filing and collect all documents required and assist in completing the DS260. Please correct me if I am wrong. Thanks 

The employer needs to complete the i140. 
And you don’t need any help completing a DS260, it is just information about you. You know all that stuff and from your posts here your English is clearly good enough to understand the questions on it.
Is this consulting company saying it can find you a job in the US that qualifies for the visa? Do they only get paid if successful?

[Shana1234786 0]

Susie Thanks for explaining. It is more like a recruiting company. They try and see which kind of job would meet my requirements and then give me the links to apply. 

[Boiler 45,516]

6 minutes ago, Shana1234786 said:

Susie Thanks for explaining. It is more like a recruiting company. They try and see which kind of job would meet my requirements and then give me the links to apply. 

OK if you do get a job offer then that company or more likely their Lawyer will take the issue forward.