EB3 Visa Guide: Everything You Need to Know About the EB3 Visa

EB3 Visa

The EB3 visa allows someone to obtain a green card based on getting sponsored by a U.S. company. To obtain a green card, your company must go through the labor certificate PERM process.

 

In this guide, I will walk you through several important aspects of the EB3 visa process. I will also show you how you can utilize this visa to get a green card to live in the United States.

 

If you have any questions, feel free to email me directly at Michael@AshooriLaw.com. I’m very responsive via email and I would be happy to help you.

 

Overview

 

1. What is the EB3 Visa?

 

2. What are the Benefits of the EB3 Visa?

 

3. What are the EB3 Visa Requirements?

 

4. What is the EB3 Visa Application Process?

 

5. What Documents are Needed to Apply for an EB3 Visa?

 

6. What Forms are Needed to Apply for an EB3 Visa?

 

7. What are the EB3 Visa Fees?

 

8. What is the EB3 visa Processing Time?

 

9. Conclusion

 

1. What is the EB3 Visa?

 

The EB3 visa grants permanent residency (a green card) to qualified individuals. You may be eligible for an EB3 visa if you a skilled workers, unskilled worker, or professional. Approximately 40,000 EB3 visas are available each year.

 

The EB3 visa is a third preference employment visa. Thus, the requirements are less strict than EB1 and EB2 green card visas. However, it may also mean that the wait times are longer. Presently, 28.6% of the employment green cards are allocated for EB3 visas. This accounts for about 40,000 EB3 visas granted each year. Additionally, no more than 7% of approved EB3 visas can go toward the same people from any given country. This means that if you are applying from a country with many applicants, the wait times may be longer. Nationals from India and China in particular should expect longer wait times.

 

While the fiscal year begins on October 1st, there is no advantage to applying at any time in the year. You can submit an EB3 visa application at any time. The EB3 visa, like most green cards, is valid for 10 years. You can renew the visa if needed at that point.

 

My team and I would be happy to answer any questions about the EB3 visa. We would also be happy to assist both petitioners and beneficiaries with the EB3 visa application process.

 

2. What are the Benefits of the EB3 Visa? 

 

There are many benefits to receiving an EB3 visa. Here are just a few:

 

You can have permanent residency in the United States (U.S. Green Card). 

 

The EB3 visa gives qualified individuals permanent resident status in the United States. There are many benefits to being a permanent resident. Some of these include having the ability to change employers and to travel more freely.

 

The requirements are less strict than those for many other permanent resident visas. 

 

The EB3 visa has less strict requirements than either the EB1 or the EB2 visas. This means that some people who may not qualify for these other visas may be eligible for the EB3 visa.

 

Your spouse and dependent children can come to the United States with you. 

 

Under the EB3 visa, your spouse and any dependent children can come with you. Dependent children are any unmarried children of yours under the age of 21. While in the United States, your children can attend school and your spouse, after completing their Employment Authorization Documents or obtaining their green card, can work.

 

3. What are the EB3 Visa Requirements? 

 

There are several requirements for the EB3 visa. The following conditions must be satisfied in order for you to be approved for an EB3 visa. My team and I would be happy to help you determine if you satisfy these requirements.

 

You must meet the employment criteria.

 

The EB3 visa is open to professionals, skilled workers, and unskilled workers. Professionals are those with a bachelor’s degree or equivalent who will be working in a job where a bachelor’s degree is the norm. You may not use experience or other education as a substitute for this degree. Skilled workers are those with at least 2 years of job training or experience. Unskilled workers are those performing jobs that require less than 2 years of training. Additionally, these jobs must be permanent in nature.

 

There must not be qualified American workers.

 

In order for your EB3 visa to be approved, you must not hurt any American workers. This means that you cannot take a job that an American worker could and would do. For this reason, you must have an approved labor certification to prove you meet this qualification. I will explain the labor certification process in more detail below.

 

There must be a valid job offer. 

 

A US employer willing to sponsor the beneficiary must have extended a valid job offer to the foreign national. The US employer must be able to prove there are no American workers who could and would do the job. This is shown through the labor certification. The US employer must have a valid employer-employee relationship with the beneficiary. This means that the employer must be able to pay and supervise the beneficiary.

 

4. What is the EB3 Visa Application Process?

 

The EB3 visa application process has several steps. They will be listed below. Following that, there will be a more detailed explanation of each step. My team and I would be happy to provide more information about any of the items below. We would also be happy to assist you with this process.

 

  • Labor certification

 

  • I-140 Petition

 

  • Form DS-261

 

  • Medical

 

  • Visa application

 

  • Visa interview

 

  • Arrival in the United States

 

Labor Certification 

 

The first step in the EB3 visa application process is done by the US employer. The US employer must get a labor certification from the Department of Labor after applying for a prevailing wage determination.

 

The Labor Certification is done to prove there are no US workers for the job. It also asserts that the employer will pay the beneficiary the prevailing wage (that was granted by the Dept. of Labor) for the position.

 

This is done by filing Form ETA-9089 with the Department of Labor. This form has information about the employer, the wages, the job duties, the beneficiary, and, if applicable, the attorney/agent.

 

You will also likely be required to demonstrate that you actively recruited for the job before hiring the beneficiary. This proves there are no qualified and willing American workers. There are several steps involved in the recruiting process. This includes submitting a job order with the State Workforce Agency (SWA). It also involves advertising in newspapers, professional journals, job fairs, campus fairs, professional organizations, websites, private employment firms, employment referral programs, radios, television stations, and/or other applicable locations.

 

You must have an approved labor certification from the Dept. of Labor before you can submit an I-140 petition with USCIS.

 

I-140 Petition 

 

Once the labor certification is approved, the US employer can submit a petition on behalf of the beneficiary. The petition will be filed with United States Citizenship and Immigration Services (USCIS). This is done by submitting Form I-140.

 

The petition contains information about the EB3 visa category, the petitioner, the beneficiary, and the job. The employer should also include financial information to demonstrate their ability to pay the beneficiary.

 

USCIS will make a decision on the petition. If your petition is not approved, the beneficiary will not receive an EB3 visa. If the petition is approved, a notice will be sent to the National Visa Center (NVC) if the beneficiary is abroad and not applying for an adjustment of status.

 

The NVC will determine the priority date for the visa. There is a limit on the number of visas that can be approved each year, which means there might be a waiting list. You will not be allowed to proceed with the visa application process until your priority date arrives. More information about this can be found in Section 8: What is the processing time for an EB3 visa?

 

If your petition is approved and your priority date is current, you will receive a notice. At this point, the beneficiary must complete several steps if he or she is abroad. T

 

Form DS-261 

 

Firstly, the beneficiary must complete Form DS-261. This is the Online Choice of Address and Agent. This is to be completed online. It provides information about the beneficiary and informs the US Embassy in his or her home country that he or she is applying for an EB3 visa. You will receive a confirmation notice once this has been processed. You must receive the confirmation notice before you can make a visa appointment at your local US Embassy.

 

Medical 

 

The beneficiary is also responsible for getting a medical examination. You must go through an approved NVC doctor. This ensures that you have all vaccinations and health records to ensure that you are safe to enter the United States.

 

Visa Application 

 

The beneficiary must also submit several documents to their US Embassy. This is done after you have received a confirmation notice regarding Form DS-261. You should submit your approved labor certification, your approved I-140 petition, and your approved DS-261. You should also submit your passport, medical records, job contract, academic records, resume, criminal records, and a photograph. Some individuals may be notified by NVC that other documents will also be required. More information about the necessary documents for an EB3 visa application will be discussed in Section 5: “What documents are needed for the EB3 visa application process?”

 

Once you submit these documents, you will need to schedule an appointment with your US embassy.

 

Visa Interview 

 

After submitting all other documents, you will be scheduled to have an interview with a US consular officer. During this interview, the documents you provided will be examined. Additionally, you may be asked questions about your background and the work you will be doing in the United States. The consular officer will use this information to determine if you should be approved for an EB3 visa.

 

Arrival in the United States 

 

If the consular officer approves your application, you will be granted an EB3 visa. This means that you can come to the United States as a green card resident. You will be able to work in the United States and have the responsibilities of a US permanent resident.

 

5. What Documents are Needed for the EB3 Visa Application Process?

 

There are many documents that may be needed during an EB3 visa application process. The following is a general list. The specific documentation needed depends on your individual situation. You may not need some of the documents below. Alternatively, you may also want to include documents not listed below. My team and I would be happy to help you determine which documents would be appropriate for you.

 

You should keep a record of all the documents you submit. You should keep all documents related to your application for up to 3 years. This is because you may need to submit them if you are subjected to an audit. Some audits are random, so anyone can be selected.

 

  • Written contract between the US employer and beneficiary

 

  • Valid passports for the beneficiary and any dependents

 

  • Photographs

 

  • Medical and vaccination records

 

  • Academic records

 

  • Previous work experience records

 

  • Criminal records

 

  • Acknowledgement of significant awards or honors

 

6. What Forms are Needed for the EB3 Visa Application Process?

 

Several forms are required throughout the EB3 visa application process. These will be discussed in more depth in this discussion. My team and I would be happy to provide more information about any of these forms. We would also be happy to help you in preparing any of these documents.

 

Form ETA-9089

 

Form ETA-9089 is the Application for Permanent Employment Certification. This form must be approved by the Department of Labor before you can file a petition for an EB3 visa. This form provides information about the employer, the job, and the beneficiary. This form ensures that no American workers are hurt by the hiring of the beneficiary. It also ensures that the beneficiary will be treated fairly in the United States. If this form is not approved, you may not continue with the EB3 visa application process. For more information about Form ETA-9089, click here.

 

Form I-140 

 

Form I-140 is the Immigrant Petition for Alien Workers. This form serves as your petition for your EB3 visa. USCIS will use the information provided in this form to determine if you meet the conditions for an EB3 visa. The form contains information about the petitioner, the beneficiary, and the job. For more information about Form I-140, click here.

 

Form DS-261 

 

Form DS-261 is the Online Choice of Address and Agent. This form is filed by the beneficiary. This form is used to inform your US Embassy that you want to begin the visa application process. You may not continue with the visa application process until you receive a confirmation notice about Form DS-261. For more information about Form DS-261, click here.

 

7. What are the EB3 Visa Fees? 

 

There are several fees associated with the EB3 visa application. The following fees are correct as of publishing. However, they are subject to change and you should confirm that the fees have not changed. You should also acknowledge which fees are paid by the US employer and which are paid by the beneficiary.

 

  • I-140 Petition filing fee: $700

 

  • DS-261 processing fee: $445

 

  • Other fees including medical examination, translations, photocopying, etc.: vary on a case by case basis

 

8. What is the EB3 Visa Processing Time? 

 

The EB3 total processing time depends on a variety of factors. These factors include which USCIS Center you use, what country you are from, and your individual application. This time period can be as short as around a year, but it can also take up to several years. In particular, nationals of India and China should expect longer wait times. If you want a better estimate on how long your particular case will take, my team and I would be able to provide that.

 

9. Conclusion 

 

The EB3 visa is a visa that grants permanent residency to qualified individuals. You should now have a much stronger understanding of the various aspects of the EB3 visa, including the EB3 visa benefits, requirements, and application process.

 

If you have any questions regarding the information discussed in this guide or about the EB3 visa in general, please feel free to email me directly at Michael@AshooriLaw.com. I am very responsive via email and my team and I would be happy to help you.

 

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Ale
00:03 24 Feb 21
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01:10 10 Feb 21
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00:49 10 Feb 21
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17:05 03 Feb 21
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Emily S.
16:00 26 Jan 21
When I decided to engage an immigration attorney in December, I knew I needed someone that had a track record of successful execution, had a support team that could collaborate to expedite the timeline, communicated professionally, and most... importantly, was confident in my ability to get the case approved.I interviewed thirteen highly experienced immigration attorneys that were recommended by my extensive business network. I came across many issues. First of all, I was quoted astronomically high rates with long timelines. I was recommended visas that did not fit my needs, which would ultimately result in more lengthy filings and high fees. Many of these attorneys had their own private practice where they had a bias towards one type of visa they were specialized in, so they recommended immigration solutions that did not meet my profile whatsoever. Further, they did not have a strong and large enough team so they couldn’t confidently work on an expedited timeline. On the other end of the spectrum were the attorneys who worked at large firms with hundreds if not thousands of employees – they recommended the most expensive and lengthy visas, which were unrealistic for my budget and timeline.When I shared my difficulty finding an immigration attorney with a friend of mine who is a corporate lawyer in Los Angeles, he was quick to recommend Michael Ashoori. After only a few minutes of speaking to Michael on the phone for our initial consult, I knew Ashoori Law could help me with my immigration case because of their customized approach, experienced team and confidence in the visa they were recommending. Over the course of a week, I worked with his team to put together a stellar and thorough case. A few weeks later, we received an approval! Working with the Ashoori Law team on my case was a great experience! I highly recommend Ashoori Law to anyone who needs US immigration services.read more
Roberto GCB
23:38 11 Jan 21
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Sameer Agashe
23:08 29 Dec 20
Keep up the good work!
Yousuf Dadi
02:34 29 Dec 20
I had a great experience with Ashoori law Working with Lahaina has been great. She is very professional and knowledgeable in her field. I would strongly recommend this firm. I would like to thank all team of Ashoori Law from bottom of my heart.... They respond me immediately when i need their help, I appreciate all that they have done for me.your consideration,guidance,help and time. Thanks in bunchesread more
Rhys Gray
22:07 28 Dec 20
Rohit is a credit to the company. Really took the time to listen to & understand our situation, then talked us through all of our suitable options clearly & concisely with a friendly & pressure-free manner. Absolutely would recommend to anyone who... needs help & guidance in navigating what can be an incredibly confusing processread more
karla marro
05:23 22 Dec 20
Michael and Lahaina are the best they support me from the beginning and always answering my questions and concerns and following up so I super recommend them !
3 Dots IT Solutions
18:20 07 Dec 20
I just want to say Ashoori Law firm has been the best I ever dealt with. Starting from the front desk receptionist, everybody is very professional and responsive. Lahaina is my attorney whom I worked with. She is very well organized and guided me on... the right direction towards a successful approval of H1 for my consultant. To my surprise, there wasn't a RFE at all. Thanks so much for your service and I would highly recommend them for any immigration related service.read more
Art E
18:49 30 Nov 20
After multiple, futile attempts to seek Immigration Attorneys who are knowledgeable in worker visas (specifically L1A), we were finally able to find Ashoori Law! Our first L1A case submitted to Ashoori Law was successfully APPROVED. Despite the... most recent restrictions and suspensions with worker visas, Ashoori Law was able to put forth a compelling petition. Ashoori Law's internal processing systems and network of subject matter experts makes submitting a petition much easier and understandable. Highly recommended!read more
Jaco
23:58 19 Nov 20
Working with Michael and his team has been a great experience. You can see they have been doing this for years and everything is very well organized. I would highly recommend them for any immigration or visa requirements.
ujjwal luthra
18:43 13 Nov 20
I had wonderful Chat with Mr. Rohit Srinivasa. He was very kind, loyal and helpful. He is truly an asset for the firm. Looking forward to work with Ashoori Law firm. Keep it Up. Stay Blessed.Good Luck.🤝
Karthik Easwaran
16:47 10 Nov 20
Rohit S was very responsive!
Kemi Bamidele
18:26 05 Nov 20
Ehsan Mehri was very professional and compassionate when I spoke to him. He answered all my questions and I was so at peace after speaking to him. I absolutely recommend this law firm. They are a bunch of geniuses and they know what they are doing.
Lung Lee
05:02 29 Oct 20
Professional, kind and really helpful. I'd like to special thank to Rohit for his passion and caring.
Deepak Chandani
19:10 23 Oct 20
Michael, Lahaina and team are the best immigration lawyer firm - I wish I had them before I see the difference in service they are very responsive and professional. They got my H1B approved for three years.
Vincent Morrow
05:57 19 Oct 20
First of all, let me tell you why you should take my review seriously. I've lived in the US for almost 14 years, and I've always kept my visa status current. So, in the past 14 years, I worked with 4 immigration law firms. I've also met, exchanged... emails, and/or talked with countless other immigration attorneys and lawyers. So, I have A LOT of experience with immigration attorneys (by the way, you should also know that there is a difference between an attorney and a lawyer. You'd want an attorney if possible). And 3 out of the 4 firms who actually worked on my case(s) were excellent (that's why my visa status is still current… obviously haha). I don't want to talk about the one (out of the 4 firms) because that one was bad (thank god, he didn't end up working on my case). I only want to talk about the good ones, and in this case, it's Ashoori Law firm. And I'd like to tell you that, if you're looking for an immigration attorney and/or an immigration law firm, look no further! You have found it! You don't even need to read the rest of my review. Just go, sign the contract, and start working with them now, period!Okay, so you've decided to read further down the line? Fine. Here is why you should choose Ashoori Law. I'm a small business owner, so I know a thing or two about how a group of people get things going and get things done. And in order for something to go right, a lot of other things have to work right as well. Your dinner tastes good? The person(s) who cooked it must have done it right. And so does the farmer who helped grow the veggies you’re having now. Similarly, Ashoori Law must be doing a lot of things right because they just got my visa extended in 14 days! How great is that!?In addition, I’d really like to talk about the one attorney at Ashoori Law who worked on my case and got my visa extended. Her name is Lahaina Araneta (I also want to mention her paralegal, Daniel Chausow, who also did a great job on my visa extension. Moreover, there may be other people at Ashoori Law who helped with my case that I don’t know about). In short, Lahaina is one of the best immigration attorneys I have ever met. She is smart, thorough, resourceful, and positive. She is a genuinely good person who actually cares about immigrants and understands the hardships immigrants go through (let’s face it. The system is stacked against immigrants in every possible way, so having an excellent immigration attorney who truly cares about immigrants is crucial). She always answers my emails within 24 hours if not immediately. She is resourceful, and she has ideas. She knows how to present a case and get positive results (I mean… you may have a good case, but you still need to present it in a good way to get the result(s) you want). And like I said, if something works right, a lot of other things must be working right as well.Okay, I’ll stop here for now (I’ll update my review and write even more as time goes on). In short, just go and work with Ashoori Law. You’ll be glad that you did. Thank you!read more
eddie lavian
21:58 16 Oct 20
MR Ashoori was amazing!!help a lot with the case. Thank you
highland cell24connect
18:45 12 Oct 20
I give an excellent 5 star review to Michael Ashoori law firm and his team especially Lahaina Araneta for their excellent service for E-2 approval. The whole team is very professional and detail oriented and they provide response very promptly.... Along with being compassionate towards their clients, they provide amazing legal advice on immigration matters which helps clients get approval in quickest time possible. Hats off and highly recommend to others !!read more
Life Mizrahi
19:30 08 Oct 20
I would like to thank Michael Ashoori and his wonderful team!We had a very complicated immigration situation that he and his team were able to clear up and accomplish our goals.The price was very reasonable and The timing was excellent.Thank... you for all of the wonderful work.read more
chaya mizrahi
19:17 08 Oct 20
We had a very difficult situation with our legal immigration status and thanks to Michael and his Wonderful team they were able to fix everything within a reasonable amount of time and for a decent price.We highly recommend this team of attorneys... for all of your Immigration needs and beyond.read more
Bhavna G
21:10 29 Sep 20
Phenomenal service! Rapid response and attention to detail. The team were extremely diligent with the entire process and kept me up to date through the process! We had lots of hiccups with USCIS and CoVid causing multiple delays. I was extremely... impressed by Lahaina and her team. Right until the very end they messaged me, shared updates and provided guidance on next steps. Phenomenal service and. I’ll definitely be using them again. Thank you to the entire team at Ashoori law! I couldn’t have gotten through this process without you!!I highly recommend for all your immigration legal needs!!! Thank you so much!read more
Gene Boekhoudt
02:22 29 Sep 20
Lahaina Araneta of ASHOORI LAW was instrumental in assisting me to get my E2 Visa. The service was always on point and result driven. I was always well informed and prepared for my Interview.I highly recommend using the service of ASHOORI LAW.
Umesh Joshi
20:49 26 Sep 20
It was very nice experience and really helpful for all kind of services
Dmitry Bak
23:46 13 Sep 20
Michael helped us a lot preparing and sending all the needed documents to USCIS. We were very squeezed in time, and I even had to drive from SF to LA to deliver the originals in person, quicker than USPS or Fedex could do, to save one day. Michael... met me in his office at night time, so kind! During the entire period, Michael's team kept us informed about every single step they did, and finally we got all the needed approvals from USCIS. I highly recommend Michael, his company is a great example of how an ideal lawyer/attorney should work.read more
Freuet Solutions LLC
22:49 08 Sep 20
Mike reached out to me personally and gave a good and detail explanation of possible options to take in my case.I recommend you reach out to him with your immigration matters.
Ha Ka
17:48 02 Sep 20
I can only recommend Michael Ashoori for all your immigration needs and inquiries . Very proffessional. Thanks to Michael Ashoori and all his team. I will be back soon again!
Tarek
11:57 02 Sep 20
Started working with Michael Ashoori firm around march this year during the pandemic, but despite these difficult times they guided me step by step and they were always there when ever i had a question or clarification.Lahaina was great, very... professional immigration attorney and of very help through out all the process.She guided me all the way till i got my L1 visa approved.They have this portal system while they post in details every single document needed to ensure the success of the petition. I just had to collect all these documents, upload them on the portal and then they take it from there, they prepared everything and filled up the petition. Their job doesn’t stop here since most of the petitions gets an RFE from USCIS, so they continue by preparing whats needed and resubmit again till i got the reply that my petition was approved.Over all, Michael and his team are very professional and they really know what they are doing and they stay updated with all the recent laws and regulations going on. Highly recommendedread more
Ahmed Gaber
21:44 03 Aug 20
Good office because he offer free consultation
Vj M
03:58 14 Jul 20
Mike and his team helped me with E2. They were very patient and professional throughout the process which got significantly delayed due to Covid. The attorney assigned to me was very knowledgeable and available to advise even at a short notice.... Overall, I had a very pleasant experience and would highly recommend Ashoori Law. Looking forward to working together again in the near future.read more
Gustavo Mas
18:03 07 Jul 20
My experience with Michael is remarkable, he is very professional and has profound knowledge in immigration laws, he made me feel like I was with the right lawyer, so rest assure, if you decide to work with him, you are very likely to be successful... at your case.read more
Allen Pourkhomami
18:58 25 Jun 20
Great institutions like Ashoori law firm are made by great people, and there are no finer individuals than those who dedicated themselves to assist clients with different cases like mine. “HONEST & EMPATHETIC” are the words that come to mind when I... think of Lahaina and the rest of her amazing team! Highly professional and experienced immigration attorney who provided excellent service, demonstrating personal attention to all details of your cases. They show compassion by studying clients' stories.They certainly know the immigration process and help you fully prepare for the case and interview. They are always making sure that the whole process goes very smooth. I especially want to thank “Lahaina Araneta” attorney & Michael Ashoori. If you are a really nervous client like me, these people are always super patient and kind with you. If anyone is looking for immigration help, “Ashoori law firm” should be your very first choice for sure because they can really get things done!Working with Lahaina Araneta was absolutely great. She helped me through my entire journey without any hesitations. I always got answers whenever I had questions. I will definitely work with “HER” again on my next journey. She helped me a lot from the beginning of my case (naturalization case). She is attentive to details and very informative. She also quickly responded to my questions about my status. I can't say enough about her. I was completely dazzled by her communication skills and courage in communications with the USCIS office. I am blown away by her integrity and all the hard work she has done on my behalf. I will always be grateful for all of her efforts. Lahaina I just want to thank you for the excellent work you did as my immigration attorney. I would like to express my heartfelt gratitude to you for all the cares and concerns you have shown me, and for working tirelessly. if it weren’t for your analytical skills and knowledge, the matter wouldn’t have been settled by now. I knew you have a lot of clients, so your prompt responses and attention to detail really meant a lot to me. Having an experienced attorney like you on my side was a good sign that I was walking into the right path to win the case. Thank you Lahaina for your support during my N-400 application process, and for helping me to get the desired outcome. You don't know how much your passion impacts the lives of others.read more
Sandie Galloway
18:41 10 Jun 20
Lahaina was one of 4 lawyers that I had an Initial consult with. She was the only one who took the time to truly understand my case. She was patient with me and very responsive. The most important thing is she was the only lawyer who believed in me.... She has world class professionalism. We successfully got my visa and I couldn’t have done it without her. Will never use another law firm. Highly recommend. She truly cares about her clients and goes the extra mile.read more
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Michael Ashoori Headshot

Michael Ashoori, Esq.

U.S. Immigration Lawyer

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.