EB-3
EB-3 Skilled Worker & Professional
Employer-sponsored immigrant petition for a professional, a skilled worker with at least two years of training or experience, or an other worker — filed on an approved permanent labor certification.
Once the certification is approved, EB-3 turns on two things that have nothing to do with the beneficiary's talent: whether the employer can show it could pay the proffered wage every year since the priority date, and whether the beneficiary met the certified minimums on that date rather than today. Attest reads the petition against the certified 9089 line by line and says where the experience letters fall short of what the certification actually asked for.
The document checklist
What the client is asked for — before you have to ask twice.
A new EB-3 starts with this checklist already on the case. Your client sees it in the portal in their own language, uploads from their phone, and each item flips to received as it arrives.
Required
7 items- Approved labor certification (ETA-9089)
- Job offer letter matching the certified position
- Ability to pay — federal tax returns, audited financials, or annual report
- Degree certificates and transcripts
- Experience letters on letterhead — dates, duties, and hours
- Current resume / CV
- Passport biographic page, current visa, and I-94
If it applies
7 items- Pay stubs and W-2s (beneficiary already employed by the petitioner)
- Credential evaluation (foreign degrees)
- Professional license or certification (where the job requires one)
- PERM recruitment and audit file
- Prior I-140 or PERM notices (priority date retention)
- Successor-in-interest evidence (ownership change since certification)
- Family member documents
What the evidence is measured against
An evidence map, criterion by criterion.
Attest reads every document on the case and maps it to the elements below — marking each one supported or a gap, and citing the page it relied on. A gap is stated plainly rather than papered over.
Where these cases get RFE’d
The grounds USCIS comes back on.
When a notice does arrive, upload it — Attest extracts each request, maps it against what you already have on file, and drafts a cited response plan. The response deadline it finds is docketed only after you confirm it against the notice page itself.
Ability to pay not established
Net income and net current assets both fall short of the proffered wage for a year between the priority date and now, and no record of wages actually paid covers the gap.
Qualifying experience gained with the petitioning employer
The experience was earned in the same job with the sponsor, and nothing shows the earlier role was materially different.
Experience letters don't prove what was certified
Letters missing dates, duties, or hours — or signed by a colleague rather than someone with authority to speak for the employer.
Degree equivalency in the professional subcategory
A three-year degree, or a degree-plus-experience combination, offered where the certification required a single U.S. bachelor's or a foreign equivalent.
Beneficiary doesn't meet the 9089 minimums as written
The petition argues the beneficiary is qualified on the merits when the certified requirements say something narrower. Attest diffs the petition against the certification.
Bring an EB-3 you already have open.
Nothing to migrate. Upload the file you’re working on and see a cited evidence map against these criteria.
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