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  1. Home
  2. EB-3 Employment Based Immigration Successfully Structured by a Skilled Immigration Attorney in New Jersey

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EB-3 Employment Based Immigration Successfully Structured by a Skilled Immigration Attorney in New Jersey



This case study presents a reconstructed but legally accurate example of an EB-3 employment based immigration process prepared for a foreign national beneficiary sponsored by a U.S. employer with stable and ongoing business operations. 

 

The case demonstrates how a clearly defined position, supported by realistic job duties and carefully aligned qualification requirements, can successfully proceed through the Prevailing Wage Determination stage when structured with a long term strategy in mind.

 

Throughout the process, the employer and beneficiary worked closely with an immigration attorney in New Jersey to ensure that every element of the case complied with U.S. Department of Labor and USCIS standards while remaining practical for real world business operations.

Contents


1. Immigration Attorney in New Jersey | Employer Sponsorship Background


Immigration Attorney in New Jersey

 

 

The sponsoring employer in this case was an established U.S. business operating continuously within its industry and demonstrating a genuine need for a full time, permanent employee.

 

From the outset, the employer’s intent was not to fill a temporary or auxiliary role, but to secure a professional capable of handling core operational responsibilities essential to the company’s overseas market engagement.

 

The immigration attorney in New Jersey advised the employer to structure the position around actual business needs rather than generalized job descriptions, ensuring that the sponsorship reflected a bona fide employment opportunity consistent with EB-3 regulations.



Business Stability and Sponsorship Readiness


The employer maintained consistent revenue, a clear organizational structure, and documented operational activities supporting the need for an additional skilled worker. 

 

Financial documentation, internal workflow descriptions, and organizational charts were reviewed to confirm that the offered position aligned with the company’s long term growth strategy rather than being created solely for immigration purposes.



Position Classification at the Planning Stage


Early classification of the position was critical, as the role required ongoing professional judgment and responsibility rather than routine assistance. 

 

By clarifying the scope of authority and operational relevance, the case avoided mischaracterization risks that often trigger scrutiny during the labor certification process.



2. Immigration Attorney in New Jersey | Job Duties and Role Definition


The job offered in this EB-3 case extended beyond clerical or support level tasks and instead focused on substantive responsibilities related to international market coordination and operational management. 

 

The duties were carefully articulated to reflect continuity, specialization, and professional accountability.

 

With guidance from an immigration attorney in New Jersey, the job description was drafted to show how each responsibility contributed directly to the employer’s business objectives, avoiding vague language or inflated claims that could undermine credibility.

 



Substantive Operational Responsibilities


The position included responsibilities such as coordinating overseas partner communications, monitoring cross border operational performance, assisting with market specific compliance considerations, and supporting strategic planning for international business activities. 

 

Each duty was described as part of an ongoing workflow rather than isolated tasks, demonstrating the professional nature of the role.

 



Demonstrating Continuity and Professional Skill


Rather than listing disconnected tasks, the job description emphasized how responsibilities built upon one another over time, requiring accumulated knowledge and sustained engagement. 

 

This approach reinforced that the position demanded consistent professional involvement rather than intermittent or entry level assistance.



3. Immigration Attorney in New Jersey | Education and Experience Requirements


Immigration Attorney in New Jersey Education and Experience Requirements

 

 

A central strength of this case was the careful calibration of education and experience requirements to match the actual demands of the job. 

 

The requirements were neither excessive nor artificially lowered, but instead reflected what a reasonable employer would require for successful performance in the role.

 

The immigration attorney in New Jersey ensured that the stated qualifications were defensible under Department of Labor standards and consistent with industry norms.



Reasonable and Defensible Qualifications


The employer required a combination of relevant education and practical experience directly tied to international operations and market coordination. Importantly, the requirements did not exceed what was necessary to perform the duties, reducing the risk of denial based on overly restrictive criteria.



Avoiding Overstatement and Legal Risk


By avoiding unnecessary credential inflation, the case minimized the possibility of challenges during later PERM or immigrant petition stages. 

 

The focus remained on demonstrating that the beneficiary’s background was logically and professionally connected to the role rather than tailored solely for immigration eligibility.



4. Immigration Attorney in New Jersey | Prevailing Wage Strategy and Outcome


The Prevailing Wage Determination stage was treated as a strategic foundation rather than a procedural formality. Each element submitted to the Department of Labor was designed with future PERM and I-140 stages in mind, ensuring consistency across all filings.

 

An immigration attorney in New Jersey guided the employer through SOC code selection, wage level analysis, and regional wage considerations to align the application with OEWS standards.



SOC Code and Geographic Wage Alignment


The position was classified under an SOC code that accurately reflected its professional scope, industry context, and level of responsibility. 

 

The worksite location, industry sector, and job requirements were carefully matched to ensure that the prevailing wage reflected real labor market conditions.



Successful Wage Determination and Strategic Impact


As a result of this structured approach, the prevailing wage was issued without complication, confirming that the job description and requirements were properly aligned with Department of Labor expectations. 

 

This outcome established a strong foundation for the subsequent PERM labor certification and immigrant petition stages, illustrating how early strategic planning can significantly reduce risk in employment based immigration cases.


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Green Card Approval Case Study in New York for EB-3 Professional with Interview Waived Adjustment of Status

13 Jan, 2026


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The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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