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EB3: Skilled Workers, Professionals, and Other Workers

EB-3 Visa: Employment-Based Third Preference Green Card

The EB-3 visa is the Employment-Based Third Preference immigrant visa category. It provides a pathway to U.S. permanent residence (green card) for foreign skilled workers, professionals, and unskilled workers (known as “other workers”) who have a qualifying full-time job offer from a U.S. employer. Often referred to as the skilled worker green card, this category encompasses a diverse range of occupations, including nurses, engineers, cooks, construction workers, and caregivers. Because it is inclusive, EB-3 is one of the more accessible employment-based green card options. However, it also typically involves longer wait times due to high demand and annual visa caps, especially for applicants from countries like India and China. Unlike some higher-preference visas (such as EB-1 or certain EB-2 cases), the EB-3 generally requires employer sponsorship and a labor certification (PERM). Below, we outline the EB-3 subcategories, eligibility requirements, application process, and key considerations. For personalized guidance on EB-3 cases, it’s best to consult an experienced EB-3 visa lawyer who can help navigate the process.

Overview of EB-3 Subcategories

The EB-3 category is divided into three subcategories, each with its own eligibility criteria:

Skilled Workers (EB-3A)

Jobs that require at least 2 years of training or experience and are not temporary or seasonal. The foreign worker must have the necessary training, experience, or education for the position. Relevant post-secondary education can count toward the training requirement. Importantly, a U.S. employer must offer a permanent, full-time position and undergo the labor certification process to demonstrate that no qualified U.S. worker is available. Skilled worker roles typically encompass trades and technical occupations.

Common EB-3 Skilled Occupations:

Trades and Technicians

Electricians, plumbers, welders, automotive technicians, HVAC mechanics.

Culinary Workers

Chefs, commercial bakers, and experienced cooks.

Healthcare Technicians

Licensed practical nurses (LPNs), medical technologists.

doctors-nurses-sitting-staircase-1

Skilled Construction Workers

Carpenters, electricians, heavy equipment operators (with 2+ years of experience).

Professionals (EB-3B)

Jobs that require at least a U.S. bachelor’s degree or the equivalent from another country in a specific field. The applicant must have that degree, and it must be the typical minimum requirement for entering the occupation (work experience cannot replace the degree in this category). The employer must obtain a labor certification and offer a permanent job related to the worker’s field of study.

Common EB-3 Professional Occupations:

  • Engineers and Scientists: Civil, electrical, and mechanical engineers; architects; urban planners.
  • Business and Finance: Accountants, financial analysts, and marketing professionals.
  • Education: K-12 teachers, college instructors, and librarians.
  • Information Technology: Software developers, IT consultants, and systems analysts.
    Note: A four-year bachelor’s degree is usually required. For instance, a three-year foreign degree typically does not qualify as equivalent to a U.S. bachelor’s degree for EB-3 professionals. If the job would accept someone without a degree, then it is not eligible under the “professional” category. (It might fall under skilled worker instead if 2+ years of experience are acceptable.)

Other Workers (Unskilled Labor – EB-3C)

Jobs that require less than 2 years of training or experience, and are not temporary or seasonal. This subcategory primarily refers to the unskilled labor green card pathway in the U.S., designed for entry-level or labor roles that do not require extensive training. The worker must be able to perform unskilled labor, and the employer must still complete a labor certification and offer a full-time, permanent position at the prevailing wage.

Common EB-3 “Other Worker” Occupations:

All EB-3 subcategories require a permanent job offer from a U.S. employer and an approved labor certification from the Department of Labor, with only very narrow exceptions. In practice, this means the EB-3 process is employer-driven – a U.S. company must sponsor the foreign worker.

  • Hospitality Service: Hotel housekeepers, janitors, cleaning staff; restaurant servers, bussers, and food service crew.
  • Agricultural and Landscaping: Farm workers, crop harvesters, nursery workers; landscaping and grounds maintenance laborers.
  • Caregiving and Labor: Home health aides, nursing home assistants, elderly caregivers.
  • General Labor: Construction laborers, warehouse workers, factory assemblers, entry-level manufacturing workers.
    Note: “Other workers” face the longest wait times for a green card. By law, only up to 10,000 visas can be issued each year to unskilled EB-3 other workers, which causes an additional backlog for this category. In fact, the EB-3 “Other Workers” category often has a separate, more retrogressed priority date than EB-3 skilled workers or professionals.

PERM Labor Certification Requirement (and Why It’s Needed)

A key aspect of the EB-3 visa is the PERM labor certification process. PERM (Program Electronic Review Management) is how the U.S. Department of Labor (DOL) confirms that hiring a foreign worker won’t displace or hurt U.S. workers in that role and location. In nearly all EB-3 cases, the employer must secure an approved PERM labor certification (Form ETA-9089) before submitting the immigrant petition.

Key points about PERM labor certification:

  • The employer must test the U.S. labor market by advertising the job and recruiting candidates domestically. They must document any applicants and prove that no qualified U.S. citizen or permanent resident was willing, able, and available to fill the position at the prevailing wage. Only if this test shows a shortage of U.S. workers can the DOL certify the position for a foreign worker.

  • PERM requires obtaining a prevailing wage determination from DOL and paying the sponsored worker at least that wage. The employer then runs ads (often in newspapers, online job boards, etc.) and waits at least 30 days for responses. They must interview any potentially qualified U.S. applicants and provide a report of results.

  • The PERM process is complicated and lengthy, often taking several months, including recruitment and DOL processing. Any mistakes or oversights can result in audits or denial, so careful attention to detail is essential.

  • Why PERM is needed for EB-3: The EB-3 category doesn’t have the extraordinary ability or national interest elements that might allow skipping labor market protections. It is meant for positions that regular U.S. workers could fill. Therefore, the law requires a labor certification to confirm the employer really needs to hire a foreign worker. This rule helps protect U.S. workers from job competition in these skilled and unskilled roles.

  • Exceptions (Schedule A): Certain occupations are pre-certified by DOL as shortage occupations, allowing employers to bypass the normal PERM advertising process. Professional nurses and physical therapists are listed in Schedule A, Group I, due to persistent shortages in those fields. Similarly, individuals with exceptional ability in the arts or sciences (Group II) also fall under Schedule A. In an EB-3 Schedule A case, the employer still submits a labor certification form to USCIS; however, it doesn’t require prior DOL approval, as the DOL has already recognized the shortage. Outside of Schedule A cases, nearly all EB-3 petitions require an approved PERM.

EB-3 Visa Backlogs, Priority Dates, and Wait Times

One of the biggest challenges of the EB-3 category is the waiting time for a green card number to become available. Each year, approximately 40,000 EB-3 visas are available worldwide (28.6% of the overall employment-based visas), but no more than 10,000 of those can go to unskilled “Other Workers”. These limits cause priority date backlogs when demand exceeds supply.

Priority Dates & Visa Bulletin: When your employer files the labor certification or the I-140 petition, you receive a priority date—essentially your place in line for a green card. Each month, the U.S. Department of State releases the Visa Bulletin, which shows the “cut-off” priority date that can be processed for each category and country. If your priority date is earlier than the cut-off date listed for your category or country, a visa is available and you can move on to the final step of your green card process. If your date has not yet reached the cut-off, you must wait. This system ensures visas are issued in the order they are filed.

For EB-3, backlogs are common, especially for workers from India and China (which have high demand). For example, India EB-3 petitions often face decades-long waits; China EB-3 also sees extensive delays. Even for other countries, EB-3 can have a queue. The Other Workers (unskilled) subcategory often has a more backlogged cut-off date than the main EB-3 skilled/professional category due to its 10k annual visa cap.

Visa Retrogression: It’s important to note the Visa Bulletin dates can move forward, stall, or even retrogress (move backward) depending on visa usage. EB-3 applicants must monitor the Visa Bulletin on a monthly basis. Your priority date must be current (or “available”) at the time of final green card processing.

Patience is often required for EB-3. Ensuring your priority date is secured as early as possible by filing the PERM and I-140 promptly can put you ahead in the queue. An experienced immigration attorney can help time the process and explore category upgrades or other options if delays are excessive.

Step-by-Step EB-3 Green Card Application Process

Obtaining an EB-3 green card involves multiple steps with different government agencies. Below is an outline of the EB-3 application process, from the employer’s initial filings to the employee’s final green card:

  1. Prevailing Wage Determination (PWD): [Employer Action] – The employer initiates the process by requesting a prevailing wage from the Department of Labor for the specific position. This establishes the minimum salary for the job in the specific geographic area. (This step is preparatory to the PERM and ensures the offered wage meets government standards.)

  2. PERM Labor Certification: [Employer Action] – The employer conducts the PERM labor certification process with the U.S. Department of Labor. This involves posting the job advertisement, recruiting U.S. workers, and filing Form ETA-9089 (Application for Permanent Employment Certification). The goal is to obtain DOL’s approval of the labor certification, confirming that no qualified U.S. worker is available for the job.

  3. Form I-140 Immigrant Petition: [Employer Action] – Once the labor certification is approved, the U.S. employer submits Form I-140 (Immigrant Petition for Alien Worker) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. In this petition, the employer demonstrates that the beneficiary meets the job requirements (education and experience) and that the company has the financial capacity to pay the offered wage. The approved labor certification (PERM) must be included.

  4. Wait for Priority Date to Become Current: [Employee & Employer] – After the I-140 is approved, the case may enter a waiting period if the EB-3 category for the person’s country is backlogged. During this time, the beneficiary should monitor the Visa Bulletin each month to see when their priority date becomes current (i.e., when a visa number is available). If the category is current (i.e., there is no backlog) or once the priority date is reached, the case can proceed to the final stage. (Note: In some instances, if the priority date is already current at the time of filing the I-140, the applicant can concurrently file the I-485 adjustment application with the I-140 to save time.)

  5. Apply for Green Card – Final Stage: [Employee Action] – There are two pathways to obtain the actual green card once a visa is available:
  • Adjustment of Status (Form I-485): If the foreign worker is lawfully present in the U.S. (e.g., on an H-1B visa) when their priority date is current, they can file Form I-485, Application to Adjust Status with USCIS. This application, filed by the employee (beneficiary), seeks to change from non-immigrant status to immigrant (permanent resident) status without leaving the U.S. The I-485 can be filed concurrently with the I-140 if a visa is immediately available; otherwise, it’s filed once the I-140 is approved and the priority date is current. Along with the I-485, the applicant can also apply for an EAD (work permit) and Advance Parole (travel document) for use during the pending period. USCIS will eventually contact the applicant for biometrics and possibly an interview, and then approve the green card if all checks are satisfactory.

  • Consular Processing (DS-260): If the beneficiary is outside the United States or opts for consular processing, the approved I-140 is sent to the National Visa Center (NVC), and the foreign national will complete the DS-260 immigrant visa application and submit civil documents to the NVC. An interview is then scheduled at the appropriate U.S. Embassy or Consulate abroad. During the interview, the applicant presents original documents such as police clearance and medical exam results. If the consular officer approves, an immigrant visa is issued for travel to the U.S., where the person will be admitted as a permanent resident (green card holder).

  1. In either case, medical examinations and background security checks are required. For adjustment applicants, a Form I-693 medical report is submitted to USCIS. For consular applicants, a panel physician exam is completed before the interview. Once the adjustment application or consular interview is approved, the foreign national becomes a U.S. permanent resident.

  2. Receive Green Card: [Employee] – The final step is receiving the physical Green Card (Permanent Resident Card). Adjusting applicants get the card by mail a few weeks after approval. Consular applicants are usually issued a visa stamp to enter the U.S., and after entry, the actual green card is mailed to their U.S. address. At this stage, the beneficiary can work and live in the U.S. indefinitely as a permanent resident.

    The keys to success are planning and patience: start the process early, work closely with a knowledgeable immigration attorney, and have contingency plans in place during the wait (such as maintaining a valid immigration status). The reward – U.S. permanent residency for you and your family – can make the lengthy journey worthwhile.