EB-3 Employment-Based Immigration
For skilled workers, professionals, and other workers.
Skilled Workers
Requires at least 2 years of training or experience.
Professionals
Requires a U.S. bachelor's or foreign equivalent degree.
Other Workers (Unskilled)
Performing unskilled labor requiring less than 2 years of training.
EB-3 Visa Subcategories & Eligibility
Skilled Workers
Requires at least 2 years of training or work experience. The job must not be of a temporary or seasonal nature and requires skills not available in the U.S. labor market.
2+ YEARS EXPERIENCE
Professionals
Requires a U.S. baccalaureate degree or a foreign equivalent degree. Relevant work experience cannot be substituted for the required degree for this specific subcategory.
BACHELOR'S DEGREE
Other Workers
Consists of unskilled labor requiring less than 2 years of training or experience. This category often faces significant visa backlogs due to high demand and limited annual quotas.
UNSKILLED LABOR
The EB-3 Step-by-Step Application Process
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Step 1: PERM Labor Certification
The process begins with the employer obtaining a permanent labor certification from the Department of Labor (DOL). This involves verifying that no qualified U.S. workers are available for the role and that the wage meets prevailing standards.
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Step 2: Form I-140 Petition
Once the PERM is approved, the employer files Form I-140, Immigrant Petition for Alien Workers, with USCIS. This step demonstrates the employer's ability to pay the offered wage and that the worker meets the mandated requirements.
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Step 3: Priority Date Monitoring
The date the PERM was filed becomes your Priority Date. You must monitor the Visa Bulletin published monthly by the Department of State. You can only move to the final step when your date becomes 'current' in your category.
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Step 4: Adjustment of Status or Visa Interview
If you are in the U.S., you file Form I-485 to adjust status. If abroad, you undergo consular processing at a U.S. embassy. This includes a medical exam and an interview before a final decision is made by immigration authorities.
EB-3 Visa Frequently Asked Questions
What are the current backlogs for EB-3?
Wait times vary significantly by country of chargeability and category (e.g., Other Workers vs Professional). As of May 2026, many categories remain subject to multi-year backlogs due to annual cap limits. Always monitor the monthly Visa Bulletin issued by the Department of State.
What is the employer's role in the process?
The employer is the petitioner. They must prove there are no qualified U.S. workers for the position through the PERM process, commit to paying the prevailing wage, and demonstrate the financial ability to pay that wage until the green card is granted.
Can my family be included in the petition?
Yes. Spouses and unmarried children under 21 are generally eligible for derivative status. They may apply for immigrant visas or adjustment of status alongside you and will be eligible for work and travel authorization during the final stages.
What happens if the PERM is denied?
If the Department of Labor denies the labor certification, the I-140 immigrant petition cannot be filed. Employers can either appeal the decision or wait a specific period to start a new recruitment cycle and PERM application.
Can I switch jobs while my EB-3 is pending?
Portability rules under AC21 may allow you to change employers if your I-480 Adjustment of Status has been pending for 180 days or more, provided the new job is in a 'same or similar' occupational classification.
Is premium processing available?
Yes, Form I-907 Premium Processing is generally available for the I-140 petition stage. This expedites the USCIS decision to 15 calendar days for an additional fee, but it does not expedite background checks or the Visa Bulletin wait times.