Understanding the EB-3 Visa: Employment-Based Green Cards for Skilled, Professional, and Other Workers
For many foreign nationals, securing U.S. permanent residency through employment is a life-changing opportunity. The EB-3 Visa is one of the most common employment-based immigration options, offering a pathway to a Green Card for skilled workers, professionals, and certain other workers.
What is the EB-3 Visa?
The EB-3 is a third-preference employment-based immigrant visa category. It allows U.S. employers to sponsor foreign nationals for lawful permanent residence when there are no qualified U.S. workers available for the position.
The EB-3 category is divided into three main subgroups:
Skilled Workers – Positions requiring at least two years of job experience or training.
Professionals – Positions requiring at least a U.S. bachelor’s degree or foreign equivalent.
Other Workers – Unskilled positions requiring less than two years of training or experience (subject to an additional annual visa cap).
Key Requirements
To qualify for an EB-3 Visa, you generally must have:
A permanent, full-time job offer from a U.S. employer.
The qualifications (education, training, or experience) for the offered role.
An employer willing to go through the U.S. Department of Labor (DOL) certification process.
The General EB-3 Process
1. PERM Labor Certification
The U.S. employer must first obtain PERM labor certification from the DOL.
This process verifies that there are no qualified U.S. workers available and that hiring a foreign worker will not negatively affect wages or working conditions of U.S. employees.
The employer must conduct a specific recruitment process before applying.
2. Filing Form I-140 (Immigrant Petition for Alien Worker)
Once PERM is approved, the employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS).
The I-140 demonstrates that the job offer and the employee meet EB-3 requirements and that the employer can pay the offered wage.
3. Waiting for a Priority Date to Become Current
EB-3 visas are subject to annual numerical limits. Applicants may need to wait for their priority date (the date the PERM was filed) to become current in the Visa Bulletin before proceeding.
4. Adjustment of Status or Consular Processing
If already in the U.S. in a lawful status: file Form I-485 to adjust status to permanent resident when the priority date is current.
If outside the U.S.: go through consular processing at a U.S. embassy or consulate.
5. Receiving Your Green Card
Once approved, the applicant becomes a lawful permanent resident of the United States.
Processing Times
The EB-3 process can take anywhere from a year to several years, depending on:
Country of chargeability (applicants from certain countries, like India or China, often face longer waits)
PERM processing times
USCIS and consular processing backlogs
Why Legal Guidance Matters
The EB-3 process involves three government agencies—the DOL, USCIS, and the U.S. Department of State—and strict compliance with detailed regulations. Even minor mistakes in recruitment documentation, job descriptions, or timing can cause significant delays or denials.
An experienced immigration attorney can:
Help employers navigate the PERM process correctly the first time.
Ensure that job requirements meet legal standards.
Prepare a thorough I-140 petition and supporting evidence.
Strategically manage priority date issues to avoid unnecessary delays.
Final Thoughts
The EB-3 Visa offers a path to permanent residency for workers in a broad range of roles—whether you are a skilled tradesperson, a professional with a degree, or filling an essential unskilled position. While the process can be complex and time-consuming, it can also be life-changing for both the worker and the U.S. employer.
The Law Office of Michelle Prasad, PLLC, has extensive experience representing both employers and employees in EB-3 cases, from PERM certification through Green Card approval.
Contact my office today to schedule a consultation and take the first step toward U.S. permanent residency through the EB-3 program.