What is the EB-3 Visa?
The EB-3 visa is an employment-based immigrant visa that allows skilled workers, professionals, and certain other workers to live and work in the United States permanently. This visa category leads to a green card and eventual U.S. citizenship.
Benefits of the EB-3 Visa
- Provides a direct path to a Green Card: Permanent Residency in US
- Lower eligibility requirements compared to other employment-based visas.
- Pathway to U.S. citizenship
- Eligibility for dependents (spouse and children under 21)
- Freedom to change employers after meeting certain conditions
- Access to U.S. healthcare and education benefits
Employment-Based Green Card Categories
EB-3 is one of the employment-based category green cards.
Each year, from October 1 to September 30, the U.S. government allocates approximately 140,000 employment-based immigrant visas. These visas are divided into five preference categories, and eligible family members (spouses and minor children) may also qualify for immigrant visas.
U.S. immigration law offers several pathways for employment-based permanent residency through different preference categories.
First Preference (EB-1) – Priority Workers
- Individuals with extraordinary ability in science, arts, education, business, or athletics
- Outstanding professors and researchers
- Certain multinational managers and executives
Second Preference (EB-2) – Advanced Degrees & Exceptional Ability
- Professionals with advanced degrees
- Individuals with exceptional ability in their field (including national interest waivers)
Third Preference (EB-3) – Skilled Workers, Professionals, or Other Workers
- Skilled workers with at least two years of job experience or training, who have a job offer from a U.S. employer and meet the qualifications and requirements necessary to classify as a skilled worker
- Professionals with at least a U.S. bachelor’s degree or foreign equivalent
- Other workers performing unskilled labor (limited availability)
What is the EB-3 Visa?
The EB-3 visa is a U.S. employment-based immigrant visa that grants foreign nationals a Green Card to live and work permanently in the United States. This visa is designed for applicants who do not qualify for the EB-1 (priority workers) or EB-2 (advanced degree holders) categories but still have valuable skills to contribute to the U.S. workforce.
The EB-3 visa is a popular employment-based immigration category in the United States. This visa is designed for skilled workers, professionals, and other (unskilled) workers who wish to obtain permanent residency (a green card) through employment.
The EB-3 category is divided into three subcategories:
- EB-3A: Professional workers with at least a U.S. bachelor’s degree or equivalent.
- EB-3B: Skilled workers with at least two years of job experience or training.
- EB-3C: Other (unskilled) workers, performing jobs requiring less than two years of training.
Why Choose the EB-3 Visa?
Many foreign workers choose the EB-3 visa because:
✅ It leads to a U.S. Green Card, granting permanent residency.
✅ Family members (spouse and children under 21) can also apply for Green Cards.
✅ Family members of EB-3 visa holders can also become lawful permanent residents, gaining access to various immigration benefits.
✅ No need for extraordinary skills or high-level degrees (especially for EB-3B and EB-3C categories).
✅ Ideal for skilled and unskilled labor positions that U.S. employers struggle to fill.
Annual Quota and Waiting Times
The U.S. government issues about 40,000 EB-3 visas annually, 28.6% of all employment based green cards, distributed as follows:
- Professional & Skilled Workers (EB-3A & EB-3B): ~30,000 visas
- Unskilled Workers (EB-3C): ~10,000 visas
Nationality Quotas
No more than 7% can be granted to applicants from any single country, leading to backlog issues for countries with high demand, such as India and China.
The EB3 visa is a highly sought-after option for foreign nationals seeking permanent residency in the U.S. due to its flexibility in accommodating various skill levels. However, due to annual caps and country-specific quotas, the waiting time can vary significantly.
Check the latest USCIS Visa Bulletin here to determine visa availability
Priority Date
Waiting for Priority Date to Become Current (0 to 10+ Years)
Your priority date is the date when your employer submits the PERM application. Due to visa caps, applicants from certain countries (e.g., India, China, Mexico, and the Philippines) may face several years of waiting before their priority date becomes current.
Check the Visa Bulletin for monthly updates.
Estimated Wait Times by Country:
|
Country |
Estimated Wait Time |
| India | 10+ years |
| China | 6+ years |
| Mexico | 1-3 years |
| Philippines | 1-3 years |
| Rest of the World | 0-2 years |
Who Qualifies for the EB-3 Visa?
The EB-3 category is divided into three subcategories:
1. EB-3A: Professional Workers
- Must have a bachelor’s degree or foreign equivalent.
- The degree must be the normal requirement for entry into the profession.
- Work experience cannot be substituted for education.
- The job must be permanent and full-time.
- Work experience cannot substitute for a degree.
2. EB-3B: Skilled Workers
- Must have at least two years of relevant work experience.
- Must have at least 2 years of job experience or training.
- The job must require specialized skills (e.g., electricians, chefs, mechanics).
- The job must be permanent and full-time (not seasonal or temporary).
- Must meet the educational or training requirements of the job (some post-secondary education may be considered as training).
3. EB-3C: Other (Unskilled Workers)
- The job must require less than two years of experience or training.
- The job must be permanent and full-time (not seasonal or temporary)
- Must meet the employer’s specific requirements for the position, and be capable of performing unskilled labor
- Examples: Caregivers, hotel workers, janitors, farm laborers.
Employer Responsibilities
To hire an EB-3 visa applicant, the U.S. employer must prove:
✅ They tried to hire U.S. workers but were unsuccessful.
✅ The wage offered meets local prevailing wage standards.
✅ The job is permanent and full-time.
✅ They completed the Labor Certification (PERM) process.
Processing Time for EB3 Visa
The processing time can vary significantly:
- Standard Processing: 3–5 years (in some cases more, for example due to backlogs related to country of origin such as India)
- Factors affecting timeline:
- Visa category backlogs
- USCIS processing speed
- Priority date availability
Can My Family Join Me in the U.S.?
Yes! If you receive an EB3 visa, your spouse and children (under 21 and unmarried) are also eligible.
Dependent Visa Categories
- For Skilled & Professional Workers
- Spouse: E-34 Visa
- Children: E-35 Visa
- For Unskilled Workers
- Spouse: EW-4 Visa
- Children: EW-5 Visa
Work Authorization for Spouses
Spouses of EB3 visa holders can apply for an Employment Authorization Document (EAD) to legally work in the U.S. if their I-485 adjustment of status case is pending.
EB-3 Visa Cost
Fees for Applicants Inside the U.S.
- Recruitment Fees: Paid by employer
- Form I-140 (Immigrant Petition for Alien Worker): $715 (paid by employer)
- Optional: Premium Processing of I-140: $2805 (receive answer within 45 days)
- Immigrant Fee: $235
- Form I-485 (Adjustment of Status): $1,440 per applicant
Fees for Applicants Outside the U.S.
- Form I-140: $715 (paid by employer)
- Form DS-260 (Green Card Application): $345
- Form I-864 (Affidavit of Support): $120
Click here for the latest USCIS fee updates
📌 Check USCIS fees: USCIS Fee Schedule
EB-3 Visa Processing Time
The total processing time varies based on factors such as nationality, visa backlog, and employer sponsorship.
- Labor Certification (PERM): 12-24 months
- Form I-140 Processing:
- Standard: 6-12 months
- Premium Processing (Optional): 15 calendar days ($2,805 fee)
- Visa Availability Wait: Depends on priority date and country of origin (could be years if from country that is backlogged like India. See Visa Bulletin).
- Adjustment of Status (I-485) or Consular Processing:
- Within the U.S.: 6-24 months
- Outside the U.S.: 6-18 months (varies by embassy)
Check the current Visa Bulletin for priority dates
Labor Certification Requirement
To apply for an EB-3 visa, employers must first obtain a labor certification from the U.S. Department of Labor (DOL). This process ensures that no qualified U.S. workers are available for the position and that hiring a foreign worker will not negatively affect U.S. wages or working conditions.
How to Get Labor Certification?
- Employers must file Form ETA-9089, Application for Permanent Employment Certification.
- As of June 1, 2023, applications must be submitted through the DOL’s Foreign Labor Application Gateway (FLAG) system.
- Some occupations under Schedule A do not require individual labor certification because the DOL has determined there are not enough U.S. workers available. These include:
- Professional nurses and physical therapists (Group I)
- Individuals with exceptional ability in sciences, arts, and performing arts (Group II)
📌 For more details: DOL Foreign Labor Certification
Learn more about the PERM process at the Department of Labor
Application Process for EB-3 Visa
Step 1: Employer Job Posting & Labor Certification (PERM)
The process begins with obtaining a PERM Labor Certification from the U.S. Department of Labor (DOL). This step ensures that hiring a foreign worker will not negatively impact U.S. workers.
The employer must:
- Request a prevailing wage determination from the U.S. Department of Labor.
- Advertise the job in newspapers and job portals.
- Interview U.S. applicants and justify why they were not selected.
- File the Labor Certification Application (LCA) (ETA-9089) with the Department of Labor (If applying under Schedule A, a pre-certified labor certification is submitted)
Key Steps in the PERM Process:
- Define the Job Requirements
- The employer determines the duties, location, and minimum qualifications.
- Obtain a Prevailing Wage Determination (PWD)
- The employer submits a request to the DOL to determine the appropriate wage.
- The DOL sets the minimum salary that must be paid to the foreign worker.
- Recruitment Process
- The employer must actively recruit U.S. workers by:
- Posting job advertisements in newspapers, job boards, and state workforce agencies.
- Interviewing any U.S. applicants who qualify.
- The employer must actively recruit U.S. workers by:
- Filing Form 9089
- If no qualified U.S. applicants are found, the employer submits Form 9089 to the DOL.
- The DOL may take several months to process the application.
✅ Possible Outcomes:
- Approval: The employer moves on to the next step.
- Denial: The employer can appeal or restart the process.
- Audit: The DOL may request additional documentation, delaying the process.
📌 Learn More: U.S. Department of Labor – PERM Overview
Step 2: Employer Files Form I-140
Once the labor certification is approved, the employer must:
- Submit Form I-140, Immigrant Petition for Alien Workers to U.S. Citizenship and Immigration Services (USCIS).
- The employer must prove its financial ability to pay the offered wage.
- The worker must demonstrate they meet the job qualifications.
- Waits for USCIS approval (processing takes 6-12 months, or faster with premium processing).
✅ Possible Outcomes:
- Approval: The worker moves on to the final step.
- Denial: The employer can appeal or refile with additional evidence.
- Request for Evidence (RFE): USCIS may ask for additional documentation before making a decision.
📌 Learn More: USCIS – Form I-140 Information
📌 More details: Form I-140 Instructions
Step 3: Wait for Visa Availability
- The EB-3 category is subject to annual limits and country-based visa caps.
- The Visa Bulletin, published monthly by the U.S. Department of State, provides updates on visa availability.
- If a visa is available, the applicant can proceed with either Adjustment of Status (Form I-485) (if in the U.S.) or Consular Processing (if outside the U.S.).
📌 Check the latest Visa Bulletin: U.S. Visa Bulletin
Step 4: Applying for a Green Card (Adjustment of Status or Consular Processing)
Once the I-140 petition is approved and a visa number is available, the worker can apply for a Green Card through one of two methods.
If in the U.S., file Form I-485 to adjust status. Outside the U.S.: File Form DS-260 and attend an interview at a U.S. embassy/consulate.
Adjustment of Status (If in the U.S.)
- The worker files Form I-485 with USCIS to adjust status to a permanent resident.
- This process includes:
- Biometrics appointment
- Medical examination
- Interview (if required)
- Processing times vary but may take several months to a year.
📌 Learn More: USCIS – Adjustment of Status Guide
Apply for Adjustment of Status (I-485)
Consular Processing (If Outside the U.S.)
- The worker applies for an immigrant visa at a U.S. consulate or embassy.
- The process includes:
- Visa application (Form DS-260)
- Applicants must attend a visa interview at the U.S. consulate or embassy as part of the consular processing.
- Interview at the U.S. consulate
- Medical exam and background checks
- If approved, the worker enters the U.S. as a lawful permanent resident.
Required Documents for the EB3 Visa
The following documents must be submitted for an EB3 visa application:
- Valid passport (valid for at least six months beyond intended U.S. stay)
- Job offer letter from the U.S. employer
- Approved labor certification (PERM)
- Approved I-140 petition
- Sponsorship letter from the employer
- DS-261 confirmation page (online visa form)
- Medical examination and vaccination records
- Two passport-sized photos (meeting US Visa Photo Requirements)
- Academic transcripts (diplomas, degrees, and certificates)
- Resume/CV
- Police clearance certificate
Additional documents as requested by the National Visa Center (NVC
📌 Learn More: Department of State: Employment Based Immigrant Visas
Processing Time for EB-3 Visa
Processing times vary based on the applicant’s country of origin and USCIS workload. On average:
- Labor Certification: 12-24 months
- I-140 Petition: 6 months (can be expedited with Premium Processing)
- Visa Availability: Varies (check Visa Bulletin) (could be years, if from countries that are backlogged like India)
- Green Card Application: 6-24 months
Step 5: Green Card Approval
Once USCIS approves your final application, you will receive your green card and can live and work permanently in the U.S.
Important Considerations
Processing Time & Numerical Limits
- Processing time varies based on visa category, country, and demand.
- Some categories have waiting times spanning several years.
- Check the latest Visa Bulletin here.
Visa Bulletin & Priority Date
- The Visa Bulletin determines when applicants can proceed with their green card application.
- Priority dates can retrogress, leading to delays.
Check the Visa Bulletin for updates
What Happens If You Lose Your Job AFTER Approval of Green Card?
Unlike non-immigrant work visas (H-1B, L-1), an EB-3 Green Card is not tied to a single employer. If you lose your job after obtaining the Green Card, you can stay in the U.S. and find another employer.
Changing Employers BEFORE EB-3 Green Card Approved
Under AC21 (American Competitiveness in the Twenty-First Century Act), you may switch jobs after 180 days if:
- Your I-485 is pending for at least six months, AND
- The new job is similar to the sponsored position
Family Benefits Under EB-3 Visa
- Spouses and children (under 21 years old) of EB-3 visa holders can apply for green cards.
- Spouses may qualify for Employment Authorization (EAD) while waiting for green card approval.
Visa Ineligibility & Misrepresentation
Certain conditions may disqualify an applicant from receiving a visa:
- Criminal offenses (e.g., drug trafficking, fraud).
- Overstaying a previous U.S. visa.
- Providing false information on an application.
After Receiving Your Immigrant Visa
Entering the U.S.: Port of Entry
- U.S. Customs and Border Protection (CBP) officers determine final entry.
- Your passport will be stamped, indicating your permanent resident status.
Receiving Your Green Card
- Pay the USCIS Immigrant Fee before travel (Pay here).
- Your Permanent Resident Card (Green Card) will be mailed after entry.
Applying for a Social Security Number (SSN)
- If you opted in on your DS-260 form, your SSN card will be mailed automatically.
- Otherwise, apply through the Social Security Administration.
Processing Time & Costs
|
Step |
Estimated Time |
Fees (as of 2025) |
| PERM Labor Certification | 12-24 months | Employer Pays |
| I-140 Petition | 6-12 months (Premium: 45 days) | $715 (Premium: plus $2,805) |
| Adjustment Application: I-485 or
Immigrant Visa DS-260): |
6-24 months
6-12 months |
$1440 plus medical
$345 (Visa) + $220 (Immigrant Fee) plus medical |
Need Help with Your EB-3 Visa Application?
Applying for a U.S. work visa can be complex. Our team of experienced immigration attorneys can help you with:
✅ Choosing the best visa option for your skills.
✅ Navigating the PERM process.
✅ Completing and submitting all required forms.
✅ Preparing for your Green Card interview.
How an Experienced Immigration Attorney Can Help
Navigating the EB-3 process can be complex and time-consuming. An experienced immigration attorney can:
✔ Ensure proper job classification and wage determination.
✔ Help employers meet all recruitment and legal requirements.
✔ Prepare and file all necessary documentation accurately.
✔ Handle Requests for Evidence (RFEs) and audits.
✔ Guide applicants through the interview and Green Card issuance process.
FAQS for EB-3
1. What is the EB-3 Green Card?
The EB-3 (Employment-Based Third Preference) Green Card is a U.S. permanent residency visa for skilled workers, professionals, and unskilled (other) workers who have a valid job offer from a U.S. employer.
2. What are the eligibility requirements for the EB-3 Green Card?
The EB-3 category is divided into three subcategories:
- Skilled Workers: Requires at least two years of job experience or training.
- Professionals: Requires a U.S. bachelor’s degree (or foreign equivalent).
- Other Workers (Unskilled Workers): Requires less than two years of training or experience.
3. How long does the EB-3 Green Card process take?
Processing times vary, but the process generally takes 1-3 years or more, depending on factors such as country of birth, employer processing time, and PERM labor certification backlogs.
4. Can I self-petition for an EB-3 Green Card?
No, EB-3 requires an employer to sponsor you. You cannot apply on your own.
5. What is the difference between EB-3 and EB-2?
- EB-3: Requires a lower level of qualifications (bachelor’s degree, skilled work, or unskilled work).
- EB-2: Requires an advanced degree (master’s or higher) or exceptional ability in the sciences, arts, or business.
EB-3 Process and Timeline
6. What are the steps involved in the EB-3 process?
- PERM Labor Certification (6-12 months)
- I-140 Immigrant Petition (Premium Processing: 15 days; Regular Processing: 6-12 months)
- Waiting for Priority Date (Visa Bulletin) – Time varies based on country of birth.
- Adjustment of Status (Form I-485) or Consular Processing (8-14 months)
- Green Card Approval and Permanent Residency
7. How do I check the EB-3 priority date?
The priority date is based on when the PERM Labor Certification is filed and can be tracked via the Visa Bulletin published monthly by the U.S. Department of State.
8. Can I expedite my EB-3 case?
- PERM Labor Certification cannot be expedited.
- I-140 Petition can be expedited using Premium Processing (15-day processing).
- Adjustment of Status (I-485) does not have premium processing but can sometimes be expedited under humanitarian grounds.
Employer Sponsorship and Job Requirements
9. What is PERM Labor Certification, and why is it required?
PERM is a process that ensures no qualified U.S. workers are available for the job before an employer can sponsor a foreign worker.
10. Can I change employers while my EB-3 is pending?
- If you change employers before the I-140 is approved, the process must restart with the new employer.
- If your I-140 is approved and 180 days have passed, you may change employers under AC21 portability rules (if the new job is in a similar occupation).
11. What happens if my employer withdraws the I-140 petition?
- If withdrawn before 180 days, your EB-3 process ends.
- If withdrawn after 180 days, you can retain your priority date and port it to a new employer.
12. Can my employer withdraw my green card after it is approved?
No, once your green card is issued, your employer cannot withdraw sponsorship.
Visa Bulletin and Retrogression Issues
13. Why is my priority date not current?
The Visa Bulletin controls green card availability, and backlogs exist for high-demand countries like India, China, Mexico, and the Philippines.
14. What is retrogression, and how does it affect my EB-3 case?
Retrogression means that visa availability for your category moves backward, delaying final processing.
15. Can I move to EB-2 from EB-3 if my priority date is stuck?
Yes, if eligible, your employer can file a new PERM and I-140 in the EB-2 category, and you can port your priority date.
Work and Travel During EB-3 Processing
16. Can I work while waiting for my EB-3 green card?
- If you are outside the U.S., you must wait for the green card approval.
- If in the U.S. on a work visa (H-1B, L-1, etc.), you can continue working.
- If you file Adjustment of Status (I-485), you can apply for Employment Authorization (EAD).
17. Can I travel while my EB-3 is pending?
- If applying through Adjustment of Status (I-485), you need Advance Parole to travel.
- If applying via Consular Processing, you must wait for your immigrant visa approval.
Dependents and Family Sponsorship
18. Can my spouse and children get green cards through my EB-3?
Yes, spouses and unmarried children under 21 can apply for derivative green cards under the same EB-3 petition.
19. Can my spouse work while waiting for my EB-3 approval?
If in the U.S. and applying through Adjustment of Status, your spouse can apply for an EAD work permit.
20. What happens if my child turns 21 during the EB-3 process?
Your child may age out unless protected under the Child Status Protection Act (CSPA), which helps freeze their age in some cases.
Denials and RFEs
21. What happens if my EB-3 petition is denied?
- You can appeal or file a new application with corrected issues.
- If denied due to employer financial ability, the employer may need to show better financial records.
- If denied due to job requirements, re-advertisement may be necessary.
22. What are the most common reasons for an EB-3 RFE (Request for Evidence)?
- Employer’s ability to pay the salary
- Qualification mismatches
- PERM job description inconsistencies
- Missing documents in the I-140 or I-485 applications
Other Unique Scenarios
23. Can an EB-3 green card holder apply for citizenship?
Yes, after 5 years of holding a green card, you can apply for U.S. naturalization.
24. Can I switch from EB-3 to another visa category?
Yes, you can switch to H-1B, L-1, EB-2, EB-1, etc., if you qualify.
25. Is there a minimum salary requirement for an EB-3 job?
Yes, the wage must meet or exceed the Prevailing Wage Determination (PWD) set by the U.S. Department of Labor.
26. Can I sponsor myself for an EB-3 visa if I own a business?
No, EB-3 requires an employer-employee relationship, and you cannot self-petition.
Can I apply for an EB-3 visa without an employer?
No, the EB-3 visa requires an employer sponsorship. Unlike some other employment-based visas (like EB-1 or EB-2 NIW), you cannot self-petition.
Can I change employers during the EB-3 process?
You must remain with the sponsoring employer until at least 180 days after receiving your green card.
What if my I-140 petition is denied?
If denied, you may:
- File a Motion to Reopen or Motion to Reconsider.
- Appeal to the Administrative Appeals Office (AAO).
- Have your employer reapply with additional evidence.
What are the alternatives to the EB-3 visa?
- EB-2 Visa (for advanced degree professionals or exceptional ability workers).
- EB-1 Visa (for priority workers, including executives and individuals with extraordinary abilities).
- H-1B Visa (temporary work visa for specialty occupations).
Can my family join me on an EB-3 visa?
Yes. Your spouse and unmarried children under 21 are eligible for dependent visas (E-34, E-35, or E-36). Spouses can apply for work permits.
Can I apply for premium processing?
Yes. Form I-140 has a premium processing option ($2,805 fee), reducing processing to 45 days.
Can I travel while my EB-3 application is pending?
Yes, but applicants with pending I-485 must apply for Advance Parole to re-enter the U.S.
What is the difference between EB-2 and EB-3 visas?
- EB-2 Visa: Requires an advanced degree or exceptional ability.
- EB-3 Visa: Has lower education and experience requirements.
Can I Work While Waiting for My Green Card?
Yes, if you file for Adjustment of Status, you may receive an Employment Authorization Document (EAD) within 6 months.
How Can I Speed Up My EB3 Processing?
- Premium processing (I-140 only) reduces processing to 45 days.
- Concurrent filing of I-140 and I-485 (if priority date is current).
- Monitor visa bulletins to stay updated on wait times.
What Happens If My EB3 Petition Is Denied?
- You can file an appeal with USCIS.
- Your employer may submit a new application correcting any deficiencies.
- If the employer goes out of business, you may need to restart the process.
Conclusion
The EB-3 Green Card offers a valuable path to U.S. permanent residency for skilled and unskilled workers. While the process involves multiple steps, careful planning and professional assistance can significantly improve success rates. If you’re considering applying, ensure you
Additional Resources
- USCIS EB-3 Overview
- DOL FLAG System
- Visa Bulletin
- Department of Labor PERM
- EB-3 Visa: For professionals, skilled and unskilled workers
- EB5 Visa: For investors who invest $500K to $1M in the U.S. economy
- USCIS Contact Information – Find the right office for your questions
