The EB-3 category is the employment-based immigrant visa (“green card”) for professionals, skilled workers, and “other” (unskilled) workers who have a permanent, full-time job offer from a U.S. employer. It is the workhorse of employment-based immigration. The requirements for the foreign national are less demanding than those of the EB-1 and EB-2 categories, and it reaches a far wider range of jobs, from engineers, accountants and teachers to nurses, chefs, welders, machinists, caregivers and production workers.
Unlike the EB-1A Extraordinary Ability petition or the EB-2 National Interest Waiver, a foreign national cannot file an EB-3 petition on his or her own behalf. Every EB-3 case requires a sponsoring U.S. employer, and nearly every case requires that the employer first obtain a Labor Certification (PERM) from the U.S. Department of Labor (“DOL”). Because demand for EB-3 visas regularly exceeds the number Congress makes available each year, there is usually also a wait for a visa number. Careful planning at the outset makes a substantial difference in how long the process takes.
The Three EB-3 Categories
Which category applies depends on the minimum requirements of the job being offered, not simply on the foreign national’s own background. A foreign national who holds a master’s degree, but who is offered a position that requires only two years of experience, is a “skilled worker” for EB-3 purposes.
- The position requires, at a minimum, a U.S. bachelor’s degree or a foreign equivalent degree, and a bachelor’s degree is the normal requirement for entry into the occupation. The foreign national must actually hold the degree. Unlike the H-1B category, education and experience cannot be combined to substitute for the degree.
- Skilled Workers. The position requires at least two years of training or experience. Relevant post-secondary education may be counted as training. The foreign national must meet every education, training and experience requirement stated on the labor certification.
- Other Workers. The position requires less than two years of training or experience. This is often called the “unskilled” category, and Congress limits it to no more than 10,000 visas each year. As a result, the wait for a visa number is typically longer than the wait for professionals and skilled workers.
In all three categories the job must be permanent (not temporary or seasonal) and full-time, and the foreign national must have met all of the job requirements before the labor certification application was filed. Professionals and skilled workers share the same visa line, so the distinction between those two matters mainly for how the job requirements are drafted and proved.
What the Employer Must Show
The EB-3 petition belongs to the employer. To succeed, the employer must establish the following:
- A bona fide, permanent, full-time job offer. The position must genuinely exist and must be open to U.S. workers. The green card is for a prospective position, so the foreign national does not have to be working for the employer now. Both the employer and the foreign national must, however, intend that the foreign national will take up the position once permanent residence is granted.
- A certified labor certification. With the exception of Schedule A occupations (discussed below), the employer must first test the U.S. labor market and obtain a certification from the DOL that there are no able, willing, qualified and available U.S. workers for the position, and that the employer will pay at least the prevailing wage.
- The ability to pay the offered wage. The employer must show that it has been able to pay the offered wage from the date the labor certification was filed, and that this ability continues until the foreign national becomes a permanent resident. The evidence must be in the form of copies of annual reports, federal tax returns, or audited financial statements. An employer with one hundred (100) or more workers may instead provide a statement from a financial officer. Ability to pay is a frequent source of Requests for Evidence and denials, particularly for small and newly formed businesses and for employers sponsoring several workers at once. We review this issue with the employer before the case is started, not after.
- That the foreign national qualifies. Degrees must be documented with diplomas and transcripts, and foreign degrees generally require a credentials evaluation. Experience must be documented with letters from prior employers, on letterhead, stating the job title, dates of employment and specific duties performed. Generally, experience gained with the sponsoring employer in the same position cannot be counted. Obtaining these letters is often the slowest part of preparing the case, and we ask the foreign national to begin collecting them immediately.
The EB-3 Process
An EB-3 case is a three-step process that involves the DOL, U.S. Citizenship and Immigration Services (“USCIS”) and, for those outside the United States, the Department of State.
Step 1: Labor Certification (PERM)
The employer must obtain a Prevailing Wage Determination from the DOL, conduct a formally regulated recruitment campaign, and then file the PERM application. Kuck Baxter works closely with the employer and the employee throughout, including drafting the job requirements, placing the advertisements and assisting the employer in reviewing any applicants. This step is described in detail on our Labor Certification (PERM) Process page.
Two points deserve emphasis. First, the date the PERM application is filed becomes the foreign national’s “priority date,” which is his or her place in line for a visa number. Second, by regulation the employer must pay all attorney’s fees and recruitment costs associated with the labor certification. They cannot be passed on to the employee.
Step 2: Immigrant Visa Petition (I-140)
A certified labor certification is valid for only 180 days. Immediately after certification we prepare and file the Immigrant Visa Petition with USCIS on behalf of the foreign national. The petition includes the certified labor certification, evidence that the foreign national met the job requirements as of the priority date, and evidence of the employer’s ability to pay. USCIS will act on the petition within 15 business days if premium processing is requested. Without premium processing, the petition typically takes several months.
Step 3: Application for Permanent Residence (I-485) or Consular Processing
If the foreign national is in the United States, he or she and any family members may file Applications for Permanent Residence (“green card applications”) once the priority date is current. If the priority date is already current when the I-140 is ready, the two may be filed together. Employment and travel authorization are available to the foreign national and each family member while the green card applications are pending. Once the green card application has been pending for 180 days and the I-140 has been approved, the foreign national may generally move to a new job, or a new employer, in the same or a similar occupation without starting over.
A foreign national applying in the United States must generally have been inspected and admitted and must have maintained lawful status. The law forgives up to 180 days of status violations or unauthorized employment since the last lawful admission for employment-based applicants. Those who entered without inspection generally cannot adjust status in the EB-3 category unless they are protected by Section 245(i), which requires that a petition or labor certification was filed for them on or before April 30, 2001. Please tell us about any such issue at the very start, as it can determine whether the case should be started at all.
If the foreign national is outside the United States, the approved I-140 is sent to the National Visa Center, and the foreign national and family members apply for their immigrant visas at the U.S. consulate in their country of residence.
Schedule A: Nurses and Physical Therapists
The DOL has already determined that there are not enough U.S. workers who are able, willing, qualified and available to work as professional (registered) nurses and physical therapists. These occupations are listed on “Schedule A.” For a Schedule A position the employer skips the recruitment campaign and does not file a PERM application with the DOL. Instead, the employer files the labor certification form directly with USCIS, together with the I-140. This removes the longest single step in the process.
The employer must still obtain a Prevailing Wage Determination, must post a notice of the filing at the worksite, and must show its ability to pay. In addition:
- Registered nurses must have a full and unrestricted license to practice in the state of intended employment, or have passed the NCLEX-RN examination, or hold a certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS).
- Physical therapists must have the qualifications needed to take the licensing examination in the state of intended employment, shown by a letter from the state licensing authority.
- Both must present a health care worker certificate (commonly called a “VisaScreen”) before the green card can be issued.
Most registered nurse positions do not require a bachelor’s degree, and so most Schedule A nurse cases are filed in the EB-3 category. Schedule A saves the time spent at the DOL. It does not move the foreign national ahead in the line for a visa number.
How Long Will It Take?
There are two separate waits in an EB-3 case: the time the government takes to process each step, and the time it takes for a visa number to become available.
Congress allots roughly 40,000 visas each year to the entire EB-3 category worldwide, and that number includes the spouses and children of the workers. No single country may receive more than 7% of the total. When more people qualify than there are visas, a line forms, and each person’s place in that line is his or her priority date. The Department of State publishes the cutoff dates each month in the Visa Bulletin. A foreign national may receive the green card only when his or her priority date is earlier than the “Final Action Date” for his or her country of birth. In some months USCIS also permits the green card application to be filed earlier, under the “Dates for Filing” chart.
Country of birth, not citizenship, controls. A foreign national who is married to someone born in a different country may be able to use the spouse’s country instead, which can shorten the wait by years.
EB-3 Timeline Chart
| Step | Agency | What is decided | Current timing (October 2026) |
| Prevailing Wage Determination | Department of Labor | Minimum wage the employer must offer | 3 to 4 months |
| Recruitment | Employer | Whether a qualified U.S. worker is available | 2 to 3 months |
| Labor Certification (PERM) | Department of Labor | No qualified U.S. applicants for the position | 10 to 11 months |
| Immigrant Visa Petition (I-140) | USCIS | Employee is qualified and employer is able to pay | 15 business days with premium processing; several months without |
| Visa number | Department of State | Whether the priority date has been reached | Most countries: priority dates before May 15, 2024. Philippines: August 15, 2023. China: January 8, 2022. India: January 1, 2014. |
| Visa number, Other Workers | Department of State | Whether the priority date has been reached | Most countries: priority dates before January 1, 2022. China: October 1, 2019. India: January 1, 2014. |
| Adjustment of Status or Consular Processing | USCIS or U.S. consulate | Eligible (not inadmissible) to immigrate. Medical exam, fingerprints, photographs and lots of forms! | Varies by office |
These dates move every month, and they can move backward as well as forward. The cutoff date tells you who is being reached today. It is not a promise of how long someone starting today will wait. Current dates are posted on our Priority and Processing Dates page.
The practical lesson is to start early. The priority date is not set until the PERM application is filed, and that cannot happen until the prevailing wage and recruitment steps are complete. For an employee in H-1B status, a labor certification or I-140 filed at least 365 days before the six-year limit is reached, or an approved I-140, allows the H-1B to be extended beyond six years while the employee waits.
EB-3 or EB-2?
The EB-2 category is for positions that require an advanced degree (a master’s degree or higher, or a bachelor’s degree followed by five years of progressively responsible experience) or a person of exceptional ability. An employer-sponsored EB-2 case goes through exactly the same PERM process as an EB-3 case. The difference is the line for a visa number.
The EB-2 line has historically been shorter than the EB-3 line, but that is not always so, and for some countries the two regularly trade places. The choice is made at the very beginning, when the job requirements are drafted. Those requirements must reflect the employer’s actual minimum requirements for the position. They cannot be inflated to reach EB-2, and the DOL will question requirements that exceed what is normal for the occupation. Where a position and a foreign national qualify for both categories, an I-140 may be filed in either one, or in both, on the same labor certification, and the priority date is kept. Please see our EB-2 Advanced Degree and Exceptional Ability Immigrant Visas page.
A foreign national whose own work is of national importance may also qualify to file without an employer or a labor certification. Please see our EB-2 National Interest Waiver (NIW) page.
Common Questions
- Can my family immigrate with me?
Your spouse and unmarried children under the age of 21 may immigrate with you. If they are in the United States, they may file green card applications with you and obtain employment and travel authorization while the applications are pending. Special rules may protect a child who turns 21 during the process. - What happens if I change employers before I receive my green card?
The labor certification and I-140 belong to the employer and are for a specific job, so a new employer must normally start a new case. Once your I-140 has been approved, however, you generally keep your priority date for any later petition, so you do not go to the back of the line. If your green card application has been pending for 180 days, you may not need a new case at all. - Does my employer have to keep me after I receive my green card?
No, and you are not bound to the employer forever. Both of you must, however, have a good faith intention at the time the green card is granted that you will work in the offered position. Leaving immediately can raise questions later, including at naturalization. - Can the employer withdraw the petition?
An I-140 that is withdrawn after it has been approved for 180 days generally remains valid for purposes of keeping your priority date and extending H-1B status, but it will not support a green card application without a new job offer.
SUPPORT DOCUMENTATION FOR EB-3 PETITION
CORPORATE (Prospective U.S. employer):
- Certificate and Articles of Incorporation;
- Employer’s Federal Tax Identification Number;
- Federal corporate income tax returns, annual reports and/or audited financial statements for each year beginning with the year the labor certification is filed;
- Number of current employees, and a list of any other foreign nationals the company is currently sponsoring for permanent residence;
- If the foreign national is already employed by the company, his or her Forms W-2 and recent pay statements;
- Lease or deed for business premises;
- Any available promotional pamphlets and brochures which describe the company and its various products, service, etc;
- A complete job description for the individual’s proposed position, including a list of all job duties; minimum education, training and experience requirements; title of immediate supervisor; number and title of persons supervised; work location; and annual salary and benefits information; and
- Full name and title of contact person at company who will coordinate paperwork and the full name and title of the company’s authorized signatory for documents.
INDIVIDUAL (Foreign national):
- Completed General Immigration Questionnaire and Completed Labor Certification Questionnaire;
- Photocopies of individual’s passport, visa and Form I-94, and those of his or her immediate family members who will immigrate with him or her;
- Photocopies of all Forms I-797 Notice of Action, Forms I-20 or DS-2019, and Employment Authorization Cards evidencing prior and current status in the United States;
- Individual’s resume, curriculum vitae, etc.;
- Photocopy of individual’s university or trade school diplomas and certificates, and course transcripts;
- Photocopy of individual’s professional licenses, certifications, professional society membership certificates or cards, etc.;
- Letters from each prior employer, on company letterhead, verifying the individual’s job title, dates of employment, hours worked per week and specific duties performed; and
- Marriage certificate and birth certificates for the individual and each family member.
English translations must be provided for any foreign language documents.
Obviously, this is not a quick process. But with planning and care it is a reliable one, and for most workers it is the path to permanent residence. We will do everything in our power to ease the paperwork burden on both the employer and the foreign national.
