EB-3 Skilled Workers and Professionals
Employment-Based Green Card for Bachelor's Degree Professionals and Skilled Workers
Overview
The EB-3 employment-based immigration category is for skilled workers, professionals, and other workers seeking permanent residence through employment. EB-3 is the third preference category for employment-based green cards, designed for workers who do not qualify for the higher EB-1 or EB-2 categories. All EB-3 cases require PERM labor certification to demonstrate that no qualified U.S. workers are available for the position.
EB-3 Category Overview
Annual Allocation
- Total EB-3 Visas: 40,040 annually (28.6% of employment-based total)
- Other Workers Allocation: 5,000 visas reserved for "other workers" (unskilled)
- Skilled/Professional Workers: 35,040 visas for skilled workers and professionals
- Per-Country Limit: 7% maximum per country (approximately 2,803 for any single country)
- Spillover Benefits: Receives unused EB-1 and EB-2 visas
Three EB-3 Subcategories
| Subcategory | Requirements | Annual Limit |
|---|---|---|
| Skilled Workers | 2+ years training or experience | 35,040 |
| Professionals | Bachelor's degree required | 35,040 |
| Other Workers | Less than 2 years experience | 5,000 |
EB-3 Professional Workers
Educational Requirements
- U.S. Bachelor's Degree: Bachelor's degree from accredited U.S. institution
- Foreign Degree Equivalent: Foreign degree equivalent to U.S. bachelor's degree
- Credential Evaluation Required: Foreign degrees must be evaluated by recognized service
- Field Relevance: Degree must be in field related to job position
Job Requirements
- Professional Position: Job must require bachelor's degree as minimum
- Permanent Employment: Must be for permanent, full-time position
- Industry Standard: Degree requirement must be normal for industry
- Business Necessity: Employer must justify degree requirement
Common EB-3 Professional Occupations
Typical EB-3 Professional Positions
- Technology: Software developers, systems analysts, IT specialists
- Business: Financial analysts, marketing specialists, project coordinators
- Engineering: Entry-level engineers, engineering technicians
- Healthcare: Registered nurses, medical technologists, therapists
- Education: Elementary/secondary teachers, instructional coordinators
- Science: Laboratory technicians, research associates, quality analysts
EB-3 Skilled Workers
Experience Requirements
- Minimum Experience: At least 2 years training, education, or experience
- Relevant Experience: Experience must be relevant to job being offered
- Full-Time Equivalent: Part-time experience calculated on pro-rata basis
- Progressive Experience: Must show skill development and progression
Training and Education Alternatives
- Vocational Training: Formal vocational or technical training programs
- Apprenticeships: Completed apprenticeship programs in skilled trades
- Certification Programs: Professional certifications relevant to position
- Community College: Associate degrees or certificate programs
Common EB-3 Skilled Worker Occupations
Typical EB-3 Skilled Positions
- Manufacturing: Skilled machinists, tool and die makers, welders
- Construction: Electricians, plumbers, HVAC technicians, carpenters
- Automotive: Automotive technicians, mechanics, service advisors
- Hospitality: Executive chefs, sous chefs, restaurant managers
- Healthcare: Medical assistants, dental hygienists, physical therapy assistants
- Technology: Network technicians, computer repair specialists
EB-3 Other Workers
Category Limitations
Significant Limitations
- Annual Cap: Only 5,000 visas available annually
- Extreme Backlogs: Priority dates severely backlogged for all countries
- Long Wait Times: Can expect 10+ year waits even for non-oversubscribed countries
- Limited Opportunities: Very few cases processed due to low allocation
Qualification Requirements
- Less Than 2 Years: Position requires less than 2 years training or experience
- Unskilled Work: Positions that can be learned through brief on-the-job training
- No Degree Required: Position does not require college degree
- Permanent Position: Must still be for permanent, full-time employment
Common Other Worker Occupations
- Service Industry: Housekeepers, janitors, food service workers
- Retail: Sales associates, cashiers, stock clerks
- Manufacturing: Assembly line workers, packers, machine operators
- Agriculture: Farm workers, greenhouse workers, livestock attendants
- Transportation: Delivery drivers, warehouse workers, material handlers
PERM Labor Certification for EB-3
Mandatory PERM Process
All EB-3 categories require approved PERM labor certification:
- DOL Certification: Department of Labor must certify no available U.S. workers
- Recruitment Requirements: Employer must conduct good faith recruitment
- Prevailing Wage: Must offer at least prevailing wage for position
- Business Necessity: All job requirements must be justified
EB-3 PERM Timeline
Current Processing Timeline (2025)
- Prevailing Wage Determination: 6-8 months
- Recruitment Process: 2-3 months minimum
- PERM Application Processing: 16+ months
- Total PERM Timeline: 24-30 months before I-140 filing
- I-140 Processing: 6-12 months (premium processing available)
EB-3 Recruitment Requirements
- State Workforce Agency: 30-day job order posting
- Newspaper Advertisements: 2 Sunday ads in general circulation newspaper
- Notice of Filing: 10 consecutive business days at worksite
- Professional Positions: Additional 3 recruitment steps required
- 30-Day Quiet Period: Required before filing PERM application
Priority Dates and Processing Times
Current EB-3 Priority Date Status
Country-Specific Situations (2025)
- India EB-3: Sometimes moves faster than India EB-2 due to spillover
- China EB-3: Moderate backlog, similar to other countries
- Philippines EB-3: Significant backlog due to high demand
- Mexico EB-3: Generally current or short wait
- Rest of World: Generally current or minimal wait
- Other Workers: Severely backlogged for all countries
EB-2 to EB-3 Strategy
Strategic Considerations for Indian Nationals
Some EB-2 India beneficiaries strategically downgrade to EB-3:
- Faster Movement: EB-3 India sometimes progresses faster due to spillover
- Retain Priority Date: Keep original PERM filing date
- New I-140 Required: File separate EB-3 petition
- Job Qualification: Position must qualify for EB-3 (bachelor's degree acceptable)
- Monitor Bulletin: Watch visa bulletin for optimal timing
Visa Bulletin Considerations
- Final Action Dates: When green card can actually be issued
- Filing Dates: When I-485 can be filed (if dates available)
- Spillover Effects: EB-3 benefits from unused EB-1 and EB-2 numbers
- Retrogression Risk: Dates may move backward during high demand periods
Form I-140 Petition Process
Filing Requirements
- Approved PERM: Certified labor certification from DOL
- Form I-140: Immigrant petition for alien worker
- Filing Deadline: Within 180 days of PERM approval
- Filing Fee: $715 + Asylum Program Fee: $1,315 (large employers), $1,015 (small employers), $715 (nonprofits) - as of 2025
- Premium Processing: $2,805 for 15-day processing (optional)
Required Documentation
- Educational Credentials:
- Degree certificates and official transcripts
- Foreign credential evaluations if applicable
- Professional certifications or licenses
- Experience Documentation:
- Letters from previous employers
- Job descriptions and dates of employment
- Evidence of skill progression and training
- Employer Evidence:
- Business registration documents
- Tax returns demonstrating ability to pay
- Financial statements and payroll records
Ability to Pay Requirement
Employer Financial Capacity
Employer must demonstrate ability to pay offered wage from PERM priority date:
- Tax Returns: Corporate tax returns showing net income or wages paid
- Audited Financials: CPA-audited financial statements acceptable
- Net Current Assets: If net income insufficient, show net current assets
- Ongoing Requirement: Must maintain ability to pay through I-140 adjudication
Common EB-3 Challenges
Qualification Issues
- Degree Equivalency: Foreign degrees may not equate to U.S. bachelor's degree
- Experience Documentation: Difficulty obtaining detailed employment letters
- Job Requirements: Balancing realistic requirements with business necessity
- Overqualification: Cannot reject U.S. workers solely for being overqualified
PERM Recruitment Challenges
- Qualified Applicants: Must have lawful reasons for not hiring qualified U.S. workers
- Good Faith Recruitment: Must conduct genuine recruitment efforts
- Documentation Requirements: Maintaining detailed records of recruitment activities
- Audit Risk: 25-30% of PERM applications undergo DOL audit
Priority Date Backlogs
- Country-Specific Delays: Some countries face longer waits than others
- Other Workers Category: Extremely limited visa availability
- Family Planning: Consider Child Status Protection Act implications
- Job Mobility: Limited portability until I-485 pending 180+ days
EB-3 vs. Other Employment Categories
EB-3 vs. EB-2 Comparison
| Factor | EB-3 | EB-2 |
|---|---|---|
| Education | Bachelor's degree or 2+ years experience | Master's or bachelor's + 5 years |
| PERM Required | Yes, always | Yes, unless NIW |
| Priority Movement | Benefits from spillover | Higher preference, more allocation |
| Job Flexibility | Broader range of positions | Limited to advanced degree positions |
When to Choose EB-3
- Educational Limitations: Only have bachelor's degree without 5+ years experience
- Job Requirements: Position only requires bachelor's degree
- Priority Date Strategy: EB-3 may move faster for certain countries (India)
- Employer Preference: Employer prefers to sponsor at EB-3 level
Alternative Pathways
- EB-2 NIW: Consider if work has national importance (no employer needed)
- EB-1A: If have extraordinary ability in field
- Family-Based: If have qualifying U.S. citizen or permanent resident relatives
- Diversity Visa: If from eligible country and meet requirements
Adjustment of Status Process
Form I-485 Filing
When priority date becomes current:
- Priority Date Current: Must wait until priority date is current per visa bulletin
- Filing Fee: $1,440 for ages 14-78 (includes biometrics)
- Medical Exam: Required from USCIS-approved civil surgeon
- Supporting Documents: Birth certificate, passport, I-94, photos
- Background Checks: FBI name check and security screening
AC21 Portability
Job Portability Benefits
After I-485 pending for 180+ days, can change employers:
- Same or Similar Job: New position must be same or similar occupation
- Comparable Wage: Salary should be comparable to original job offer
- No USCIS Filing: No need to file anything with USCIS for job change
- Evidence Preparation: Keep documentation ready in case of RFE
Family Members
- Derivative Beneficiaries: Spouse and unmarried children under 21
- Same Priority Date: Family uses principal applicant's priority date
- CSPA Protection: Children may be protected from aging out
- Work Authorization: Spouse eligible for EAD, children cannot work
Resources and Support
Official Resources
Professional Support
- Immigration Attorneys: Essential for PERM process and complex cases
- Credential Evaluation Services: For foreign degree equivalency determinations
- Employment Lawyers: PERM compliance and recruitment guidance
- HR Professionals: Assistance with job requirement development and recruitment
Important Note
This guide provides general information about EB-3 employment-based green cards. Immigration laws and USCIS policies change frequently, and individual circumstances vary significantly. Priority dates, processing times, and visa availability are subject to change based on demand and annual allocations. Always verify current requirements and consult with a qualified immigration attorney for specific case strategy and guidance.