EB-3 Employment-Based Green Card

Professionals, Skilled Workers & Other Workers

The EB-3 category is for professionals, skilled workers, and other workers. While it requires employer sponsorship and Labor Certification (PERM), it remains a primary pathway for U.S. employers to hire foreign talent permanently.

⚠️ VISA BULLETIN ALERT: Significant Backlogs.
The “Other Workers” (Unskilled) category is subject to an annual cap of 10,000 visas, leading to extended wait times. Even for Professionals/Skilled workers, visa retrogression is common. Check the latest Visa Bulletin before filing.

The Three EB-3 Subcategories

Professionals

Requirement: A U.S. Bachelor’s degree (or foreign equivalent).

Note: Experience cannot replace the degree requirement. The job offer must normally require a bachelor’s degree.

Skilled Workers

Requirement: At least 2 years of job experience, education, or training.

Note: The job must be permanent and not seasonal. Relevant post-secondary education can count as training.

Other Workers

Requirement: Unskilled labor requiring less than 2 years of training (e.g., caregivers, factory work).

Note: Limited to 10,000 visas/year. Longest wait times apply here.

The PERM Labor Certification

Before filing for the visa, the employer must prove no qualified U.S. workers are available.

  • Step 1: Prevailing Wage (PWD): DOL determines the minimum salary based on location and role.
  • Step 2: Recruitment: Employer must place ads (Sunday newspaper, State Workforce Agency, etc.) for at least 30 days.
  • Step 3: Filing ETA 9089: If no U.S. worker is hired, the employer files the PERM application with DOL.

Exceptions & Filing

Once PERM is approved (valid for 180 days), we file the I-140 Petition.

  • Schedule A Bypass: Registered Nurses (RN) and Physical Therapists (PT) SKIP the PERM recruitment process entirely.
  • Ability to Pay: Employer must prove financial strength (Net Income/Net Assets) to pay the wage.
  • Premium Processing: Available for I-140 (15-day response).

Secure Your Talent

Wang Law PLLC guides employers through the complex PERM audit and filing process.