EB-3 green card — skilled workers, professionals and other workers
Updated:
The EB-3 is a U.S. green card through an employer. It generally requires a permanent, full-time job offer and, in most cases, a labor certification (PERM) from the U.S. Department of Labor showing that no qualified U.S. worker is available for the job. The employer then files Form I-140, and the worker applies for the green card when a visa number is available.
The three groups
- skilled workers: jobs requiring at least two years of training or experience;
- professionals: jobs that require a U.S. bachelor's degree or its foreign equivalent, held by the worker;
- other workers: jobs requiring less than two years of training or experience.
The definitions are in 8 C.F.R. § 204.5(l)(2).
The labor certification (PERM)
Before the I-140, the employer generally obtains a prevailing wage determination, recruits for the job as the regulations require, and files Form ETA-9089 with the Department of Labor. Some occupations listed on Schedule A, such as professional nurses and physical therapists, do not go through the recruitment step. The costs of preparing and filing the labor certification are the employer's to pay; the regulations do not allow the worker to pay or reimburse them (20 C.F.R. § 656.12(b)).
How the process generally works
- The employer obtains the labor certification (where required).
- The employer files Form I-140 with the certified labor certification, evidence of the worker's qualifications (letters from past employers describing the experience, degrees), and evidence that it can pay the offered wage from the priority date onward (8 C.F.R. § 204.5(g)).
- When the priority date is current under the Visa Bulletin, the worker applies for the green card: Form I-485 in the United States or an immigrant visa abroad. Waiting times depend on the group and the country of birth.
Questions and answers
Can I file the EB-3 myself?
No. The EB-3 is filed by the U.S. employer that offers the job; the worker cannot self-petition in this category.
Who pays for the labor certification?
The employer. Under 20 C.F.R. § 656.12(b) the worker may not pay or reimburse the costs of preparing and filing the labor certification, directly or indirectly.
How long does the EB-3 take?
It depends on the labor certification, USCIS processing and, above all, the Visa Bulletin for the worker's group and country of birth, which changes every month.
Sources
- 8 C.F.R. § 204.5(l) — skilled workers, professionals and other workers (eCFR)
- 20 C.F.R. § 656.12 — improper commerce and payment (eCFR)
- U.S. Department of Labor — Permanent labor certification
- USCIS — Employment-based immigration: third preference EB-3
Related categories
- EB-2 NIWGreen card — National Interest Waiver
- EB-1CGreen card — multinational executives & managers
- L-1A / L-1BIntracompany transfer
This page is general information about U.S. immigration law, not legal advice. Requirements and procedures change, and whether a category fits depends on the facts of each case. Government filing fees are separate and are set by the agencies.