The EB-3 is the most accessible employment-based green card category for workers who have a U.S. job offer and an employer willing to sponsor them. Unlike the EB-1, which requires extraordinary ability or multinational executive status, or the EB-2, which demands an advanced degree or exceptional ability, the EB-3 is open to workers at three different qualification levels. That breadth makes it the most commonly used employer-sponsored green card pathway in the country.
At The Lozano Law Firm, Board-Certified Immigration Attorney Alfredo Lozano helps Texas employers and workers navigate the employment-based green card process from PERM labor certification through adjustment of status. This guide explains who qualifies for EB-3, how the process works, what it costs, and how to decide between EB-3 and EB-2 when both are options.
The Three EB-3 Subcategories
The EB-3 preference category under INA §203(b)(3) is divided into three subcategories, each with different requirements.
Skilled Workers. This subcategory is for positions that require at least two years of training or work experience. The job itself must require the skill, and the worker must possess it. Examples include electricians, chefs, specialized mechanics, medical technicians, and other roles where hands-on expertise takes years to develop.
Professionals. This subcategory covers positions that require a U.S. bachelor’s degree (or its foreign equivalent) as a minimum entry requirement. The degree must be the standard requirement for the occupation, not an artificially elevated one created for immigration purposes. Examples include accountants, engineers, teachers, registered nurses, and IT professionals with a four-year degree.
Other Workers (Unskilled). This subcategory is for positions that require less than two years of training or experience. It is the broadest category but also the most backlogged. Examples include food processing workers, housekeepers, agricultural laborers, and general construction laborers. The annual visa allocation for “other workers” is capped at 10,000 per year, which creates longer wait times.
The EB-3 Process: Start to Green Card
The EB-3 process involves multiple steps with multiple government agencies. Understanding the full timeline helps both employers and workers plan realistically.
Step 1: Prevailing Wage Determination. The employer files Form ETA-9141 with the Department of Labor (DOL) to determine the prevailing wage for the position in the geographic area where the job is located. This establishes the minimum salary the employer must offer. Current processing time: 4 to 8 months.
Step 2: PERM Labor Certification (ETA-9089). The employer must prove that no qualified U.S. workers are available for the position through a structured recruitment process. This includes mandatory job postings (state workforce agency, newspaper ads, and additional recruitment steps for professional positions) followed by a 30-day recruitment period, documentation of results, and filing with DOL. The PERM process is the most time-consuming step. Current processing: 6 to 12 months after filing, plus 6 to 8 months of pre-filing recruitment.
Step 3: I-140 Immigrant Petition. After PERM certification, the employer files Form I-140 with USCIS. This petition establishes the worker’s qualifications and the employer’s ability to pay the prevailing wage. Premium processing is available ($2,805 for a 15-day response). Regular processing: 4 to 8 months.
Step 4: Wait for a Visa Number. The I-140 approval establishes a priority date (the date the PERM application was filed with DOL). When your priority date becomes current on the monthly visa bulletin, you can proceed to the final step. For most countries, EB-3 skilled workers and professionals are current or nearly current. For India and China, backlogs can add years. For “other workers,” the wait is longer regardless of country.
Step 5: Adjustment of Status or Consular Processing.
When a visa number is available, workers in the U.S. file Form I-485 to adjust status. Workers abroad go through consular processing at a U.S. embassy. Both result in permanent residence.
Total timeline: For most EB-3 cases from countries without significant backlogs, the process takes 2 to 4 years. For Indian and Chinese nationals, or for “other workers,” timelines can extend well beyond that.
EB-3 vs. EB-2: Which Should You File?
Many workers and employers qualify for both EB-3 and EB-2, and choosing the right category is a strategic decision.
EB-2 advantages. The EB-2 category (for workers with advanced degrees or exceptional ability) historically has shorter visa bulletin backlogs than EB-3 for most countries. If the worker has a master’s degree or higher, EB-2 may be the faster path.
EB-3 advantages. The EB-3 does not require an advanced degree, making it accessible to a much wider pool of workers. For positions that genuinely require only a bachelor’s degree or skilled-level experience, EB-3 is the appropriate and honest filing.
The downgrade strategy. In some years, EB-3 visa bulletin dates are actually more favorable than EB-2 for certain countries (particularly India). When this happens, workers with approved EB-2 I-140s sometimes file a second PERM and I-140 under EB-3 to take advantage of the better dates. This is a legitimate strategy, but it requires filing a completely new PERM and I-140.
Filing in the wrong category is risky. If a position genuinely requires only a bachelor’s degree and two years of experience, filing under EB-2 with inflated requirements can trigger an audit or denial. The job requirements must reflect the actual minimum needs of the position, not be crafted to fit a preferred visa category.
Your immigration attorney can analyze visa bulletin trends, your qualifications, and the job requirements to recommend the best category for your situation.
What Employers Need to Know
The EB-3 is an employer-driven process. The worker cannot self-petition; the employer must sponsor them. Here is what employers should understand:
You must pay at least the prevailing wage. The salary offered must meet or exceed the prevailing wage determination for the position and location. Offering below the prevailing wage results in a PERM denial.
The recruitment process is strict. PERM recruitment is not a formality. DOL audits PERM applications regularly, and any qualified U.S. worker who applies for the position during recruitment can derail the case. The employer must evaluate all applicants in good faith and document lawful, job-related reasons for rejecting any U.S. workers.
The employer must demonstrate ability to pay. USCIS requires evidence that the employer can pay the prevailing wage from the priority date forward. For small businesses, this often requires providing tax returns, audited financial statements, or annual reports showing sufficient net income or net current assets.
Changing employers is possible but complicated. A worker can change employers after their I-140 is approved and they have had a pending I-485 for at least 180 days (portability under INA §204(j)). The new job must be in the same or a similar occupational classification.
Common Mistakes in the EB-3 Process
Starting PERM too late. The combined prevailing wage, recruitment, and PERM filing process takes 12 to 20 months before you even file the I-140. Employers who wait until a worker’s visa is about to expire often find they cannot complete the process in time.
Inflating job requirements. Listing a master’s degree requirement for a position that only needs a bachelor’s degree invites a DOL audit. The job description must reflect the actual minimum requirements of the role.
Inadequate recruitment documentation. Every step of the PERM recruitment must be documented. Missing a required advertisement, failing to post with the state workforce agency for the required period, or not maintaining a recruitment report can result in a denial.
Not monitoring the visa bulletin. Priority dates can retrogress (move backward) without warning. Applicants and their attorneys should track the monthly visa bulletin and be ready to file I-485 as soon as dates become current.
Frequently Asked Questions
How long does the EB-3 process take?
From start (prevailing wage request) to finish (green card), the EB-3 typically takes 2 to 4 years for most countries. Indian and Chinese nationals may face additional years of visa bulletin backlogs. The “other workers” subcategory has the longest waits.
Can I self-petition under EB-3?
No. The EB-3 requires an employer sponsor. Only the EB-1A and EB-2 National Interest Waiver categories allow self-petitions without an employer.
What happens if my employer goes out of business during the process?
If the employer closes before the I-140 is approved, the case is typically denied. If the I-140 is already approved and you have had a pending I-485 for 180+ days, you may be able to port to a new employer under INA §204(j).
Can I change jobs during the EB-3 process?
After your I-140 is approved and your I-485 has been pending for at least 180 days, you can change employers if the new position is in the same or similar occupational classification. Before those milestones, changing employers generally means starting over.
What is the difference between EB-3 “skilled workers” and “other workers”?
Skilled workers fill positions requiring 2+ years of training or experience. Other workers fill positions requiring less than 2 years. The distinction matters because “other workers” face a separate, lower annual visa cap of 10,000, which creates longer backlogs.
Find Out If You Qualify
The EB-3 is the most practical green card path for many workers and their employers, but the process requires careful planning, precise documentation, and strategic timing.
Board-Certified Immigration Attorney Alfredo Lozano holds Board Certification in Immigration and Nationality Law from the Texas Board of Legal Specialization, a credential held by fewer than 5% of Texas immigration attorneys. The Lozano Law Firm helps employers and workers across San Antonio, Eagle Pass, and San Angelo navigate the EB-3 process from PERM through green card approval.
Contact us to schedule your consultation and find out which employment-based green card category is right for you.
