The EB-3 visa is an employment-based green card for foreign workers sponsored by a U.S. employer, and it covers three groups: skilled workers, professionals, and other (unskilled) workers. Getting one takes three stages in order: a labor market test through the Department of Labor’s PERM process, an I-140 petition filed by the employer with USCIS, and a final application for permanent residence filed either inside the U.S. (adjustment of status) or at a consulate abroad. The category receives roughly 28.6% of all employment-based immigrant visas each fiscal year, and total wait times run from about two years to more than twelve depending on your country of birth.
Which EB-3 Subcategory Fits Your Job
The subcategory is determined by what the job requires, not by what you personally happen to have studied or done. Picking the wrong one at the start can add years to the process, so the employer’s job description does real work here.
- Skilled workers. The position requires at least two years of training or work experience, and the work must not be temporary or seasonal. Relevant post-secondary education can count toward the two-year threshold, so a one-year certificate plus one year of hands-on experience may qualify.
- Professionals. The position must require at least a U.S. bachelor’s degree or its foreign equivalent as the standard entry requirement for the occupation. Holding a degree is not enough on its own; the job itself must be one that normally demands a four-year degree across the industry.
- Other workers. Jobs needing less than two years of training or experience fall here. Federal law caps other-worker visas at 10,000 per fiscal year, and a separate provision under the Nicaraguan Adjustment and Central American Relief Act effectively reduces that to roughly 5,000. Skilled workers and professionals share the remaining EB-3 numbers, which makes their waits meaningfully shorter in most years.
What the Employer Must Offer and Prove
The employer runs the EB-3 process. The government’s concern at every step is whether the job is real, the employer can actually pay the wage, and no qualified American was available for the role.
A Permanent, Full-Time Job at the Prevailing Wage
The offered position must be permanent and full-time with no predetermined end date. Seasonal roles, independent contractor arrangements, and temporary projects do not qualify. The employer must also offer at least the prevailing wage for that occupation in the geographic area where the job sits. The Department of Labor defines the prevailing wage as the average wage paid to similarly employed workers in that occupation and area, and offering less is grounds for denial even if the foreign worker would accept a lower salary.
Ability to Pay
The employer must prove it can pay the offered salary from the priority date through green card approval. USCIS accepts different evidence depending on company size:
- Federal tax returns are the most common proof; USCIS reviews net income or net current assets against the offered wage for each year since the priority date.
- Publicly traded companies can submit SEC Form 10-K filings or shareholder annual reports with audited financials.
- Private companies may submit financial statements audited by a certified public accountant.
- Companies with 100 or more employees can submit a statement from a financial officer in place of the above.
This is where a large share of petitions fail. If tax returns show net income below the offered salary and net current assets are also insufficient, USCIS will deny the petition regardless of how strong the rest of the case looks.
Who Pays for What
Federal law requires the employer to cover all costs associated with PERM labor certification, including attorney fees for that stage, recruitment advertising, and the prevailing wage determination request. The foreign worker is prohibited from paying any of these. After PERM, the employer and worker can negotiate who pays for later filings like the I-140 and I-485, though many employers cover everything as part of sponsorship.
Stage One: PERM Labor Certification
Before USCIS ever sees the case, the employer must prove through the Department of Labor’s PERM system that no qualified, willing, and available U.S. worker exists for the job. This is the slowest and most error-prone stage.
Prevailing Wage Determination
The employer first requests a prevailing wage determination from the DOL’s National Prevailing Wage Center. The request describes the job duties, location, and minimum requirements. The DOL assigns a wage level and responds with the minimum salary the employer must offer. Processing commonly takes several months.
Recruitment
Once the wage is set, the employer conducts a structured recruitment campaign to test whether any U.S. workers are qualified and interested. For professional occupations, the employer must complete two mandatory steps and three additional steps from a menu of alternatives. The mandatory steps are a job order with the State Workforce Agency for 30 days and advertisements in a newspaper of general circulation on two different Sundays. Additional steps can include the company website, a job search site, a job fair, or a private employment firm, among others. All mandatory recruitment must occur at least 30 but no more than 180 days before filing the PERM application.
For skilled and other-worker positions, recruitment is narrower. The SWA job order and the two Sunday newspaper ads still apply, but the three extra professional steps are not required.
Filing Form ETA-9089
After recruitment closes without a qualified U.S. applicant, the employer files Form ETA-9089 through the PERM electronic system. Accuracy matters. Small errors can trigger audits or denials, and the employer must retain all recruitment records for five years from the filing date.
Audits and the 180-Day Certification
The DOL may audit any PERM application, either for cause or at random. An audit letter gives the employer 30 days to submit documentation, including the recruitment report and all resumes received. The certifying officer may grant one extension of up to 30 additional days. Failing to respond in time counts as abandonment, with no right to appeal.
A certified PERM confirms the labor market was properly tested. Certification is valid for exactly 180 calendar days, and the employer must file the I-140 within that window or start recruitment over.
Stage Two: The I-140 Petition
With PERM certified, the employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS. The petition asks USCIS to confirm that the worker meets the job’s requirements and that the employer can pay the offered wage.
The base filing fee is $715 for paper filing or $665 online. Most employers also owe an Asylum Program Fee on top: $600 for regular employers, $300 for small employers and self-petitioners, and $0 for nonprofits. A standard-size company filing on paper pays $1,315 total.
Premium processing is optional. As of March 1, 2026, the premium processing fee for the I-140 is $2,965, and it obligates USCIS to take action within 15 business days. Action means an approval, denial, notice of intent to deny, or request for evidence, not necessarily a final decision.
The petition must include the original certified labor certification, evidence of ability to pay, and documentation of the worker’s qualifications. Foreign degrees typically need a credential evaluation from an independent evaluator showing U.S. equivalency, dates of attendance, and a profile of the foreign institution.
Stage Three: Getting the Green Card
After the I-140 is approved and a visa number is available, the worker applies for the green card itself. The route depends on where you live.
Adjustment of Status (Inside the U.S.)
Applicants already in the United States on a valid nonimmigrant status file Form I-485 to adjust to permanent resident status. The filing fee is $1,440 for applicants age 14 and older, or $950 for children under 14 filing concurrently with a parent. The application requires a completed medical examination on Form I-693, biometrics, and supporting identity documents.
While the I-485 is pending, applicants can request a combination card that acts as both an Employment Authorization Document and an advance parole travel document by filing Form I-765 and Form I-131 together. The work permit lets you work for any employer, not just the sponsor, and advance parole lets you travel abroad and return without jeopardizing the pending application. Leaving the country without advance parole while an I-485 is pending can cause the application to be denied.
The Medical Examination
The I-693 exam must be performed by a USCIS-designated civil surgeon and covers a physical examination, a review of vaccination records, and any vaccinations you are missing. Mandatory vaccinations include measles, mumps, rubella, polio, and several others on the CDC’s list. COVID-19 vaccination is no longer required as of January 2025. The completed I-693 remains valid for the duration of the pending I-485, so timing the exam close to your filing is smart but not required.
Consular Processing (Outside the U.S.)
Applicants living abroad go through consular processing. After the I-140 is approved and a visa number is available, the case transfers to the National Visa Center, which collects fees, civil documents, and the DS-260 immigrant visa application. The applicant then attends an in-person interview at a U.S. embassy or consulate. If approved, the applicant receives an immigrant visa and enters the United States as a lawful permanent resident.
The Interview
Most EB-3 applicants have an interview whether they go through adjustment or consular processing. Employment-based interviews are generally straightforward: the officer confirms details from the application, asks about your current employment, and may request supporting documents like a recent pay stub or offer letter. The biggest risk is arriving without a document the officer needs. Bring the I-485 receipt, your passport, employment verification, and records related to anything you disclosed on the application.
Priority Dates and How Long You’ll Actually Wait
Your priority date is your place in line, typically the date the PERM application was filed with the Department of Labor. Every month the Department of State publishes a Visa Bulletin with two charts:
- Final Action Dates. If your priority date is earlier than the date listed for your category and country, a visa can actually be issued. This is the chart that matters for getting the green card.
- Dates for Filing. If your priority date is earlier than this date, you may be able to submit your I-485 or consular documents early, depending on whether USCIS authorizes use of this chart that month.
Waits vary dramatically by country of birth. The March 2026 Visa Bulletin shows the gap clearly. EB-3 applicants born in most countries have Final Action Dates in late 2023, roughly a two-year wait. Applicants born in mainland China face dates in mid-2021, about five years behind. Applicants born in India face Final Action Dates at November 2013, a wait of over twelve years from filing to green card. Dates shift monthly, sometimes forward and occasionally backward when demand spikes, so checking the Bulletin every month matters if you want to file the moment you become eligible.
Family Members
Your spouse and unmarried children under 21 can receive green cards as derivative beneficiaries. Each family member gets their own individual green card. The marriage must be legally valid, and children include biological and legally adopted children who are unmarried and under 21.
Spouses who complete consular processing enter the U.S. as permanent residents and can work immediately; the immigrant visa stamp serves as temporary proof of status until the physical card arrives. Spouses adjusting status inside the U.S. can file Form I-765 for a work permit while the I-485 is pending.
Keeping Children From Aging Out
Because EB-3 waits stretch for years, a child who was under 21 when the process started may turn 21 before a visa number becomes available. The Child Status Protection Act addresses this by subtracting the number of days the I-140 petition was pending from the child’s biological age at the time a visa number becomes available. If the resulting CSPA age is still under 21, the child remains eligible. For families from India or China, this calculation can be the difference between a child qualifying and being permanently excluded from the family’s application.
Changing Jobs Under AC21
Under the American Competitiveness in the Twenty-First Century Act, you can move to a new employer without losing your green card application if three conditions are met:
- Your I-140 must already be approved, not just pending.
- Your I-485 must have been pending with USCIS for at least 180 days.
- The new job must be in the same or a similar occupational classification as the position on the original I-140.
USCIS does not simply compare job codes. Officers look at the totality of the circumstances: actual duties, required skills and education, wages, and the Standard Occupational Classification codes assigned to each position. They may also consult the Bureau of Labor Statistics’ Occupational Outlook Handbook. A software developer porting to another software developer role at a different company is straightforward. A software developer porting to a project manager role is riskier and may not qualify. Portability matters most for applicants from backlogged countries who would otherwise be locked into one employer for years.
After You Get the Green Card
No federal rule requires you to work for the sponsoring employer for a set number of years after approval. The legal standard is that you and the employer had a genuine intention to enter into a permanent employment relationship when the petition was filed. If that intent was real, leaving shortly after approval does not automatically create a problem, but leaving within days can raise fraud concerns if USCIS reviews the case later during a naturalization application.
Keep documentation of your employment after receiving the green card: pay stubs, W-2s, and any correspondence with the employer. If you eventually apply for citizenship, this paperwork helps show the original job offer was legitimate. Any misrepresentation of material facts during the EB-3 process, whether about qualifications, job duties, or the employer’s finances, can result in the green card being revoked and the applicant being found permanently inadmissible.