Every year, thousands of people cross oceans, borders, and timelines to build a better life — and for many, the EB-3 visa is the first real step toward that future.
The EB-3 visa is one of the most widely used pathways to permanent residency in the United States — and one of the most overlooked in public conversation. Designed for foreign nationals with job offers from U.S. employers, the EB-3 category covers a broad range of workers: skilled tradespeople, degree-holding professionals, and even laborers with limited formal training.
Demand for this visa remains strong. According to the U.S. Department of State’s FY2023 Visa Report, over 50,000 employment-based green cards were issued in the EB-3 category alone — with applicants from countries like India, China, Mexico, and the Philippines facing multi-year wait times due to high demand and per-country caps.
Applying for an EB-3 visa means understanding the system behind them. As immigration in the United States evolves, from job offers to priority dates, every step matters. This guide walks you through the key EB-3 visa requirements so you can move forward with clarity, purpose, and the right expectations.
What Is the EB-3 Visa?
The EB-3 visa is an employment-based green card for foreign nationals seeking permanent residency in the United States. It falls under the third preference category and is designed to bring in workers whose skills are needed by U.S. employers.
What sets the EB-3 visa apart is its range. It covers three distinct categories of workers, making it one of the more accessible employment-based immigration options:
- Skilled Workers: Jobs that require at least two years of training or work experience.
- Professionals: Positions that call for a U.S. bachelor’s degree or its foreign equivalent.
- Unskilled Workers (Other Workers): Roles that require less than two years of training or experience, such as entry-level or manual labor jobs.
Each path leads to a green card — but the requirements and timelines can vary depending on your classification. That’s why it’s important to understand which category you fall into before beginning the application process.
Core EB-3 Visa Requirements
To move forward with an EB-3 green card, you’ll need more than just a job offer. Each requirement plays a specific role in proving eligibility and preparing your application for review.
Here’s what to expect:
A Full-Time, Permanent Job Offer
The EB-3 visa isn’t available to freelancers, part-timers, or seasonal workers. You must have a full-time, permanent job offer from a U.S. employer who’s willing to sponsor you through the green card process. The job must be ongoing — not a short-term contract — and the employer must intend to keep you in the role once your green card is approved.
PERM Labor Certification
Before applying for the EB-3, your employer must complete a PERM Labor Certification through the U.S. Department of Labor. This involves proving that they are able and willing to pay the prevailing wage, and that attempts to hire U.S. workers first were made by running recruitment ads and documenting results.
The goal is to show that there are no qualified American workers willing and available to take the job — and that hiring you won’t hurt U.S. wage standards. It’s a time-sensitive, documentation-heavy step, and delays here can stall the entire process.
Proof of Qualifications
Your work experience, education, or training must match the job being offered. The exact requirements depend on which EB-3 category you fall under:
- Skilled workers must show at least two years of job experience or formal training.
- Professionals need a bachelor’s degree (or foreign equivalent) in a relevant field.
- Unskilled workers are applying for jobs that require less than two years of training or experience — but still need to meet the employer’s specific criteria.
Supporting documents could include school transcripts, diplomas, employment letters, training certifications, and professional licenses.
Form I-140: Immigrant Petition
After the PERM is approved, the employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS). This petition formally requests an immigrant visa for you based on your job offer.
It also locks in your priority date, which determines when you can move forward based on visa availability. USCIS will review both the employer’s financials and your qualifications at this stage.
Visa Availability and Priority Dates
EB-3 visas are limited each year and allocated by country. Once your I-140 is filed, you must wait for your priority date to become current. The State Department’s monthly Visa Bulletin shows which priority dates are eligible to move forward.
For applicants from countries with high demand — like India, China, or the Philippines — wait times can stretch for years. For others, the timeline may be much shorter. Applicants applying from within the U.S. will file an I-485, Application to Register Permanent Residence or Adjust Status – while applicants living abroad will file a DS-260, Immigrant Visa Electronic Application.
Additional EB-3 Requirements for Employers
Sponsoring a worker for an EB-3 visa comes with serious obligations. The goal is to prove that hiring a foreign national is necessary, fair, and sustainable. Employers need to be prepared to meet federal requirements at multiple stages of the process.
Prove Inability to Find Qualified U.S. Workers
Before an employer can sponsor a foreign worker, they must show that no qualified U.S. worker is available to fill the position. This happens during the PERM Labor Certification stage.
The employer is required to advertise the job through specific channels — including Sunday newspaper ads and postings with the state workforce agency — and must document all responses. If a qualified U.S. applicant applies, the process must be paused or re-evaluated.
Pay the Prevailing Wage
Employers must pay the prevailing wage for the job being offered. This is a wage rate set by the Department of Labor based on job duties, location, and experience required.
It means foreign workers aren’t underpaid, and that wages remain competitive for U.S. workers. Employers request this determination before filing the PERM and must agree to pay that wage once the green card is granted.
Demonstrate Financial Ability to Pay
To file the I-140 petition, employers must show they can actually afford to pay the wage they’re offering.
This usually means submitting recent tax returns, annual reports, or audited financial statements. USCIS will review the employer’s finances to confirm that the job offer is realistic and not just a placeholder.
Maintain Compliance Throughout the Process
Employers are responsible for staying compliant through every stage — from recruitment through visa issuance. That includes keeping records of recruitment efforts, responding to audits, and sticking to the terms of the job offer.
A mistake or shortcut at any point could result in delays, audits, denials, or penalties down the line.
EB-3 Application Timeline and Process
Applying for an EB-3 visa is a multi-phase process that can take months or even years, depending on your country of origin and visa availability. Understanding the timeline helps you set realistic expectations and avoid unnecessary delays.
Here’s how the process unfolds:
Step 1: Employer Files for PERM
The process begins with the PERM Labor Certification. The employer must first file Form ETA-9141 with the Department of Labor, requesting a Prevailing Wage Determination. This step must be filed before the employer can complete mandatory recruitment efforts and file ETA Form 9089, the Application for Permanent Employment Certification.
These steps alone can take anywhere from 6 to 12 months each, depending on processing times and whether an audit is triggered.
Step 2: Employer Submits Form I-140
Once the PERM is approved, the employer files Form I-140 with USCIS. This petition confirms the worker’s qualifications and the employer’s intent to hire.
Premium processing is available for this step and can cut review time down to 15 business days, but regular processing may take 6 to 9 months.
Step 3: Wait for Priority Date to Become Current
After the I-140 is filed, the case receives a priority date — the date your place in line is set. You cannot move forward until that date becomes current based on your country and visa category. This wait can be short (a few months) or long (several years), depending on demand. Applicants from India, China, and the Philippines often face the longest backlogs.
Step 4: Apply for a Green Card
When your priority date is current, you can begin the final step:
- If you’re already in the U.S. on a valid visa, you’ll file Form I-485 to adjust your status.
- If you’re outside the U.S., you’ll go through consular processing at a U.S. embassy or consulate.
Both paths require a medical exam, background check, and interview before the green card is approved.
Average Timeline:
The earlier you begin — and the more carefully your application is prepared — the better your chances of avoiding preventable delays.
- Best-case scenario (no backlog): 18-24 months
- With backlog (depending on country): 3–10+ years
Common Mistakes That Can Delay or Deny EB-3 Visas
Even small errors can set your application back months — or lead to denial altogether. The EB-3 process is detailed, documentation-heavy, and unforgiving when it comes to missteps.
Here are some of the most common mistakes applicants and employers make:
Misclassifying the Job or Worker Category
Choosing the wrong EB-3 category is a costly mistake. A skilled worker cannot apply under the professional category, and unskilled labor roles must meet strict definitions.
Misclassification can trigger denials, delays, or costly re-filings. Match the job description with the correct visa track, and back it up with clear evidence.
Incomplete or Inaccurate PERM Applications
The PERM process is heavily scrutinized. Every job ad, response log, and wage determination must follow Department of Labor guidelines.
Missing information or providing inconsistent data — even a minor typo — can lead to denials or trigger audits. Employers must keep detailed records and submit the application exactly as required.
Missing Deadlines or Losing Track of Documentation
Timing matters. There are strict deadlines between steps in the process — especially between PERM approval and I-140 filing.
Applicants must also maintain and submit consistent documentation throughout. Losing a key employment letter, transcript, or financial record could delay the case or require costly replacement steps.
Ignoring Country-Specific Backlogs
Visa wait times aren’t the same for everyone. Applicants from high-demand countries like India, China, and the Philippines often face multiyear backlogs due to limited visa availability.
Not factoring this into your planning can lead to frustration, especially if you’re on a temporary visa and nearing expiration. Priority dates should be tracked monthly to anticipate next steps.
Can Family Members Come Too?
Yes — EB-3 visa holders can bring their immediate family with them. Spouses and unmarried children under 21 are eligible to apply as derivative beneficiaries and can obtain green cards through the same petition.
Once your priority date becomes current and your green card application moves forward, your family can apply at the same time — either through adjustment of status (if already in the U.S.) or consular processing (if abroad).
What Family Members Receive:
Include family members in your application strategy from the beginning. Visa backlogs, age cutoffs, or changes in status can affect eligibility, especially for children nearing their 21st birthday.
- Spouses: Eligible for lawful permanent residency and can apply for a work permit (Employment Authorization Document or EAD) while their green card is pending.
- Children under 21: Also eligible for permanent residency and can attend school in the U.S.
Planning ahead helps avoid separation — and keeps your family’s immigration journey on track.
When to Contact an Immigration Lawyer
The EB-3 visa process might seem straightforward on paper, but real-life cases are rarely that simple. If anything feels unclear or complicated, getting legal support early can save time, money, and stress later.
Not Sure If the Role Qualifies?
Some jobs fall into gray areas. Is the position skilled or unskilled? Does the degree qualify under the “professional” category?
If there’s any doubt about how a role should be classified, a lawyer can help you avoid missteps that could derail your case.
Struggling With Documentation or PERM Requirements?
The PERM process is technical and full of opportunities for error. If you’re unsure about how to advertise the role, respond to applicants, or track paperwork, an attorney can walk you through the process and keep you compliant.
For workers, gathering proof of experience or credentials can also be tricky — especially if documents come from different countries.
Past Immigration Issues or Inadmissibility Concerns?
If you’ve had a visa overstay, prior denial, or any criminal record, you should consult with a lawyer before applying. Certain issues can trigger a denial, but in many cases, waivers or legal arguments can be used to move forward.
Don’t wait for USCIS or a consular officer to flag the problem — get ahead of it.
Employers Unsure About Sponsorship Obligations?
Sponsoring a worker isn’t just a signature and a promise. Employers must meet specific financial, legal, and procedural standards throughout the process.
If your company is new to immigration sponsorship or worried about audits, working with an experienced immigration lawyer can protect everyone involved.
Be Prepared, Be Informed
Immigrating through employment is one of the most powerful ways to build a future in the United States — but it’s also one of the most complex. The EB-3 visa offers real opportunity, but only for those who approach it with clarity, commitment, and care. This process is about getting a green card as much as it’s about building a life, supporting a family, and contributing skills where they’re needed.
The stakes are high. The path is detailed. And the right support can make all the difference.
If you’re considering an EB-3 visa — or sponsoring someone for one — 360 Immigration Law Group is here to help. Our team understands the fine print, the real-world challenges, and the urgency that comes with building something new.
Reach out today for a consultation, and let’s move forward together. Contact us now!