EB-3 Green Card FAQ - Employment-Based Third Preference
We help skilled workers, professionals, and other qualified employees secure U.S. permanent residency through the EB‑3 program — guiding you from labor certification to green card approval with strategies that meet USCIS requirements and align with your career goals.
What is the EB-3 green card?
The EB-3 (Employment-Based Third Preference) green card is for foreign nationals seeking U.S. permanent residency through employment in one of three categories:
- Skilled Workers (at least 2 years of job experience or training)
- Professionals (with a U.S. bachelor’s degree or foreign equivalent)
- Other Workers (unskilled labor requiring less than 2 years of experience)
Who can sponsor an EB-3 applicant?
A U.S. employer must sponsor the applicant. Individuals cannot self-petition for an EB-3 visa. The employer must offer a permanent, full-time job and obtain required labor approvals.
What is the process for obtaining an EB-3 green card?
The EB-3 process typically includes:
- PERM Labor Certification from the Department of Labor (DOL)
- I-140 Immigrant Petition for Alien Worker filed by the employer with USCIS
- Adjustment of Status (I-485) if already in the U.S., or Consular Processing if abroad
What is PERM Labor Certification?
PERM is the first step in most EB-3 cases. It requires the employer to:
- Prove that no qualified U.S. workers are available for the job
- Conduct recruitment following strict DOL guidelines
- Pay the prevailing wage for the position
What is the difference between Skilled, Professional, and Other Workers?
Category
Skilled
Professional
Other Workers
Requirements
At least 2 years of training or experience
U.S. bachelor’s degree (or equivalent)
Less than 2 years of experience; unskilled
Note: “Other Workers” often face longer wait times due to high demand and per-country limits.
How long does it take to get an EB-3 green card?
The total time depends on your country of chargeability, USCIS and DOL processing times, and — most importantly — when your priority date becomes current on the U.S. Department of State Visa Bulletin.
- Visa Bulletin & Category
EB-3 has two sub-categories:
EB-3 Skilled Workers / Professionals
EB-3 Other Workers (unskilled, less than 2 years’ experience)
These categories often have different cut-off dates on the Visa Bulletin. Applicants from India, China, and the Philippines typically face longer backlogs.
- Step-by-Step Timeline (Current Averages)
-
PERM Labor Certification: ~18 months
Filed with the U.S. Department of Labor; establishes your priority date. -
Form I-140 Immigrant Petition: ~12 months
Can be expedited to 15 business days with premium processing (does not speed up other stages). -
Wait for Visa Number: Varies by country & category
Determined by the Visa Bulletin; can be immediate for some, years for others. -
Final Step:
-
Adjustment of Status (I-485): 6–12 months
-
Consular Processing: ~12 months
(Only begins once your priority date is current.)
-
- Total Current Wait
- Most countries: ~4–5 years from PERM start to green card issuance
- Backlogged countries: Significantly longer, depending on Visa Bulletin movement
Can family members be included?
Yes. EB-3 applicants may include their:
- Spouse, and
- Unmarried children under 21
Spouses are eligible for EAD work permits and travel cards when applying through adjustment of status.
Can I switch employers during the EB-3 process?
Generally no, not before the green card is approved, unless:
- The I-485 has been pending for 180 days or more, and
- The new job is in the same or similar occupational classification
This portability provision is allowed under AC21 for I-485 applications.
What is the EB-3 priority date?
Your priority date is the date the PERM application was filed. This date determines your place in line for a green card based on the Visa Bulletin.
Can I apply for EB-3 while on a nonimmigrant visa (like F-1 or H-1B)?
Yes. Many applicants transition from F‑1 (student), OPT, or H‑1B status. You can file for adjustment of status (Form I‑485) while remaining in the U.S. once your priority date is current.
For many clients, we also file a nonimmigrant work visa in parallel with their green card process. This provides an immediate pathway to live and work in the U.S. while they wait for their long‑term solution — permanent residency.
Can I travel while my EB-3 application is pending?
Travel rules vary depending on the stage of your EB-3 process:
- PERM stage: You can generally travel without affecting your application.
- I-140 stage: Travel is currently under increased scrutiny by the administration, and any travel arrangements should be reviewed with your attorney before departing.
Adjustment of status (I-485) stage: You can travel only if you have Advance Parole (Form I-131) approved or are maintaining valid H-1B or L-1 status. Traveling without permission can abandon your adjustment of status application.
What is the cost of an EB-3 green card application?
Approximate U.S. government filing fees (employer + applicant) are as follows:
- PERM process: $0 filing fee (recruitment expenses may apply)
- I-140: $700
- I-485 (adjustment): $1,140 + $85 biometrics (per person)
- Premium Processing (optional): $2,805 for I-140
- Consular Processing (DS-260): $345
Note: These are government filing fees only and do not include legal fees. Legal fees are determined based on consultation with an immigration attorney and may vary depending on the case.
Can an EB-3 green card be denied?
The process for obtaining an EB-1 visa involves several steps:
- Incomplete or inaccurate applications
- Inability of employer to pay the offered wage
- Fraud or misrepresentation
- Inadmissibility (e.g., criminal history, immigration violations)
Is there a difference in processing time between Skilled Workers and Other Workers?
Yes. Other Workers (unskilled) typically have longer backlogs due to limited visa allocation under the “Other Workers” subcategory.
Can I upgrade from EB-3 to EB-2 if I get a more qualified job?
Possibly. You must:
- Have a new job offer meeting EB-2 qualifications (typically requiring an advanced degree or exceptional ability)
- Have the employer file a new PERM and new I-140
Your EB-3 priority date may be retained for the EB-2 petition.
Get Expert Help from Versfeld & Hugo LLC Today
Passion Is What Drives Us
At Versfeld & Hugo LLC, our experienced immigration attorneys are dedicated to guiding clients through the complexities of U.S.
