EB-3 Visa for Skilled Workers and Professionals

Introduction

The EB-3 visa is a pathway to a green card for qualified foreign workers sponsored by a U.S. employer. The EB-3 visa allows someone to obtain a green card based on getting sponsored by a U.S. company after going through the PERM labor certification.

What is the EB-3 Visa?

The EB-3 visa grants permanent residency (a green card) to qualified individuals.

Depending on the requirements of the offered position and whether you meet USCIS requirements, you may be eligible for an EB-3 visa if you are:

• A skilled worker;
• An unskilled worker; or
• A professional

The EB-3 visa is a third preference employment visa. Thus, the requirements are less strict than EB-1 and EB-2 green card visas. However, it may also mean that the wait times are longer.

EB-3 visas are allocated a portion of the annual worldwide employment-based immigrant visa limit, plus certain unused visas from higher preference categories, subject to per-country limits and a separate limitation for the Other Workers subcategory.

EB-3 visa availability is also affected by per-country limits, demand, and the monthly Visa Bulletin. This means that if you are applying from a country with many applicants, the wait times may be longer. Nationals from India and China in particular should expect longer wait times.

While the fiscal year begins on October 1st, an EB-3 case can generally begin when the employer is ready to move forward.

However, the timing of later steps, including adjustment of status or immigrant visa processing, depends on factors such as:

• PERM timing
• I-140 approval
• Visa availability under the Visa Bulletin

The EB-3 green card is issued with a physical Permanent Resident Card (Form I-551) that is typically valid for 10 years. Your underlying permanent resident status does not automatically expire when the card does, but you must renew the card if it expires.

What are the Benefits of the EB-3 Visa?

There are many benefits to receiving an EB-3 visa. Here are three, to name a few:

You can have permanent residency in the United States (U.S. Green Card).

The EB-3 visa gives qualified individuals permanent resident status in the United States.

There are many benefits to being a permanent resident, including having the ability to change employers and being able to travel more freely.

The requirements are less strict than those for many other permanent resident visas.

The EB-3 visa has less strict requirements than either the EB-1 or the EB-2 visas. This means that some people who may not qualify for these other visas may be eligible for the EB-3 visa.

Your spouse and dependent children can come to the United States with you.

Under the EB-3 visa, your spouse and any dependent children can come with you. Dependent children are any unmarried children of yours under the age of 21.

While in the United States, your children can attend school. Additionally, your spouse can work after completing their Employment Authorization Documents or obtaining their green card.

What are the EB-3 Visa Requirements?

The EB-3 visa is available to three categories of workers:

1. Professionals with a U.S. bachelor’s degree or foreign equivalent recognized by USCIS
2. Skilled workers with at least two years of job experience or training
3. Unskilled workers performing jobs that require less than two years of training

There are several requirements for the EB-3 visa. The following conditions must be satisfied in order for you to be approved for an EB-3 visa:

You must meet the employment criteria.

The EB-3 visa is open to:

• Professionals
• Skilled workers
• Unskilled workers

Professionals are those with a bachelor’s degree or equivalent who will be working in a job where a bachelor’s degree is the norm. You may not use experience or other education as a substitute for this degree.

Skilled workers are those with at least 2 years of job training or experience.

Unskilled workers are those performing jobs that require less than 2 years of training. Additionally, these jobs must be permanent in nature.

There must not be qualified American workers.

The employer must generally show through the PERM labor certification process that there are no able, willing, qualified, and available U.S. workers for the position, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

For this reason, you must have an approved PERM labor certification to prove you meet this qualification.

There must be a valid job offer.

A U.S. employer willing to sponsor the beneficiary must have extended a valid job offer through an employer-sponsored green card process to the foreign national.

Additionally, the U.S. employer must have a valid employer-employee relationship with the beneficiary. This means that the employer must be able to pay and supervise the beneficiary.

To qualify for an EB-3 green card, the case generally must include:

• A valid permanent job offer from a U.S. employer
• A U.S. employer willing to sponsor the beneficiary
• A position that fits one of the EB-3 categories
• A beneficiary who meets the education, training, or experience requirements for the offered position
• A PERM labor certification, unless an exception applies
• Evidence that the employer has the ability to pay the offered wage

What is the EB-3 Visa Application Process?

The EB-3 visa application process has several steps:

• Labor certification
• I-140 Petition
• Form DS-261
• Medical
• Visa application
• Visa interview
• Arrival in the United States

Labor Certification

The first step in the EB-3 visa application process is done by the US employer. The US employer must get a labor certification from the Department of Labor after applying for a prevailing wage determination.

The Labor Certification is done to prove there are no U.S. workers for the job. It also asserts that the employer will pay the beneficiary the prevailing wage (determined  by the Department of Labor) for the position.

This is done by filing Form ETA-9089 with the Department of Labor. Form ETA-9089 has information about:

• The employer
• The wages
• The job duties
• The beneficiary
• The attorney/agent (if applicable)

You will also likely be required to demonstrate that you actively recruited for the job before hiring the beneficiary.

The process by which you are recruited must involve submitting a job order with the State Workforce Agency (SWA), as well as advertising the job in any of the following:

• Newspapers
• Professional journals
• Job fairs
• Campus fairs
• Professional organizations
• Websites
• Private employment firms
• Employment referral programs
• Radios
• Television stations
• Other applicable locations

You must have an approved labor certification from the Department of Labor before you can submit an I-140 petition with USCIS.

I-140 Petition

Once the labor certification is approved, the U.S. employer can submit a petition on behalf of the beneficiary. The petition will be filed with United States Citizenship and Immigration Services (USCIS), which is done by submitting Form I-140.

Typically, the petition contains information about:

• The EB-3 visa category
• The petitioner, the beneficiary
• The job
• Financial information demonstrating the employer’s ability to pay the beneficiary

USCIS will then make a decision on the petition:

• If your petition is not approved, the beneficiary will not receive an EB-3 visa.
• If the petition is approved, a notice will be sent to the National Visa Center (NVC) if the beneficiary is abroad and not applying for an adjustment of status.

For most PERM-based EB-3 cases, the priority date is based on the date the Department of Labor receives the PERM application.

There is a limit on the number of visas that can be approved each year, which means there might be a waiting list. You will not be allowed to proceed with the visa application process until your priority date arrives.

If your petition is approved and your priority date is current, you will receive a notice. At this point, the beneficiary must complete several steps if he or she is abroad.

Form DS-261

Firstly, the beneficiary must complete Form DS-261 (Online Choice of Address and Agent). This is completed online, and it tells the National Visa Center and the U.S. Embassy where to send correspondence about the case.

After DS-261 is processed and you receive confirmation, you will then complete Form DS-260 (Online Immigrant Visa Electronic Application) before your immigrant visa interview is scheduled.

Medical

The beneficiary is also responsible for getting a medical examination:

• If you are applying from abroad, you must complete the exam with an authorized panel physician.
• If you are applying for adjustment of status in the United States, you must complete Form I-693 with a USCIS-designated civil surgeon.

Visa Application

The beneficiary must also complete the required consular processing steps through CEAC/NVC.

After the required fees are paid and DS-261 is completed, if required, the beneficiary and each qualifying family member must complete Form DS-260 and submit the required civil documents before the immigrant visa interview is scheduled.

Some individuals may be notified by NVC that other documents will also be required.

Once the required documents are submitted and the case is documentarily qualified, the interview will generally be scheduled through NVC or the applicable U.S. Embassy or Consulate when a visa is available.

Visa Interview

After submitting all other documents, you will be scheduled to have an interview with a U.S. consular officer. During this interview, the documents you provided will be examined. Additionally, you may be asked questions about your background and the work you will be doing in the United States.

The consular officer will use this information to determine if you should be approved for an EB-3 visa.

Arrival in the United States

If the consular officer approves your immigrant visa application, you may travel to the United States and, upon admission as an immigrant, generally become a lawful permanent resident. As a lawful permanent resident, you may live and work in the United States and are subject to the rights and responsibilities of permanent resident status.

What Documents are Needed for the EB-3 Visa Application Process?

There are many documents that may be needed during an EB-3 visa application process. The following is a general list:

• Written contract between the U.S. employer and beneficiary
• Valid passports for the beneficiary and any dependents
• Photographs
• Medical and vaccination records
• Academic records
• Previous work experience records
• Criminal records
• Acknowledgement of significant awards or honors

The specific documentation needed depends on your individual situation. You may not need some of the documents below, and you may also want to include documents not listed below. In any case, you should keep a record of all the documents you submit.

Additionally, for PERM labor certification, the employer is required to retain supporting documentation for five years from the date the ETA Form-9089 is filed. This is because the employer may need to submit the documentation if the case is selected for an audit.

Some audits are random, so any case can be selected. Thus, it may be helpful to be prepared in the event yours is selected for an audit.

What Forms are Needed for the EB-3 Visa Application Process?

Several forms are required throughout the EB-3 visa application process:

Form ETA-9089

Form ETA-9089 refers to the Application for Permanent Employment Certification, which must be approved by the Department of Labor before you can file a petition for an EB-3 visa.

This form provides information about the employer, the job, and the beneficiary. It also ensures that no American workers are hurt by the hiring of the beneficiary, and that the beneficiary will be treated fairly in the United States.

Form I-140

Form I-140 is the Immigrant Petition for Alien Workers. This form serves as your petition for your EB-3 visa.

USCIS will use the information provided in this form to determine if you meet the conditions for an EB-3 visa.

The form contains information about:

• The petitioner
• The beneficiary
• The job

For more information about Form I-140 (Immigrant Petition for Alien Worker), please visit the USCIS website.

Form DS-261

Form DS-261 refers to the Online Choice of Address and Agent form. This form is filed by the beneficiary and is used to inform your U.S. Embassy that you want to begin the visa application process. You may not continue with the visa application process until you receive a confirmation notice about Form DS-261.

For more information about Form DS-261, please visit the U.S. Department of State website.

What are the EB-3 Visa Fees?

The total cost for the EB-3 visa varies depending on your case and who is paying each fee (employer or beneficiary). Below is a breakdown of the main costs:

• As of May 2026, USCIS listed the Form I-140 filing fee as $715. USCIS filing fees and any required surcharges can change, always confirm the current amount on USCIS before filing.
• (if consular processing) Immigrant visa application processing fee
• (if applying for adjustment of status in the U.S.) Applicable Form I-485 filing fee, plus any related USCIS fees
• Other fees (e.g., medical examination, translations, photocopying, attorney’s fees)

Government fees can change, so the USCIS Filing Fees page and Department of State Fees page should be checked before filing.

Also, you should acknowledge which fees are paid by the U.S. employer and which are paid by the beneficiary.

What is the EB-3 Approval Rate?

There is no guaranteed EB-3 approval rate for any particular case. Approval depends on case-specific factors such as:

• The employer’s financials
• Completeness and consistency of the paperwork
• The labor certification
• The Consular or USCIS discretion

EB-3 Visa Processing Time: How Long Does It Take?

The EB-3 total processing time depends on a variety of factors, which include which USCIS service center you use, what country you are from, and your individual application.

For most applicants, the EB-3 visa process can take several months to several years depending on:

• PERM processing
• USCIS processing times
• The applicant’s country of chargeability
• Priority date
• Visa Bulletin movement

Some cases may move faster, while others can take much longer, especially when visa backlogs or retrogression apply. In particular, nationals of India and China should expect longer wait times.

For most PERM-based EB-3 cases, the priority date is based on the date the Department of Labor receives the PERM labor certification application, and that date dictates when you can proceed based on the Visa Bulletin’s cutoff dates.

You should now have a much stronger understanding of the various aspects of the EB-3 visa, including the EB-3 visa benefits, requirements, and application process.

Is the EB-3 Green Card Hard to Get?

While the EB-3 visa has less strict requirements than EB-1 and EB-2 visas, it can still be competitive.

Applicants must:

• Go through a rigorous PERM labor certification process;
• Demonstrate they meet job qualifications; and,
• Wait for their priority date to become current

Applicants from countries with high demand, such as India or China, may face longer wait times, which can make the process more difficult. Additionally, errors in documentation or PERM audits can further complicate approval.

Examples of Successful EB-3 Visa Cases

The EB-3 visa can apply to many different types of employment-based green card cases.

Because EB-3 is an employer-sponsored immigrant visa category, a successful case usually depends on the job offer, the employer’s sponsorship, the labor certification process, and whether the worker meets the requirements for the offered position.

While every case is different, EB-3 cases often involve professionals, skilled workers, and other workers who have a permanent job offer from a U.S. employer and who meet the requirements for the position.

A successful EB-3 case is typically well-documented and clearly shows that the employer and the worker meet the requirements for the category, which may include:

• Evidence of the job offer
• The worker’s qualifications
• The employer’s ability to pay the offered wage
• The approved PERM labor certification (if required)

Common Reasons EB-3 Visa Applications Get Denied

EB-3 visa cases can be denied for several reasons. In many cases, problems happen because the application does not clearly show that the worker qualifies for the offered position, the employer qualifies to sponsor the worker, or the required immigration process was properly completed.

Some denials may be related to the PERM labor certification process. Others may happen at the Form I-140 stage, adjustment of status stage, or immigrant visa interview.

Common reasons EB-3 cases may be denied include:

• The worker does not meet the education, training, or experience requirements for the position
• The job does not properly fit the EB-3 category selected
• The employer does not show the ability to pay the offered wage
• The PERM labor certification was not properly completed
• The job offer is not clearly permanent or full-time
• The application contains inconsistent or incomplete information
• Required documents are missing or weak
• The worker is not eligible for adjustment of status or immigrant visa processing
• There are issues discovered during the consular interview or background review

Because EB-3 cases involve multiple steps, a mistake at one stage can affect the rest of the process. For this reason, it is important to prepare the case carefully from the beginning.

How to Strengthen Your EB-3 Visa Application

A strong EB-3 visa application should clearly explain the job offer, the employer’s sponsorship, and the worker’s qualifications. The goal is to make it easy for the reviewing officer to understand how the case meets the EB-3 requirements.

One of the most important parts of the EB-3 process is consistency. The job duties, minimum requirements, PERM labor certification, Form I-140, and supporting documents should all align with each other.

To strengthen an EB-3 case, the employer and worker should focus on:

• Clearly identifying the correct EB-3 category
• Making sure the job requirements are accurate and consistent
• Preparing a strong PERM labor certification filing, if required
• Collecting evidence of the worker’s qualifications
• Showing the employer’s ability to pay the offered wage
• Keeping copies of all important filings, notices, and supporting documents
• Preparing carefully for adjustment of status or consular processing

Why Do You Need an Immigration Lawyer for an EB-3 Visa?

An EB-3 visa case can be more complex than it first appears. The process often involves several stages, including PERM labor certification, Form I-140, visa availability under the Visa Bulletin, and either adjustment of status or consular processing.

Because each stage has different requirements, working with an immigration lawyer can help reduce the risk of mistakes, delays, or denials.

An immigration lawyer can help with several parts of the EB-3 process, including:

• Reviewing whether the job fits within an EB-3 category
• Evaluating whether the worker meets the job requirements
• Helping the employer understand the PERM labor certification process
• Preparing and organizing supporting documents
• Reviewing Form I-140 evidence
• Explaining visa availability and priority date issues
• Helping with adjustment of status or consular processing
• Responding to government notices or requests, if needed

Working with an immigration lawyer does not guarantee approval. However, it can help ensure that the case is properly prepared, well-documented, and presented in a way that addresses the EB-3 requirements.

How Our Team Helps With Your EB-3 Visa

At Ashoori Law, our legal team helps clients navigate the EB-3 visa process, and some matters may be handled in collaboration with a network of independent immigration attorneys or law firms. Our team assists with case strategy, document preparation, PERM-related guidance, Form I-140, and the final green card stage.

Because EB-3 cases involve both the employer and the worker, we focus on making sure that the case is organized, consistent, and supported by the right evidence.

Our team can help with:

• Evaluating the worker’s eligibility for EB-3 classification
• Reviewing the offered position and job requirements
• Assisting with PERM labor certification strategy
• Preparing the Form I-140 petition
• Organizing employer and worker documents
• Explaining priority dates and visa availability
• Helping with adjustment of status or consular processing
• Communicating with the client throughout the process

Our goal is to help make the EB-3 process as clear and organized as possible. We understand that employment-based green card cases can be stressful for both employers and workers, and we work to provide guidance throughout the process.

Meet Michael Ashoori

Michael Ashoori is a U.S. immigration lawyer and the founder of Ashoori Law, an immigration law firm based in Los Angeles, California. Through Ashoori Law, Michael works with a team of experienced legal professionals to help individuals, families, workers, professionals, investors, entrepreneurs, and businesses with U.S. immigration matters.

Michael and the Ashoori Law team assist clients with a wide range of employment-based immigration cases, including EB-3 green card matters. EB-3 cases often require careful planning because they involve employer sponsorship, job requirements, worker qualifications, PERM labor certification, Form I-140, and visa availability.

Through Ashoori Law, our legal team helps clients with several aspects of the EB-3 process, including:

• Determining whether a position may qualify under EB-3
• Reviewing whether the worker meets the education, training, or experience requirements
• Helping employers understand the sponsorship process
• Organizing supporting documents
• Preparing employment-based immigrant petitions
• Assisting with adjustment of status or consular processing
• Advising on immigration strategy based on the facts of the case

Why Choose Ashoori Law for Your EB-3 Visa Case

Choosing the right immigration law firm can make a meaningful difference in how your EB-3 case is prepared. EB-3 cases often involve multiple steps and several government agencies, so it is important to work with a team that understands employment-based immigration and can guide you through the process.

At Ashoori Law, we help employers and workers prepare EB-3 cases with attention to detail. We focus on understanding the job offer, the worker’s qualifications, the employer’s role, and the overall immigration strategy.

Clients choose Ashoori Law because we provide:

• Guidance on EB-3 eligibility and strategy
• Support for employers sponsoring foreign workers
• Assistance with organizing supporting documents
• Clear communication throughout the process
• Experience with employment-based immigration matters
• Help with adjustment of status and consular processing

Every EB-3 case is different. Our team works to identify potential issues early and prepare the case as carefully as possible based on the facts and available evidence.

Contact Our Team

If you are an employer interested in sponsoring a worker for an EB-3 green card, or if you are a foreign worker with a potential U.S. job offer, Ashoori Law may be able to help.

The EB-3 process can involve several steps, including PERM labor certification, Form I-140, visa availability, and either adjustment of status or consular processing. Because the process can be detailed and time-sensitive, it is important to understand the requirements before moving forward.

Ashoori Law helps with EB-3 matters involving:

• Professionals
• Skilled workers
• Other workers
• Employer sponsorship
• PERM labor certification strategy
• Form I-140 petitions
• Adjustment of status
• Consular processing

If you would like help with your EB-3 case, you can contact Ashoori Law to discuss your situation with our team and determine potential next steps. You can email contact@ashoorilaw.com to discuss your case and determine the best strategy for your EB-3 visa application.

Note: Contacting the firm does not create an attorney-client relationship.

What Happens After Your EB-3 Visa is Approved?

After becoming a lawful permanent resident, the worker should understand the rights and responsibilities that come with green card status. This may include maintaining residence in the United States, updating address information when required, and understanding future options such as naturalization when eligible.

What happens after EB-3 approval depends on which stage of the case has been approved. In some cases, the employer may first receive approval of the Form I-140 petition. In other cases, the worker may later receive approval of adjustment of status or an immigrant visa through consular processing.

If the Form I-140 is approved, the worker may still need to wait for the priority date to become current before moving forward with the final green card step. If the worker is already in the United States and eligible, the worker may be able to apply for adjustment of status. If the worker is outside the United States, the case may proceed through consular processing.

Conclusion

You should now have a better understanding of:

• What the EB-3 visa is
• The main benefits of the EB-3 visa
• The three EB-3 worker categories
• The general EB-3 requirements
• The role of PERM labor certification
• The Form I-140 petition
• Adjustment of status and consular processing
• Common documents and forms used in the EB-3 process
• EB-3 fees and processing time considerations
• Why EB-3 timing can vary based on visa availability and the Visa Bulletin

The EB-3 visa can be a valuable option for certain professionals, skilled workers, and other workers seeking a green card through a permanent job offer from a U.S. employer.

At the same time, the EB-3 process can be complex. In most cases, it involves PERM labor certification, Form I-140, visa availability under the Visa Bulletin, and either adjustment of status or consular processing.