EB-3 Visa Explained

If you're a skilled worker, professional, or seeking a job that doesn't require advanced qualifications, the EB-3 visa might be your path to permanent residence in the United States. This guide walks you through what it is, who qualifies, and how to apply for this employment-based green card.

What is the EB-3 Visa?

The EB-3 visa is an employment-based immigrant visa category that provides lawful permanent resident status (commonly known as a green card) to foreign workers sponsored by U.S. employers. As part of the third preference category under U.S. immigration law, it serves workers across a broad spectrum of skill levels and educational backgrounds.

The EB-3 accommodates three distinct worker types: skilled workers with just two years of experience, professionals with bachelor's degrees, and unskilled workers in positions where U.S. employers cannot find qualified American workers. This accessibility makes it one of the most widely used employment-based green card pathways.

The visa grants permanent residence, meaning you can live and work indefinitely in the United States. Your spouse and unmarried children under 21 can join you as derivative beneficiaries, also receiving permanent resident status. After five years as a lawful permanent resident, you become eligible to apply for U.S. citizenship.

Employment-based visas receive approximately 140,000 annual allocations across all preference categories, with the EB-3 receiving a portion of this total. The process requires your employer to sponsor you through labor certification and immigrant petition procedures managed by the Department of Labor and U.S. Citizenship and Immigration Services.

Rights and benefits under the EB-3 category

Once you receive EB-3 approval, you gain several important rights that distinguish permanent residence from temporary work visas:

Permanent work authorization: You can work for any U.S. employer without restrictions. Unlike temporary visas that tie you to a specific company, your green card provides complete employment flexibility.

Indefinite stay: There's no expiration date on your right to live in the United States. As long as you maintain continuous residence and don't abandon your status, you can remain permanently.

Family inclusion: Your spouse receives derivative status, and your unmarried children under 21 also become lawful permanent residents with the same rights you receive.

Path to citizenship: After five years of permanent residence, you can apply for U.S. citizenship through naturalization. If you marry a U.S. citizen, this period reduces to three years.

Travel freedom: You can travel internationally and return to the United States freely, though extended absences may raise questions about whether you've abandoned your permanent residence.

Educational access: You and your family members can attend U.S. schools and universities, often qualifying for in-state tuition rates and financial aid programs available to permanent residents.

Eligibility criteria

The EB-3 category is divided into three distinct subcategories, each with specific requirements:

EB-3(A): Skilled workers

To qualify as a skilled worker, you must meet these requirements:

Experience requirement: You need at least two years of job experience, training, or education relevant to the position being offered. This experience doesn't have to come from a single employer (it can be cumulative from multiple positions).

Permanent position: The job offer must be for permanent, full-time employment. Seasonal or temporary positions don't qualify.

Labor market test: Your employer must demonstrate through the PERM labor certification process that no qualified U.S. workers are available for the position at the prevailing wage.

EB-3(B): Professionals

Professional classification requires:

Educational credential: You must possess a U.S. bachelor's degree or a foreign degree that's equivalent to a U.S. bachelor's degree. A credential evaluation from an approved agency may be required to establish equivalency.

Job requirement: The position being offered must require a bachelor's degree as a minimum qualification. The degree requirement must be necessary for the job, not just preferred by the employer.

Field relevance: Your degree should be in a field related to the job duties, though perfect alignment isn't always required if you can demonstrate relevant experience.

EB-3(C): Other workers (unskilled workers)

This subcategory covers positions that require:

Minimal training: The job must require less than two years of training, experience, or education. Examples include food service workers, housekeepers, agricultural workers, and general laborers.

Permanent nature: The position must be full-time and permanent, not seasonal or temporary.

Labor shortage: Your employer must prove that qualified U.S. workers aren't available for the position.

Limited availability: This subcategory has restricted annual allocations, making it more competitive than skilled worker or professional categories.

Employer and job offer requirements

Your sponsoring employer must meet several criteria to petition for your EB-3 visa:

Business legitimacy: The employer must be a legitimate U.S. business entity (corporation, partnership, or individual) with valid tax identification numbers and business licenses.

Financial capacity: The employer must demonstrate the ability to pay your offered wage from the priority date forward. This is proven through tax returns, audited financial statements, or annual reports.

Permanent position: The job offer must be for permanent, full-time employment. Contract positions, seasonal work, and temporary assignments don't qualify.

Prevailing wage compliance: The offered wage must meet or exceed the prevailing wage for your occupation in the geographic area where you'll work, as determined by the Department of Labor.

The EB-3 petition process: Step by step

Step 1: Prevailing wage determination

Your employer begins by requesting a prevailing wage determination from the Department of Labor. This establishes the minimum wage that must be offered for your position based on location, job duties, and required qualifications.

Step 2: PERM labor certification recruitment

Before filing the labor certification application, your employer must conduct mandatory recruitment to test whether qualified U.S. workers are available:

Recruitment requirements: This includes placing job orders with state workforce agencies, running newspaper advertisements, and potentially additional recruitment steps like posting on the company website, using job search websites, or attending job fairs.

Documentation: Your employer must carefully document all recruitment efforts, including copies of advertisements, records of applicants who responded, and explanations of why U.S. applicants weren't qualified.

Good faith effort: The recruitment must represent a genuine attempt to find U.S. workers, not a token effort designed to fail.

Step 3: Form ETA-9089 filing

After completing recruitment, your employer files Form ETA-9089 (Application for Permanent Employment Certification) with the Department of Labor. This comprehensive application includes details about your qualifications and the job requirements, documentation of the recruitment process, evidence that no qualified U.S. workers applied or were available, and prevailing wage information.

The Department of Labor reviews the application to ensure all requirements are met and that hiring you won't adversely affect U.S. workers' wages or working conditions.

Step 4: Form I-140 immigrant petition

Once DOL certifies your PERM labor certification, your employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS. This petition includes the certified PERM, supporting documentation, and establishes your priority date.

Priority date establishment: The filing date of your Form I-140 becomes your priority date, which determines your place in line for visa availability.

Premium processing option: For an additional fee, your employer can request premium processing, which guarantees a decision within 15 calendar days.

Step 5: Waiting for visa availability

After USCIS approves your Form I-140, you must wait for a visa number to become available. The Department of State publishes monthly Visa Bulletins showing current priority dates for each preference category and country of birth.

Your wait time depends heavily on your country of chargeability. Workers from most countries experience minimal to no wait, while workers from India and China face significantly longer waits due to per-country limits.

Step 6: Adjustment of status or consular processing

When your priority date becomes current according to the Visa Bulletin, you can proceed with the final step:

Adjustment of status (if in the U.S.): File Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. This allows you to obtain your green card without leaving the United States.

Consular processing (if outside the U.S.): Your case transfers to the National Visa Center, which forwards it to a U.S. embassy or consulate in your home country for an immigrant visa interview.

Both paths require medical examinations, civil documents, background checks, and vaccination records.

Step 7: Green card issuance

After approval through either adjustment of status or consular processing, you receive lawful permanent resident status. USCIS mails your physical green card, which serves as evidence of your permanent residence and work authorization.

Processing times and timelines

Understanding EB-3 processing times helps you plan your immigration timeline:

PERM labor certification

The labor certification process varies in duration based on case complexity, DOL audit selections, and application volume. This includes time for prevailing wage determination, recruitment activities, and DOL review of your Form ETA‑9089. In most cases, this stage takes between six and twelve months from the start of the prevailing wage request to final DOL certification, though audits or refilings can extend this timeline.

Form I-140 processing

Standard I-140 processing times vary by USCIS service center and case complexity. Premium processing reduces this to 15 calendar days for an additional fee.

Visa availability wait times

This is where processing times become heavily dependent on your country of birth:

Most countries: Current or minimal wait times, meaning you can proceed immediately after I-140 approval.

India and China: Multi-year backlogs due to per-country caps.

Other high-demand countries: Varies based on demand levels.

Final processing

Once your priority date is current, adjustment of status or consular processing adds additional months to your timeline.

Important note: Check current USCIS processing times and Department of State Visa Bulletins for updated timeframes, as these change regularly.

Fees and costs

The EB-3 process involves several mandatory fees and optional costs:

Employer-paid fees (required)

PERM process: No filing fee, but employers bear recruitment costs, including advertisements, job postings, and administrative time.

Form I-140 filing fee: Paid by the employer (check current USCIS fee schedule for exact amounts).

Legal and administrative costs: Vary based on case complexity and whether the employer uses immigration attorneys.

Employee-paid fees

Form I-485 (adjustment of status): Check the current USCIS fee schedule for exact amounts.

Medical examination: Varies by examining physician and required vaccinations.

USCIS immigrant fee: Paid after case approval but before receiving your green card.

Optional fees

Premium processing: Available for expedited I-140 review. Either the employer or the employee can pay this fee.

Consular processing costs (if applicable)

Form DS-260: Immigrant visa application fee.

Additional consular fees: Vary by country and may include document translations, police certificates, and civil document costs.

Important note: Immigration law prohibits employers from requiring employees to pay certain costs, including PERM expenses and I-140 filing fees. Employers who attempt to pass these costs to workers may face penalties and case denials.

Family members and dependent benefits

Your spouse and unmarried children under 21 can join you in the EB‑3 process as derivative beneficiaries. However, they do not gain lawful status in the United States until your immigrant visa or green card is approved. 

An approved Form I‑140 alone does not grant them the right to live in the U.S.. They may only apply for permanent residence once your priority date becomes current.

Spouse benefits

Your spouse becomes a lawful permanent resident with the same rights as you, including unlimited work authorization and the ability to eventually apply for U.S. citizenship.

Children's benefits

Your unmarried children under 21 also become permanent residents upon approval. They can attend U.S. schools, qualify for in-state tuition at universities, and eventually apply for citizenship.

Filing considerations

Concurrent filing: If your priority date is current when you file Form I-140, your family members can file Form I-485 concurrently for adjustment of status.

Following to join: If your family members are outside the U.S., they can join you through consular processing at U.S. embassies abroad.

Age-out protection: The Child Status Protection Act provides some protection for children who might age out (turn 21) during the EB-3 process, though this is complex and case-specific. You can read more about how the law applies to employment‑based green cards in the Child Status Protection Act guidance from USCIS.

Validity and permanence

The EB-3 visa results in lawful permanent residence, which provides several important characteristics:

Permanent nature

Unlike temporary work visas, your EB-3 status doesn't expire. You can live and work in the United States indefinitely as long as you don't abandon your residence or commit acts that would make you removable.

Green card renewal

Your physical green card expires every 10 years, but your permanent resident status continues. You must file Form I-90 to renew your card before expiration.

Continuous residence requirements

To maintain permanent residence, you must not abandon your U.S. residence through extended absences, file U.S. tax returns as a resident, and not commit crimes that could make you deportable.

Path to citizenship

After five years as a lawful permanent resident (or three years if married to a U.S. citizen), you can apply for U.S. citizenship through naturalization. This requires continuous residence and physical presence requirements, English language proficiency, knowledge of U.S. civics and history, and good moral character.

Evaluation and compliance factors

Several factors affect the strength and success of your EB-3 application:

Labor certification accuracy

The PERM process requires precise documentation. Common issues include job requirements that are too restrictive, inadequate recruitment, and prevailing wage compliance problems.

Employer compliance

Your sponsoring employer must demonstrate legitimate business operations, financial capacity to pay your salary from the priority date forward, and a good-faith job offer.

Job-role match

Your qualifications must align with the job requirements through proper education credentials, verified experience documentation, and any required professional licenses.

Financial and documentation readiness

Successful cases require complete documentation, medical examinations conducted by approved physicians, and clean background checks with no prior immigration violations.

EB-3 visa compared to other options

Understanding how the EB-3 fits among other employment-based categories helps you choose the right path:

Note: The H‑1B process does include a Labor Condition Application (LCA) with the Department of Labor, which is distinct from the PERM labor certification required for EB‑2 and EB‑3 green cards. The LCA certifies wage and working‑condition compliance for temporary roles, not the labor market test for permanent positions.

Choosing the right support partner

The EB-3 process requires coordination across multiple government agencies, extensive documentation, and strict compliance with regulatory standards. Lighthouse helps U.S. employers and foreign professionals navigate this process through eligibility diagnostics to identify the correct employment-based category, expert guidance on PERM recruitment and compliance documentation, and comprehensive legal and operational support—including preparation for Forms I-140 and I-485, as well as coordination of family applications with timeline tracking based on the Visa Bulletin.

Our approach combines experienced case managers with technology purpose-built for immigration workflows. This ensures hands-on support from dedicated immigration teams, expert legal review to strengthen petitions, and precise coordination to meet strict filing deadlines.

Currently, EB-3 support is available to companies enrolled in our Lighthouse Plus plan. Lighthouse Plus is designed as a deep partnership for fast-scaling companies that need transparency into candidate processes, proactive immigration education, and responsive customer support.

Contact us to learn more about Lighthouse Plus.

FAQs

What is an EB‑3 visa and who qualifies for it?

The EB‑3 is an employment‑based immigrant visa for skilled workers, professionals, and other workers sponsored by a U.S. employer for a permanent, full‑time position.

What are the EB‑3 visa requirements?

You must have a valid job offer, meet the education or experience criteria for your subcategory, and your employer must obtain a PERM labor certification from the Department of Labor.

How long does the EB‑3 visa process take?

The full process typically takes 1.5 to 4 years, depending on DOL and USCIS processing times and Visa Bulletin backlogs.

What is PERM labor certification and why is it required?

It is a DOL process confirming that no qualified U.S. workers are available for the job and that hiring a foreign worker will not harm U.S. labor conditions.

Can I apply for an EB‑3 visa from a temporary status like H‑1B or F‑1?

Yes. You can file Form I‑485 for adjustment of status if you are in lawful non-immigrant status when your priority date becomes current.

What are the filing fees for the EB‑3 visa?

Employer fees include $715 for Form I‑140 and recruitment costs. Applicant fees include $1,440 for Form I‑485 and $325 for consular processing if abroad.

Can my spouse and children immigrate with me?

Yes. Your spouse and unmarried children under 21 can obtain derivative green cards under E34/EW4 or E35/EW5 classifications.

When can an EB‑3 green card holder apply for U.S. citizenship?

After five years of continuous residence as a lawful permanent resident.

How does the EB‑3 differ from the EB‑2 or H‑1B visa?

EB‑3 is for skilled, professional, or unskilled roles requiring less education than EB‑2. H‑1B is a temporary non-immigrant visa, while EB‑3 leads directly to permanent residence.

How can Lighthouse help with my EB‑3 application?

Lighthouse provides end‑to‑end support for employers and foreign nationals, including eligibility evaluation, document preparation, and coordination with USCIS and the Department of Labor.

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