EB-3 Visa: How to Get a Green Card Through Employer Sponsorship

The EB-3 visa is an employment-based green card category for foreign workers who have a permanent job offer from a U.S. employer. Unlike temporary work visas that require periodic renewals, the EB-3 leads directly to lawful permanent residence for you, your spouse, and your unmarried children under 21.

The process isn't quick. Between labor certification, petition filing, and visa availability, most applicants spend two to five years from start to finish, and significantly longer if you're from India or China. But for workers who don't qualify for the EB-1 or EB-2 categories, the EB-3 is often the most accessible employer-sponsored path to a green card.

This guide covers all three EB-3 subcategories, eligibility requirements, the full application process, current fees, and realistic processing timelines.

What is the EB-3 visa?

The EB-3 visa provides a direct path to a green card (lawful permanent residence) for foreign nationals who have a permanent job offer from a U.S. employer and meet the qualifications for one of three subcategories: skilled workers, professionals, or other workers.

USCIS allocates approximately 40,000 immigrant visas per fiscal year to the EB-3 category, which represents 28.6% of the total worldwide employment-based visa allocation. Of those, no more than 10,000 can go to the "other workers" (unskilled) subcategory.

The EB-3 differs from temporary work visas like the H-1B in one critical way: it's an immigrant visa. You're not applying for permission to work temporarily. You're applying for permanent residence from the start. That means the process is longer and more complex, but the end result is a green card, not a visa stamp that needs renewing every few years.

EB-3 visa categories

The EB-3 has three subcategories: skilled workers (two or more years of experience), professionals (bachelor's degree required), and other workers (positions requiring less than two years of training).

Skilled workers

The skilled worker subcategory is for positions that require a minimum of two years of training, education, or experience. This is the broadest of the three categories and covers a wide range of occupations, from technical roles in manufacturing and construction to specialized positions in IT, healthcare support, and trades.

The key distinction is the two-year threshold. If the job requires less than two years of training or experience, it falls into the "other workers" category instead. Your employer's job description and the prevailing wage determination set these requirements, not your personal qualifications.

Professionals

The professional subcategory requires a U.S. bachelor's degree or foreign equivalent in a specific field, and the position must require at least a bachelor's degree as a minimum entry requirement.

Unlike the H-1B and E-3 visas, the EB-3 professional subcategory doesn't allow a combination of education and experience to substitute for the degree requirement. If you're familiar with the H-1B's "three-for-one" rule (where three years of progressive experience can substitute for one year of education), that flexibility doesn't exist here. You must actually hold a bachelor's degree or its verified foreign equivalent. Progressive experience alone won't qualify you under the professional subcategory.

If you don't have a bachelor's degree but have substantial work experience, you may still qualify under the skilled worker subcategory instead, provided the job requires at least two years of training or experience.

Common examples of EB-3 professional positions include accountants, engineers, teachers, and analysts where the employer requires a four-year degree in the relevant field. If the position requires a master's degree or higher, it likely falls under the EB-2 category instead.

Other workers (unskilled)

The "other workers" subcategory covers positions that require less than two years of training or experience. Despite the label "unskilled," these jobs often require significant physical capability or on-the-job learning. They include roles in food processing, landscaping, hospitality, and custodial work.

This subcategory has a hard cap of 10,000 visas per fiscal year, which is a subset of the total 40,000 EB-3 allocation. Because of the lower cap, wait times for other workers are often longer than for skilled workers and professionals, particularly for applicants from high-demand countries.

Schedule A occupations

Certain occupations are pre-certified by the Department of Labor, meaning employers don't need to go through the full PERM labor certification process. Schedule A has two groups:

• Group I covers registered nurses and physical therapists. These professionals can skip the individual labor certification process because the DOL has already determined there aren't enough U.S. workers in these fields.
• Group II covers individuals with exceptional ability in the sciences or arts (excluding performing arts).

For nurses and physical therapists specifically, the Schedule A exemption can shave months or even a year off the overall timeline by eliminating the PERM step. If you're a registered nurse looking for U.S. opportunities, the EB-3 through Schedule A is one of the most straightforward green card paths available. You can find current openings through resources like nursing jobs in the U.S. for foreigners or registered nurse visa sponsorship.

The table below summarizes the key differences between the three main subcategories:

EB-3 visa requirements

To qualify for an EB-3 visa, you need a permanent, full-time job offer from a U.S. employer, an approved PERM labor certification, qualifications that match one of the three subcategories, and an employer who can demonstrate the ability to pay your offered wage.

Permanent, full-time job offer

You need a genuine, permanent, full-time job offer from a U.S. employer. The position can't be temporary, seasonal, or part-time. The employer must be offering a role that will exist indefinitely, not a contract position with a defined end date.

This is different from H-1B sponsorship, where the employer is petitioning for a temporary worker. With the EB-3, the employer is certifying that they have a permanent position and want to hire you for it on an ongoing basis.

PERM labor certification

Before your employer can file an immigrant petition on your behalf, they typically need to obtain a PERM labor certification from the Department of Labor. This process proves that there are no qualified, willing, and available U.S. workers for the position at the offered wage.

The PERM process involves several steps:

• Prevailing wage determination: The employer requests a wage determination from the DOL's National Prevailing Wage Center to establish the minimum salary for the position in that geographic area
• Recruitment: The employer conducts a series of recruitment efforts (job postings, advertisements, and potentially other outreach) to test the U.S. labor market
• Filing Form ETA-9089: After recruitment, the employer files the PERM application through the DOL's FLAG system (required for all applications filed on or after June 1, 2023)

If the DOL audits your PERM application, expect an additional 6 to 12 months or more on top of the standard processing time. Audits can be triggered by issues in the recruitment documentation, job requirements that appear tailored to a specific applicant, or random selection. Your employer's immigration attorney should be aware of common audit triggers and structure the filing to minimize risk.

Schedule A occupations (registered nurses, physical therapists) are exempt from the individual PERM labor certification requirement, which significantly shortens their overall timeline.

Education and experience requirements

Your qualifications must match the requirements for your specific subcategory:

• Skilled workers: At least two years of job experience, education, or training relevant to the position
• Professionals: A U.S. bachelor's degree or foreign equivalent in the specific field required by the job
• Other workers: No formal education or experience minimum, though the job itself defines what's needed

The employer's job requirements drive the category determination. If they require a bachelor's degree, you're in the professional subcategory. If they require two or more years of experience but not a degree, you're a skilled worker. If neither threshold is met, you're an other worker.

Employer's ability to pay

Your sponsoring employer must demonstrate the financial ability to pay the offered wage from the date the PERM application is filed through when you receive your green card. USCIS evaluates this by looking at the employer's net income, net current assets, or the number of employees relative to the offered salary.

This requirement exists to prevent situations where an employer sponsors a worker but can't actually afford to pay them. Small employers may face more scrutiny here, particularly if the offered salary represents a significant portion of their annual revenue.

How to apply for an EB-3 visa

The EB-3 application process has four stages: PERM labor certification through the Department of Labor, an I-140 immigrant petition filed by your employer with USCIS, waiting for visa availability based on your priority date, and adjustment of status or consular processing to receive your green card.

Step 1: PERM labor certification (Department of Labor)

Your employer starts by requesting a prevailing wage determination, then conducts the required recruitment. After recruitment closes, they file Form ETA-9089 through the DOL's FLAG system. The DOL reviews the application to confirm that the recruitment was conducted properly and that no qualified U.S. workers were available for the role.

Current processing time for PERM applications is approximately 12 months after filing. Some cases go through audit, which can add 6 to 12 months or more to the timeline. Audits are triggered by issues in recruitment documentation, job requirements that appear tailored to a specific applicant, or random DOL selection.

Step 2: Form I-140 immigrant petition (USCIS)

Once the PERM is approved, your employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS. This petition establishes that you meet the EB-3 qualifications and that the employer has a valid job offer and the ability to pay the offered wage.

Your I-140 filing date becomes your "priority date," which is your place in line for a visa number. This date determines when you can move to the final step of the process.

Regular I-140 processing takes approximately 6 to 12 months. If your employer wants to accelerate this step, premium processing is available for an additional fee and guarantees an initial response within 15 business days. Check USCIS current processing times for up-to-date estimates.

Step 3: wait for visa availability

After your I-140 is approved, you may need to wait for a visa number to become available. The State Department publishes a monthly visa bulletin that shows which priority dates are currently being processed for each country and category.

If your priority date is "current" (meaning visa numbers are available for your date), you can proceed to the final step immediately. If it's not current, you wait. For applicants from most countries, EB-3 wait times are shorter than for India and China. For Indian nationals, the EB-3 backlog currently stretches over a decade. China also faces significant delays, though typically shorter than India's.

Check the current USCIS visa bulletin monthly, as priority dates can advance, remain the same, or even retrogress (move backward).

Step 4: adjustment of status or consular processing

When your priority date becomes current, you have two paths to get your green card:

• Adjustment of status (I-485): If you're already in the U.S. on a valid visa, you can file Form I-485 to adjust your status to permanent resident without leaving the country. The filing fee is $1,440.
• Consular processing: If you're outside the U.S. or prefer this route, your case transfers to a U.S. consulate in your home country for an immigrant visa interview.

Both paths result in the same outcome: lawful permanent resident status. Adjustment of status is often preferred by applicants already working in the U.S. because it allows them to remain in the country during processing and, in most cases, to continue working.

EB-3 visa costs and fees

The total cost of an EB-3 green card ranges from roughly $2,000 to $15,000 or more depending on whether your employer uses premium processing and whether you adjust status in the U.S. or go through consular processing abroad.

The total cost for a straightforward EB-3 case ranges from roughly $3,000 to $6,000 in government filing fees alone, split between employer and employee. Attorney fees can add $3,000 to $10,000 or more depending on the complexity of the case and whether the employer has in-house immigration counsel.

The immigration fee structure has changed significantly in recent years, with new statutory fees (including the Asylum Program Fee) added on top of standard filing costs. Always verify current fees directly at USCIS.gov before budgeting your case, as amounts can change with little advance notice.

EB-3 visa processing times

Total EB-3 processing time ranges from about two to three years for most countries. Each stage has its own timeline, and your country of chargeability significantly affects the visa availability wait.

For applicants from most countries (Rest of World), EB-3 wait times are shorter than for India or China, though they're not always immediately current. Check the monthly visa bulletin to see where your priority date stands. For Indian nationals, the EB-3 backlog currently stretches over a decade, meaning years of waiting between I-140 approval and visa availability. China also has significant backlogs, though typically shorter than India's.

The total end-to-end timeline for a Rest of World applicant is roughly two to three years. For Indian nationals, the total can stretch well beyond five years depending on how priority dates move.

Processing timelines and visa availability can also be affected by broader policy changes, including shifts in consular processing capacity and administration priorities. Priority date movement in any given month isn't always predictable, which is why checking the visa bulletin regularly matters.

EB-3 visa to green card

The EB-3 is itself a green card pathway. Once you complete the final step (adjustment of status or consular processing), you receive lawful permanent resident status. Here's what that final stage looks like in practice.

Adjustment of status (I-485)

If you're already in the U.S. on a valid nonimmigrant visa (H-1B, L-1, F-1 with OPT, etc.), you can file Form I-485 to adjust to permanent resident status once your priority date is current. You'll need to submit biometrics, attend an interview in some cases, and complete a medical examination.

While your I-485 is pending, you're generally authorized to remain in the U.S. Filing for adjustment of status also allows you to file concurrently for an Employment Authorization Document (I-765) and Advance Parole (I-131), giving you independent work authorization and the ability to travel.

Consular processing

If you're outside the U.S. or prefer this route, your approved I-140 is forwarded to the National Visa Center (NVC), which coordinates your immigrant visa interview at a U.S. consulate in your home country. After a successful interview, you receive an immigrant visa and become a permanent resident upon entry to the U.S.

Derivative beneficiaries

Your spouse and unmarried children under 21 can obtain green cards as derivative beneficiaries on your EB-3 petition. They don't need separate employer sponsorship. They file their own I-485 applications (or go through consular processing) alongside yours and receive their green cards at the same time.

One consideration: if your child is approaching 21, the Child Status Protection Act (CSPA) may apply to preserve their eligibility. The calculation involves subtracting the time your I-140 petition was pending from their biological age. This is worth tracking closely if your child is in their late teens when the process begins.

Job portability (AC21)

Once your I-485 has been pending for 180 days or more and your I-140 has been approved (or remained pending for 180 days), you can change employers without restarting the green card process. This is known as AC21 portability.

The new job must be in the same or a similar occupational classification as the one listed on your original PERM and I-140. You don't need to file a new PERM or I-140 with the new employer. You notify USCIS of the change, and your I-485 continues processing.

This is one of the most important protections for EB-3 applicants, particularly those facing long wait times. It means you're not permanently tied to your sponsoring employer for the entire duration of the process.

EB-3 to EB-2 porting

Some applicants, particularly Indian nationals facing long EB-3 backlogs, file an EB-3 petition initially and later file a separate EB-2 petition if they qualify, or vice versa. This strategy lets you retain your original EB-3 priority date while taking advantage of whichever category has better priority date movement at the time you're ready to file for adjustment of status.

The EB-2 requires either a master's degree (or a bachelor's plus five years of progressive experience in the field), so not everyone who qualifies for EB-3 can use this approach. If you do qualify for both, discuss the porting strategy with your immigration attorney early in the process so you can plan accordingly.

EB-3 visa vs H-1B

The EB-3 and H-1B serve fundamentally different purposes, but many foreign workers encounter both during their immigration journey. The H-1B is a temporary work visa, while the EB-3 is a permanent residence (green card) pathway. Many EB-3 applicants are already working in the U.S. on an H-1B when their employer begins the green card process.

The most common path is to secure an H-1B first for immediate work authorization, then have your employer begin the EB-3 green card process while you're working on the H-1B. The H-1B allows dual intent, so starting your green card process won't jeopardize your temporary status.

For workers who didn't get selected in the H-1B lottery or whose employers want to skip the lottery entirely, some pursue EB-3 directly through consular processing while abroad. This approach takes longer but avoids the uncertainty of the H-1B lottery altogether.

If you're currently on an H-1B or exploring your options, our H-1B visa guide covers the temporary visa in detail, including how it connects to the green card process.

EB-3 visa sponsorship and jobs

Every EB-3 application starts with an employer who's willing to sponsor you. Unlike some other immigration categories, you can't self-petition for an EB-3. The employer initiates and funds the process, from PERM through I-140.

What employers need to do

Sponsoring an EB-3 worker requires a meaningful commitment from the employer. They need to:

• Obtain a prevailing wage determination from the DOL for the specific position and location
• Conduct recruitment to test the U.S. labor market and document that no qualified U.S. workers are available
• File the PERM application through the FLAG system
• File Form I-140 with USCIS after PERM approval
• Demonstrate ability to pay the offered wage from PERM filing through green card issuance

The process takes years and costs the employer several thousand dollars in filing fees and legal costs. Employers who sponsor EB-3 workers typically do so because they have persistent labor shortages that can't be filled domestically.

Industries that commonly sponsor EB-3

EB-3 sponsorship spans a wide range of industries. For the skilled worker and professional subcategories, technology, healthcare, engineering, finance, and education are among the most active. For the other worker (unskilled) subcategory, food processing, meatpacking, hospitality, landscaping, and construction are common.

Healthcare is particularly active in EB-3 sponsorship, especially for nurses and physical therapists who benefit from the Schedule A exemption. Hospitals and healthcare systems facing chronic staffing shortages regularly use the EB-3 to recruit internationally.

How to find EB-3 sponsors

Finding employers who sponsor EB-3 green cards requires targeted research:

• DOL PERM disclosure data: The Department of Labor publishes PERM application data quarterly. You can search this data to identify employers who have recently filed PERM applications for EB-3 positions in your occupation and location.
• H-1B employer data as a proxy: Employers who sponsor H-1B workers often also sponsor green cards. Checking H-1B filing data can point you toward sponsorship-friendly employers, even if they don't have current EB-3 openings listed. You can explore companies that sponsor visas on Migrate Mate for a starting point.
• Visa-sponsored job boards: Job boards that filter specifically for sponsoring employers save significant time compared to filtering general listings. You can search for EB-3-eligible positions on Migrate Mate's visa sponsorship jobs page.

Frequently asked questions