Who qualifies for EB-3?
The EB-3 visa category covers skilled workers, professionals, and other workers. Skilled worker positions ordinarily require at least two years of training or experience. Professional positions require at least a U.S. bachelor’s degree or its foreign equivalent, and the worker must hold the required degree. “Other worker” positions are those requiring less than two years of training or experience. The offered job must be permanent and full time; seasonal or temporary work does not qualify for immigrant visas but may allow for temporary visa options.
The job determines the category. A worker with a graduate degree does not automatically qualify for EB-2 if the offered position requires only a bachelor’s degree. Conversely, a detailed experience record matters when the employer’s minimum requirements call for skills gained through prior work.
The usual sequence: PERM, petition, green card
Most EB-3 cases begin with a Department of Labor prevailing wage determination and recruitment under the PERM labor certification rules. The employer must test the U.S. labor market and document the results. Recruitment requirements and timing depend on the position; advertising should not begin without a coordinated plan.
After certification, the employer files an I-140 petition with USCIS. The petition addresses the worker’s qualifications and the employer’s ability to pay the offered wage. The final step is adjustment of status in the United States (if available) or, otherwise, immigrant visa processing through a U.S. consulate abroad. Merely starting the process does not itself grant status or permission to work, nor does a certified PERM application or approved I-140 – authorization to begin working pursuant to this process only results after approval of the immigrant visa or adjustment application as the final step. In most PERM cases, employers rely on other visa categories as a stepping-stone to permanent residence for employees.
What affects the timeline?
An EB-3 green card involves several separate queues. Prevailing wage processing, recruitment, PERM review, I-140 adjudication, and visa availability each have their own timing. The Visa Bulletin also distinguishes the other workers category from the main EB-3 category. Country of chargeability, usually based on birth, can make a substantial difference.
Premium processing, when available for the petition, does not accelerate PERM or make an immigrant visa number available. A change in duties, worksite, ownership, or employer may require a fresh analysis. Employers should identify foreseeable changes before investing in recruitment.
Preparing an employer-sponsored case
Useful starting documents include a clear job description, minimum education and experience requirements, the worksite address, salary information, and the worker’s education and employment records. Experience letters should include dates of employment and a detailed description of job duties rather than merely confirm a job title. Financial evidence is required support the employer’s ability to pay under the applicable rules.
Moro Legal can review the proposed position and immigration history, identify gaps in the evidence, and plan the filing sequence with the employer and employee. A consultation should also address current status, travel, and whether dependents can pursue residence through the principal applicant.
