
EB-3 Visa FAQ: Answers to the Most Common Questions
The EB-3 employment-based green card raises a lot of questions for overseas workers. This FAQ answers the ones we hear most often, in plain language. It is meant to give you a general understanding so you can have a more informed conversation with a licensed immigration attorney — it is not legal advice, and every case turns on its own facts.
The Basics
What is an EB-3 visa? EB-3 stands for Employment-Based, Third Preference. It is a green card (permanent residence) category for skilled workers, professionals, and other (unskilled) workers who have a permanent, full-time job offer from a U.S. employer willing to sponsor them.
Who qualifies for EB-3? There are three subcategories. Skilled Workers fill jobs requiring at least two years of training or experience. Professionals fill jobs requiring a U.S. bachelor’s degree (or a foreign equivalent single degree). Other Workers fill jobs requiring less than two years of training or experience that are not temporary or seasonal. In every case you must actually meet the requirements stated in the job’s labor certification.
Can I apply for an EB-3 visa on my own? No. EB-3 is employer-sponsored. A U.S. employer must act as your petitioner and file Form I-140, Immigrant Petition for Alien Worker. There is no self-petition option in this category.
Do I need a college degree? Only the Professional subcategory requires a bachelor’s degree. Skilled Worker and Other Workers positions do not require a degree, though you must meet the specific experience or training the job requires. For the Professional category, education and experience generally cannot be substituted for the required single degree.
The Process
What are the main steps in an EB-3 case? Generally: (1) the employer obtains a prevailing wage determination and completes PERM labor certification with the Department of Labor; (2) the employer files Form I-140 with USCIS; (3) you wait for your priority date to become current on the Visa Bulletin; and (4) you complete the final step — either an I-485 Adjustment of Status if you are in the U.S., or consular processing with a DS-260 and an interview if you are abroad — followed by a medical exam.
What is PERM labor certification? PERM is the Department of Labor process in which your sponsoring employer tests the U.S. labor market and attests that there is no qualified, willing, and available U.S. worker for the position and that hiring you will not adversely affect U.S. workers. An approved PERM is generally required before the I-140 is filed.
What is Schedule A? Schedule A is a list of occupations the Department of Labor has pre-certified as having a shortage of U.S. workers, so the standard PERM recruitment is not required. Group I currently includes professional nurses and physical therapists. Schedule A is under active government review, so its contents can change — verify the current list before relying on it.
What is a priority date? Your priority date is generally the date the Department of Labor accepted your PERM application. It marks your place in line. You must wait until your priority date is “current” under the Visa Bulletin before you can take the final green card step.
The Visa Bulletin and Wait Times
What is the Visa Bulletin? The Department of State publishes the Visa Bulletin monthly. It shows, by category and country, which priority dates have reached the front of the line. There are two charts — Final Action Dates (when a visa can actually be issued) and Dates for Filing (the earliest you may submit certain paperwork). USCIS announces each month which chart adjustment applicants may use.
Why do wait times depend on my country of birth? Employment-based green cards are subject to annual limits and a per-country cap of roughly 7%. Because of this, applicants born in high-demand countries face longer waits, while applicants from most other countries (grouped as “All Chargeability Areas,” or Rest of World) are generally more current. Wait times change every month, so always check the live Visa Bulletin for your country and category.
How long does the whole EB-3 process take? There is no fixed answer. The total time depends on Department of Labor and USCIS processing, your country of chargeability, and the monthly movement of the Visa Bulletin. No one can promise a specific timeline. Check current government processing times and the Visa Bulletin for realistic, up-to-date expectations.
Family, Fees, and Work
Can my family immigrate with me? Yes. Your spouse and unmarried children under 21 may qualify as derivative applicants and can immigrate based on your approved EB-3 petition. They do not need their own employer or petition.
Can I work while my green card case is pending? If you have a pending I-485 in the U.S., you and your derivatives may apply for a work permit (Employment Authorization Document) using Form I-765, and for a travel document (Advance Parole) using Form I-131. Leaving the U.S. without an approved Advance Parole while your I-485 is pending can generally be treated as abandoning the application.
How much does an EB-3 case cost? Government filing fees apply to forms such as the I-140 and I-485, and fees change periodically. Do not rely on a fixed figure — check the official USCIS Fee Calculator for current amounts. There may also be attorney fees and, depending on the occupation, credentialing costs.
What is the difference between EB-2 and EB-3? EB-2 is for advanced-degree professionals or people of exceptional ability; EB-3 is for skilled workers, professionals with a single bachelor’s, and other workers. Both require a job offer and labor certification. EB-3 is not automatically “faster” or “easier” — which is better depends on your qualifications, your country, and the Visa Bulletin.
Do I need a lawyer? No law requires it, but the process is technical and unforgiving, so most applicants and employers work with a licensed immigration attorney. At minimum, an initial consultation can help you understand your specific situation.
A Few Important Reminders
Immigration outcomes are never guaranteed. No employer, agency, or attorney can promise a job, an approved petition, a green card, or a timeline. Government fees, rules, and Visa Bulletin dates change often — any figure or date here is as of July 2026; verify current information at the official sources below.
This article is for informational purposes only and is not legal advice. For guidance about your specific situation, please consult a licensed U.S. immigration attorney and rely on the official government sources below.
Sources
- U.S. Citizenship and Immigration Services — Employment-Based Immigration: Third Preference EB-3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- U.S. Citizenship and Immigration Services — Visa Availability and Priority Dates: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates
- U.S. Department of Labor — PERM (Permanent Labor Certification): https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent
- U.S. Department of State — The Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
- U.S. Citizenship and Immigration Services — Fee Calculator: https://www.uscis.gov/feecalculator
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