EB-3 Visa for Caregivers: A Practical Guide
December 22, 2025

EB-3 Visa for Caregivers: A Practical Guide

Caregiving is one of the most in-demand roles across the United States, and many overseas caregivers ask whether the EB-3 employment-based green card can be a pathway to permanent residency. This post explains how the EB-3 visa for caregivers generally works, which subcategory usually applies, and what a caregiver should understand before speaking with a licensed immigration attorney.

This is general information, not legal advice. Every case turns on its own facts.

Where Caregivers Fit in EB-3

EB-3 stands for Employment-Based, Third Preference. It has three subcategories, each defined by what the sponsoring job requires:

  • Skilled Workers — jobs needing at least two years of training or experience
  • Professionals — jobs needing a U.S. bachelor’s degree or foreign equivalent
  • Other Workers (Unskilled) — jobs needing less than two years of training or experience, that are not temporary or seasonal

Most caregiver, home health aide, and personal care roles require less than two years of formal training, so they typically fall under the EB-3 “Other Workers” subcategory. If a specific caregiver position is certified to require two or more years of documented experience or training, it may instead fall under Skilled Workers. The category is driven by the requirements of the actual, certified job — not by a job title alone.

It is important to know that EB-3 “Other Workers” have a smaller slice of the annual visa supply. The U.S. Department of State notes that of roughly 40,000 EB-3 visas available each year, no more than 10,000 may go to the “Other Workers” group. This can affect wait times.

The Core Requirements for a Caregiver

Regardless of subcategory, an EB-3 caregiver case rests on the same foundation:

  1. A U.S. employer sponsor. You cannot self-petition. A U.S. employer must act as your petitioner and file Form I-140, Immigrant Petition for Alien Worker.
  2. A permanent, full-time job offer. The caregiving position must be permanent and full-time — not temporary, seasonal, or on-call casual work.
  3. An approved labor certification. For most caregiver roles, the employer must obtain an approved PERM labor certification from the U.S. Department of Labor before filing the I-140.

You must also meet the exact education, training, or experience requirements stated in the job offer and labor certification.

What PERM Means for Caregivers

PERM is the U.S. Department of Labor process in which your sponsoring employer tests the U.S. labor market and attests that no qualified, willing, and available U.S. worker was found for the position, and that hiring you will not adversely affect U.S. workers. The employer requests a prevailing wage determination first, and the wage offered generally must be at or above that prevailing wage.

Caregiver roles are usually not on the Department of Labor’s Schedule A shortage list — that list covers professional nurses and physical therapists, not home health aides — so caregivers generally go through standard PERM recruitment.

A Realistic View of the Timeline and Wait

The EB-3 process has several stages: prevailing wage, PERM recruitment and certification, the employer’s I-140, and then waiting for your priority date to become current on the monthly Visa Bulletin before you can pursue the immigrant visa or adjustment of status.

Employment-based green cards are subject to annual limits and a per-country cap of roughly 7%. Because of this, and because “Other Workers” have a limited allotment, waits can be long — especially for high-demand countries. Overseas Job Solutions focuses on workers from the Rest of World, including countries such as the Philippines, Mexico, and Nigeria, where the wait is generally more current than for the most backlogged countries. Wait times change every month, so always check the live Visa Bulletin for your country and category.

Employer “Ability to Pay”

One of the most common reasons EB-3 petitions receive a Request for Evidence or denial is the employer’s ability to pay the offered wage from the priority date onward. A sponsoring employer generally must demonstrate this through annual reports, federal tax returns, or audited financial statements. This is worth discussing early with any prospective sponsor and your attorney.

Frequently Asked Questions

Can a caregiver really get a green card through EB-3? A caregiver may qualify for an EB-3 green card if a U.S. employer offers a permanent, full-time position and completes the required labor certification and I-140 petition. Qualifying and being approved are never guaranteed — every case depends on individual facts, employer eligibility, and visa availability.

Which EB-3 category do caregivers fall under? Most caregiver and home health aide roles fall under EB-3 “Other Workers,” because they typically require less than two years of training. A role certified to require two or more years of experience may fall under Skilled Workers instead.

Do caregivers need to complete PERM? Usually yes. Unlike professional nurses and physical therapists, caregivers are generally not covered by Schedule A pre-certification, so the employer typically must complete standard PERM labor certification.

Can my family come with me? Yes. Your spouse and unmarried children under 21 may qualify as derivative applicants based on your approved EB-3 petition.

A Few Important Reminders

Immigration outcomes are never guaranteed. No employer, agency, or attorney can promise you a job, an approved petition, a green card, or a specific timeline — these depend on your individual facts, government processing, and visa availability.

Government fees and processing rules change. Any fee or date referenced here is as of July 2026 — verify current figures at the official USCIS Fee Calculator: https://www.uscis.gov/feecalculator before relying on them.

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 — Permanent Workers: https://www.uscis.gov/working-in-the-united-states/permanent-workers
  • U.S. Department of Labor — PERM (Permanent Labor Certification): https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent
  • U.S. Department of Labor — Prevailing Wage Information: https://www.dol.gov/agencies/eta/foreign-labor/wages
  • U.S. Department of State — Employment-Based Immigrant Visas: https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html
  • 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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