August 11, 2025

EB-3 Visa Requirements: Who Qualifies?

If you are an overseas worker hoping to live and work permanently in the United States, the EB-3 employment-based green card is one of the most common pathways. EB-3 stands for Employment-Based, Third Preference, and it exists for skilled workers, professionals, and other (unskilled) workers who have a U.S. employer willing to sponsor them.

This post explains the core EB-3 visa requirements and who qualifies. It is meant to help you understand the general framework so you can have a more informed conversation with a licensed immigration attorney.

The Core EB-3 Requirements

Every EB-3 case, regardless of subcategory, rests on the same foundation. To be eligible, you generally need all three of the following:

A U.S. employer sponsor. You cannot self-petition for EB-3. A U.S. employer must act as your petitioner and file Form I-140, Immigrant Petition for Alien Worker, on your behalf.
A permanent, full-time job offer. The position must be permanent and full-time, not temporary or seasonal.
An approved labor certification (or Schedule A designation). Before filing the I-140, the employer must generally obtain an approved PERM labor certification from the U.S. Department of Labor. PERM is the process where the employer tests the U.S. labor market and attests that no qualified, willing U.S. worker is available for the job. Certain shortage occupations designated under Schedule A are pre-certified by DOL, so the standard PERM recruitment is not required for them.

You must also meet the specific education, training, or experience requirements stated in the job offer and the labor certification. If the certified job requires two years of experience, you must actually have those two years documented.

The Three EB-3 Subcategories

EB-3 is divided into three subcategories, each with its own eligibility standard. Which one applies depends on the requirements of the sponsoring job.

Skilled Workers

This subcategory is for jobs that require at least two years of job training or work experience that is not temporary or seasonal. Relevant post-secondary education may count as training. You must meet the education, training, or experience requirements spelled out in the labor certification.

Professionals

This subcategory is for jobs that require a U.S. bachelor’s degree (or a foreign equivalent degree), and you must be a member of the profession. An important limitation: for the Professional subcategory, education and experience may not be substituted for the required degree. The degree must be a single source degree — a combination of lesser degrees or work experience will not satisfy this specific requirement.

Other Workers (Unskilled)

This subcategory is for jobs that require less than two years of training or experience and that are not temporary or seasonal. It is worth noting that EB-3 “Other Workers” have a smaller share of available visas each year, which can affect wait times.

Your Family Can Come With You

One of the most reassuring parts of the EB-3 process is that your immediate family is included. When your EB-3 petition succeeds, your spouse and your unmarried children under the age of 21 can apply for green cards as derivatives of your case — they do not need their own separate employer or petition.

A Note on Country of Birth and Wait Times

Employment-based green cards are subject to annual limits and a per-country cap of roughly 7%. Because of this, applicants born in India and China currently face significantly longer waits — often more than ten years for EB-3, depending on the monthly Visa Bulletin.

Overseas Job Solutions focuses on workers from the Rest of World — including countries such as the Philippines, Mexico, and Nigeria — where the wait, while still requiring patience, is generally more current than for India and China. Wait times change every month, so always check the live Visa Bulletin for your country and category.

Frequently Asked Questions

Can I apply for an EB-3 visa on my own, without an employer? No. EB-3 requires a U.S. employer to sponsor you by filing Form I-140. There is no self-petition option in the EB-3 category.

Do I need a college degree to qualify for EB-3? Not necessarily. A bachelor’s degree is required only for the Professional subcategory. The Skilled Worker subcategory requires at least two years of training or experience, and the Other Workers subcategory requires less than two years. The right subcategory depends on the requirements of the specific job you are offered.

What is PERM labor certification? PERM is the U.S. Department of Labor process in which your sponsoring employer confirms there are no qualified, willing, and available U.S. workers for the position and that hiring you will not adversely affect U.S. workers. An approved PERM labor certification is generally required before the employer files the I-140. Some shortage occupations under Schedule A are pre-certified and skip the standard recruitment step.

Can my spouse and children immigrate with me? Yes. Your spouse and your unmarried children under 21 may qualify as derivative applicants and can immigrate 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 the 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 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