The EB3 visa is a green card for persons who are (1) professionals that have at least a bachelor’s degree (or its foreign equivalent) and a job offer where the position requires a bachelor’s degree under industry norms, (2) skilled workers that have the qualifications to perform a job which requires at least 2 years of training or work experience, or (3) other workers that are able to perform an unskilled job which requires less than 2 years in training or work experience.
Under the INA §203(b)(3), 8 USC §1153(b)(3), the EB3 visas are part of the third preference employment-based immigrant visas where a permanent full-time (cannot be temporary or seasonal work) job offer from a U.S. sponsoring employer is required and an approved PERM labor certificate is also required unless the occupation falls under a Schedule A exception.
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Table of Contents
There are three types of workers under the EB3 green card petitions: (1) professional workers that require at least a bachelor’s degree, (2) skilled workers that require at least 2 years of training or experience, and (3) unskilled workers that can perform an unskilled job which requires less than 2 years in training or work experience.
A person qualified as a professional under the EB3 green card must be (1) a member of a profession and have (2) a bachelor’s degree (or its foreign equivalent), (3) a job offer where the position requires a bachelor’s degree under industry norms (i.e., the bachelor’s degree requirement must be a common standard for entry into that occupation), and (4) meet any other qualification requirements listed in the PERM labor certification. The bachelor’s degree under the EB3 green card petitions cannot be substituted by combinations of educational degrees and/or work experience.
Provisional degrees that verify all degree requirements are completed before the university’s next commencement ceremony can be used to calculate the start date for the post-college work experience.
The Electronic Database for Global Education (EDGE) is usually used by the USCIS (United States Citizenship and Immigration Services) to evaluate the equivalency of a foreign degree to a U.S. degree. For example, EDGE determined in one case that a 3-year bachelor’s degree from India was not equivalent to a U.S. bachelor’s degree. Or in another case, a bachelor of education with a 3-year bachelor of science from India was only equivalent to a U.S. bachelor’s degree.
A person qualified as a skilled worker under the EB3 green card must have (1) a permanent full-time (cannot be temporary or seasonal) job offer to perform skilled labor that requires at least 2 years of training or work experience and (2) the person must have at least 2 years of education, training, or work experience that meets the qualification requirements listed in the PERM labor certification.
The requirements for skilled workers under the EB3 green card petition can be substituted by combinations of educational degrees and/or work experience. For example, related post-secondary education (e.g., trade and vocation schools) may be counted as training.
A person qualified as other workers (unskilled worker) under the EB3 green card must have (1) a permanent full-time (cannot be temporary or seasonal) job offer to perform unskilled labor that requires less than 2 years of training or experience and (2) the person must meet any other qualification requirements listed in the PERM labor certification.
For the professional worker subcategory, the EB3 green card petition has two main requirements that need to be satisfied: evidence must be provided to the USCIS to show that the person has (1) a job offer for a position that requires a bachelor’s degree under industry norms and (2) the person has such a bachelor’s degree (or its foreign equivalent).
For the skilled worker subcategory, the EB3 green card petition has two main requirements that need to be satisfied: evidence must be provided to the USCIS to show that the person has (1) a job offer for a skilled labor position that requires at least 2 years training or work experience, and (2) the person has at least 2 years of education, training, or work experience.
For the other worker (unskilled worker) subcategory, the EB3 green card petition has two main requirements that need to be satisfied: evidence must be provided to the USCIS to show that the person has (1) a job offer for an unskilled labor position that requires less than 2 years of training or experience, and (2) the person has met the qualification requirements listed for the job.
Documents Required for the EB3 Green Card
Commonly used documents to prove that the person is qualified under the EB3 green card petition includes but is not limited to:
- Employment contract or offer letter from the U.S. sponsoring employer
- Official academic record of degree (i.e., a bachelor’s degree is required if filed under EB3 professionals)
- Educational transcripts and course descriptions
- Foreign degree/credential evaluations (i.e., foreign education evaluations are used to determine the equivalency of a foreign degree to a U.S. degree) are required when a foreign degree is used
- Certificates of specialized training
- Letters from former professors or instructors that verify course completion or training in a specialized area
- Letters from former employers that verify past employment and work experience (must include employment dates and a description of the person’s job duties)
- Supporting documents that verify past employment, such as W-2 tax forms, pay stubs, termination letter, employment contract, or offer letter
- Documents that show the U.S. sponsoring employer has continuing ability to pay the offered wage as of the priority date, such as annual reports, federal income tax return, audited financial statement
- An approved PERM labor certification (ETA Form 9089)
- An uncertified PERM labor certification (ETA Form 9089) if Schedule A is filed
The original statutory wording for the evidentiary requirements of the EB3 green card can be found in 8 CFR 204.5(l).
The total time an EB3 green card takes is consisted of the processing time for (1) the PERM labor certification (ETA Form 9089) with the U.S. Department of Labor if not filed under Schedule A, (2) the EB3 green card petition (Form I-140) with the USCIS, and (3) the change of status when the person’s priority date becomes current by filing the Form I-485 application if adjusting status within the United States or the DS-260 application if doing consular processing at a U.S. consulate or embassy located outside the United States.
Factors that influence the EB3 green card petition processing time usually include but is not limited to where the person (or spouse) was born, if there was any Request for Evidence (“RFE”) issued, audits of PERM recruitments, and the caseload of the DOL, USCIS service center, and the U.S. consulate or embassy.
A rough estimate for the PERM labor certification is around 6 to18 months depending on if the U.S. sponsoring employer is audited for the recruitment process. The PERM labor certificate is a process with the U.S. Department of Labor where the U.S. employer will have to show an effort in trying to hire available and qualified U.S. workers for the job position offered to the foreign worker. The purpose of the PERM labor certification is to make sure that hiring foreign workers will not harm U.S. workers. The PERM labor certification process includes posting job advertisements on certain recruitment platforms and interviewing the U.S. workers who respond to those job postings. An approved PERM labor certification usually takes around 6 to 12 months to complete.
The one exception that allows the PERM labor certificate to be waived under the EB3 green card petition is when the person’s occupation falls under Schedule A. Occupations under Schedule A are pre-certified by the U.S. Department of Labor as having a shortage in available and qualified U.S. workers which means that hiring foreign workers in those certain occupations will not harm U.S. workers. Current occupations under Schedule A include 2 groups: (1) Group I: professional nurses and physical therapists, and (2) Group II: persons of exceptional ability in the performing arts, sciences, or arts. Schedule A Group I are usually used for EB3 green card petitions and Schedule A Group II are usually used for EB2 green card petitions.
A rough estimate for the Form I-140 petition is around 6 to 12 months. However, premium processing (Form I-907) is available for the Form I-140 petition part of the EB3 green cards. Premium processing is an optional expedited service where the USCIS guarantees that the case will be processed within 15 calendar days (not business days). When a notice of intent to deny (NOID) or a request for evidence (RFE) is issued, a new 15 calendar day will start when the USCIS receives a response from the applicant. If the USCIS fails to process within the time frame, a refund of the service fee will be given and the case will continue to be expedited. Please note that USCIS’s guaranteed response may be an approval notice, denial notice, notice of intent to deny (NOID), request for evidence (RFE), or open an investigation for fraud or misrepresentation.
The current premium processing fee for the EB3 green card is $2500 USD and it can be requested when the original petition is submitted to the USCIS or an upgrade to premium processing can be done when the case is pending.
There are two parts in the processing time for a change of status: (1) the time to when the person’s EB3 green card petition priority date becomes current which can range from no wait time to multiple years depending on what country the person or their spouse was born in, and (2) the time to process Form I-485 for adjustment of status or DS-260 for consular processing which a rough estimate can range from 4 to 15 months.
After the USCIS approves the EB3 green card petition (Form I-140), the person will then wait for their priority date to become current to apply for a change of status into a green card holder (lawful permanent resident). The priority date for EB3 green card petitions can be the date that the USCIS receives the immigration petition (Form I-140) OR the date that the U.S. Department of Labor (DOL) receives the PERM labor certification (ETA Form 9089) request. For people from most countries, their EB3 green card petitions will usually have a current priority date at the time of filing (or a priority date with a relatively short wait time to become current). For people from China and India, the wait time for their priority date under an EB3 green card petition to become current is relatively long within this green card visa category.
The reason as to why there are different wait times for a priority date to become current is due to the total limit on how many green cards (immigrant visas) can be given out each year and a separate limit on how many green cards are allotted for each country. For people born in certain countries (based on country of birth and not country of citizenship) such as China or India, there is usually not enough available visas (green cards) each year due to high-volume immigration from those countries so they would have to wait for their visas (green cards) to become available which would be based on when their priority date becomes current in the monthly Visa Bulletin released by the U.S. Department of State (DOS).
Cross-chargeability is often used when the person’s country of birth has a visa backlog problem but the country of birth for the person’s spouse does not. The person born in the country that has a visa availability backlog problem will use the cross-chargeability rule to be charged against (use the quota of) the spouse’s country instead (this usually results in obtaining the green card much earlier). For example, a person born in China (which usually has a visa availability backlog problem) with a spouse born in South Korea (which does not have a visa availability backlog problem): both of them can use the quota of South Korea instead of China when they apply to change into their green card visa status. It does not matter which person is the primary person pursuing the green card petition.
Minor children can be charged to either parent’s country of birth, or in some circumstances the child can be charged to a third country that neither parent was born in or had residence in when the child was born. For example, both parents were born in Japan but their child was born in China during a temporary vacation there: the child can be charged against the quota of Japan. Under most circumstances, derivative beneficiaries (such as the spouse or children of green card visa applicants) cannot be eligible to apply to change into their green card visa status before the principal green card visa applicant.
Please note that parents cannot use their minor children’s country of birth under the cross-chargeability rule. For example, both parents were born in China and their child was born in Japan. The parents cannot use Japan which is their child’s country of birth and would still need to use China which is their own country of birth to wait for their green card.
Changing into the green card visa status (the lawful permanent resident immigrant visa status) is the final step in being able to work freely and live permanently in the United States. There are two ways to obtain the green card visa status: adjustment of status and consular processing.
Adjustment of status is usually for a person who is already in the United States with a valid nonimmigrant visa status and has maintained a lawful visa status throughout their time within the United States. On the other hand, consular processing is for a person living outside the United States or for a person who is ineligible in adjusting their status in the United States.
For a person who is residing overseas (outside the United States) or a person who is ineligible for an adjustment of status with the Form I-485 application, consular processing must be done to obtain the EB3 green card visa status (i.e., lawful permanent resident). Consular processing usually involves the person attending an in-person interview at the U.S. consulate or embassy located in their home country. In certain circumstances, a person can do consular processing in another country as a “Third Country National.”
After the interview approval at the U.S. consulate or embassy, the person would have to be admitted entry into the United States by the CBP officer at the border (usually at the airport). In other words, the person would have to physically enter the United States after their interview approval as the final step for their EB3 green card visa status to be activated.
For a person who is already in the United States with a valid nonimmigrant visa, there are usually two options available to obtain the EB3 green card visa status (Lawful Permanent Resident):
(1) Adjustment of Status: this is the more commonly chosen option where the person would file a Form I-485 application to adjust their status without leaving the United States. The person would attend an in-person interview at a local USCIS office in the United States and the interview approval would serve as the final step for their EB3 green card visa status to be activated.
The adjustment of status application (Form I-485) can be filed when the person’s priority date becomes current in the Visa Bulletin which means that there are no backlogs in visa availability for the person’s country of birth (not country of citizenship). This can happen while the green card petition (Form I-140) is still pending (i.e., before approval) with the USCIS or after the green card petition (Form I-140) is approved by the USCIS. It can also happen in concurrent filings (Form I-140 and Form I-485 sent together) where the person’s priority date is already current at the time of filing the green card petition (Form I-140) to the USCIS.
When the adjustment of status application (Form I-485) is filed, applications for the employment authorization document (Form I-765, commonly known as the “EAD card”) and the travel document (Form I-131, commonly known as “Advance Parole”) can also be filed at the same time.
The EAD card allows unrestricted employment where a person can change their job freely and can legally work for any employer in the United States, unlike a work visa such as an H1B visa which restricts a person to work for a specific employer in the United States.
Advance parole allows a person to travel internationally while their adjustment of status is still pending. If a person has a pending adjustment of status application (Form I-485) with the USCIS but leaves the United States without advance parole and does not have a certain valid nonimmigrant visa status (H1B visa, H4 visa, L1 visa, L2 visa, K3 visa, K4 visa, V visa) that allows international travel, their adjustment of status will be considered abandoned.
(2) Consular Processing: this is usually chosen if a person cannot show that they have maintained their lawful visa status in the United States or when the processing time for consular processing is much faster than the adjustment of status.
When the EB3 green card petition (Form I-140) is approved for a professional or skilled worker, the person’s spouse and dependent children (unmarried and under the age of 21) may be eligible to enter the United States under the E-34 or E-35 immigrant status, respectively.
When the EB3 green card petition (Form I-140) is approved for an unskilled worker, the person’s spouse and dependent children (unmarried and under the age of 21) may be eligible to enter the United States under the EW4 or EW5 immigrant status, respectively.
The EB3 visa is one of the most popular and common way to obtain an employment-based green card. The EB3 green card subcategory for professionals is for persons who have a bachelor’s degree and a job offer for a job position that requires a bachelor’s degree under industry norms. The EB3 green card subcategory for skilled workers is for persons who are qualified to perform a permanent full-time job that requires at least 2 years of training or work experience. The EB3 green card subcategory for other workers (unskilled workers) is for persons who are able to perform a permanent full-time unskilled job that requires less than 2 years of training or work experience.
The EB3 green card petitions have lower qualification (eligibility) requirements in regards to the person and the job offer when compared to other employment-based green cards, however, the requirements of a U.S. sponsoring employer and an approved PERM labor certificate are strictly enforced with one exception where the PERM labor certificate is waived when the occupation falls under Schedule A (typically Group I for professional nurses and physical therapists). Due to the EB3 green card being in the third preference employment-based immigrant visa category, persons from certain countries (e.g., China and India) usually encounter visa availability backlog problems.
The exception to the PERM labor certificate requirement under the EB3 green card petition is when the occupation falls under Schedule A. Occupations under Schedule A are pre-certified by the U.S. Department of Labor as having a shortage in available and qualified U.S. workers, and thus hiring foreign workers in those certain occupations will not harm U.S. workers. Current occupations under Schedule A are: (1) Group I: professional nurses and physical therapists, and (2) Group II: persons of exceptional ability in the performing arts, sciences, or arts.
The main benefit in avoiding the PERM labor certificate is to cut down the uncertainty that the recruitment process presents and to shorten the timeline of the EB3 green card petition as the PERM labor certification usually takes roughly around 6 to 18 months depending on whether there is an audit required by the U.S. Department of Labor.
Other alternative employment-based green card petitions usually require a higher standard in eligibility than the EB3 green card petitions, however, there are still possibilities for the person to work towards satisfying those standards.
The closest alternative for people who qualify for an EB3 green card petition under the professionals subcategory is the EB2 green card petition under the advanced degree subcategory. The EB2 advanced degree green cards are for persons who have at least a master’s degree (or a bachelor’s degree and 5 years of post-college progressive work experience) and have a job offer for a position that requires that specific type of degree. For persons who do not have a higher educational degree and do not intend on pursuing one, they may still have the possibility of filing an EB2 green card petition under the exceptional ability subcategory. The EB2 exceptional ability green card is for persons who have exceptional ability in the sciences, arts, or business.
Other alternative employment-based green card petitions can include: (1) EB1 green cards (science, business, arts, athletics, educations, outstanding professors or researchers, multinational executives or managers), (2) EB2 green cards under Schedule A Group II (performing arts, science, arts), (3) EB2 green cards filed with a National Interest Waiver (EB2 NIW), (4) EB2 green cards filed with a Physician’s National Interest Waiver (EB2 PNIW), and (5) EB3 green cards under Schedule A Group I (professional nurse, physical therapist). Employment-based green cards that are not as similar as the EB3 green card include the EB4 green card that is commonly used for religious workers and the EB5 green card used by foreign investors who put a certain amount of capital (money) into a U.S. business.
The EB1 green card petitions require the highest standards in eligibility. There are three subcategories under the EB1 green card (1) persons who are nationally or internationally recognized for their extraordinary ability in the sciences, arts, education, business, or athletics (EB1a green card), (2) professors or researchers who are internationally recognized as outstanding in their academic field (EB1b green card), or (3) executives or managers of multinational companies (EB1c green card). EB1 green card petitions do not require a PERM labor certification and the EB1a green card subcategory (for aliens of extraordinary ability) does not even require a specific U.S. employer for the petition just proof that the person will continue to work in their field of expertise.
The Schedule A Group I EB3 green cards are for persons who are professional nurses or physical therapists. The Schedule A Group II EB2 green cards are for persons who have exceptional ability in the performing arts, sciences, or arts. A national interest waiver can be filed with an EB2 green card petition when the person qualifies for an EB2 green card and is also qualified in being able to make contributions that substantially benefit the United States as a nation. A physician’s national interest waiver can be filed with an EB2 green card petition for certain doctors who agrees to provide healthcare services in certain U.S. government-designated facilities or medical personnel shortage areas.
If you have an EB3 green card (Professionals, Skilled Workers, Unskilled Workers) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the EB3 green card is the appropriate immigrant visa category for the client’s (or the client’s beneficiary’s) professional background. We will work closely with our client to prepare a convincing case for their (or it’s) EB3 green card petition and we will also strategize on how the EB3 green card petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an EB3 green card petition due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
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- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued