USA EB-3 (Skilled Workers)

Understanding the EB-3 Skilled Workers Visa

The EB-3 visa is an immigrant visa category that allows certain foreign workers to become lawful permanent residents (Green Card holders) in the United States based on a permanent, full-time job offer. The EB-3 category is divided into three distinct sub-categories:

• Skilled Workers: For individuals whose jobs require at least two years of training or work experience.
• Professionals: For individuals holding a U.S. baccalaureate degree or its foreign equivalent, performing work for which a bachelor’s degree is a normal requirement.
• Other Workers (Unskilled Workers): For individuals performing unskilled labor requiring less than two years of training or experience.

The EB-3 Skilled Workers sub-category is designed for individuals with practical skills and experience that are needed by U.S. employers, but may not necessarily require a bachelor’s degree.

Eligibility Requirements for EB-3 Skilled Workers

To qualify for the EB-3 Skilled Workers visa, both the prospective immigrant and the U.S. employer must satisfy specific requirements.

For the Applicant (Skilled Worker):

• Experience/Training: Must possess a minimum of two years of training or work experience in the occupation for which the permanent job offer is extended. Relevant post-secondary education can also be considered as training.
• Job Offer: Must have a permanent, full-time job offer from a U.S. employer. The job offered must be one for which a minimum of two years of experience or training is the normal requirement for entry into the profession.
• Meet Job Requirements: Must demonstrate that they meet all educational, training, or experience requirements specified on the labor certification.

For the U.S. Employer (Petitioner):

• Labor Certification: The employer must obtain an approved Labor Certification from the U.S. Department of Labor (DOL) for the position. This process, known as PERM (Program Electronic Review Management), verifies that there are no qualified U.S. workers available and willing to fill the position, and that employing the foreign worker will not negatively impact the wages and working conditions of U.S. workers.
• Ability to Pay: The employer must demonstrate a continuous ability to pay the offered wage from the priority date until the applicant obtains permanent residency. This is typically shown through financial statements, tax returns, or annual reports.

The EB-3 Skilled Workers Visa Application Journey

The EB-3 visa process generally involves three main stages, primarily initiated by the sponsoring U.S. employer:

Step 1: PERM Labor Certification (Employer’s Responsibility)

This is the foundational step. The U.S. employer must engage in a recruitment process to test the U.S. labor market for the specific skilled position. This typically includes:

• Obtaining a Prevailing Wage Determination (PWD) from the DOL for the job in the relevant geographic area.
• Conducting prescribed recruitment efforts, such as advertising in newspapers, online job boards, and with the State Workforce Agency.
• Carefully reviewing applications from U.S. workers and documenting legitimate, job-related reasons why they are not qualified or available for the position.

If no qualified U.S. workers are found, the employer files Form ETA-9089, Application for Permanent Employment Certification, with the DOL. Certain occupations, like professional nurses and physical therapists (under Schedule A, Group I), are pre-certified by the DOL as having a shortage of U.S. workers and do not require the full PERM process.

Step 2: Immigrant Petition (Form I-140) (Employer’s Responsibility)

Once the PERM Labor Certification is approved by the DOL (or if the occupation falls under Schedule A), the employer then files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition formally requests to classify the foreign worker under the EB-3 Skilled Workers category. Supporting documents include the approved labor certification and evidence that the foreign worker meets the experience/training requirements.

• Premium Processing: An option for an additional fee, Premium Processing can expedite the adjudication of Form I-140 to within 15 calendar days.

Step 3: Visa Application or Adjustment of Status (Applicant’s Responsibility)

After the Form I-140 is approved, the final phase depends on the applicant’s current location:

• Consular Processing (Outside the U.S.): If the applicant is outside the U.S., they will apply for an immigrant visa at a U.S. Embassy or Consulate in their home country. This involves submitting Form DS-260, Immigrant Visa Application, attending a visa interview, and undergoing a medical examination.
• Adjustment of Status (Inside the U.S.): If the applicant is already in the U.S. on a valid nonimmigrant visa and their priority date (the date the PERM application was filed) is current according to the monthly Visa Bulletin, they may file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This allows them to obtain lawful permanent residency without leaving the United States. Spouses and unmarried children under 21 years of age are typically eligible to apply for derivative visas or adjust their status concurrently.

Navigating Processing Times and the Visa Bulletin

Processing times for the EB-3 Skilled Workers visa can fluctuate considerably due to several factors:

• Country of Chargeability: Due to annual country-specific limits on immigrant visas, applicants from high-demand countries (e.g., India, China, Philippines, Mexico) may face significantly longer wait times.
• USCIS Workload: The volume of petitions processed by USCIS service centers can affect how quickly cases are adjudicated.
• Visa Bulletin Cut-Off Dates: The U.S. Department of State publishes a monthly Visa Bulletin, which indicates when immigrant visas are available. An applicant’s “priority date” must be “current” in this bulletin for them to proceed to the final visa application or adjustment of status step. Visa retrogression (when cut-off dates move backward) can sometimes occur.

Estimated Processing Time for EB-3 Skilled Workers Visa:

Disclaimer: These are general estimates as of mid-2025 and are subject to change based on government processing capacities and policy shifts. Always refer to the official USCIS and Department of State websites for the most current information.

Significant Advantages of the EB-3 Skilled Workers Visa

Securing an EB-3 Skilled Workers visa opens doors to a multitude of benefits in the U.S.:

• Permanent Residency (Green Card): The most significant benefit is obtaining a Green Card, granting you the right to live and work permanently anywhere in the United States.
• Pathway to Citizenship: After meeting specific residency and other requirements (typically five years as a Green Card holder), you become eligible to apply for U.S. citizenship.
• Family Unification: Your spouse and unmarried children under 21 years of age can be included in your visa petition and also receive Green Cards, allowing your family to stay together.
• Work Authorization for Dependents: Spouses of EB-3 visa holders can apply for an Employment Authorization Document (EAD), granting them the legal right to work in the U.S.
• Access to Education: Dependent children can attend U.S. public schools and may qualify for in-state tuition rates at colleges and universities.
• Flexibility and Stability: As a permanent resident, you gain long-term stability and greater flexibility in employment, allowing for career growth and the ability to change employers more easily after a reasonable period.
• Financial Benefits: Green Card holders often find it easier to obtain mortgages, loans, and build credit, contributing to long-term financial stability.

Recent Developments and Updates (2024-2025)

The U.S. immigration landscape is dynamic. Staying informed about recent changes is vital:

• Continued Visa Bulletin Volatility: The Visa Bulletin will remain a crucial indicator. While some moderate advancements in cut-off dates for certain countries and categories are possible, significant backlogs, particularly for India and China, are expected to persist in the EB-3 category.
• PERM Processing Backlogs: The Department of Labor’s processing of PERM applications has experienced delays, which can extend the initial phase of the EB-3 process.
• Legislative Momentum: There is ongoing discussion in Congress regarding potential immigration reforms, such as the “Dignity Act,” which could, if passed, exclude derivative family members from annual visa caps. This change, if enacted, could dramatically increase the number of principal applicants processed annually and significantly reduce wait times, especially for the “Other Workers” category within EB-3, potentially also benefiting Skilled Workers by easing overall demand. As of mid-2025, these are still proposed legislative changes.
• Adjusted Filing Fees: USCIS regularly reviews and updates its filing fees. Applicants and employers should always confirm the most current fees directly on the USCIS website before filing.
• Emphasis on Healthcare Workers: Due to ongoing labor shortages in the U.S. healthcare sector, the demand for skilled healthcare professionals through the EB-3 visa (including nurses and physical therapists under Schedule A) is projected to remain consistently high through 2025.