Guide to the EB-3 Green Card (2026)

TL;DR

• EB-3 is the third-preference employment-based green card category. It covers three subcategories: skilled workers (at least two years of training or experience), professionals (bachelor's degree required), and other workers (less than two years of training or experience required).

• EB-3 requires employer sponsorship, a permanent full-time job offer, and PERM labor certification from the Department of Labor in virtually all cases. PERM currently takes approximately 15 to 18 months of DOL processing on average.

• EB-3 has the broadest eligibility requirements of any employment-based category, covering a wide range of occupations from engineers and nurses to electricians and mechanics.

• Priority dates for EB-3 professionals and skilled workers are approximately the same as EB-2 for India (12+ years) and China (4 to 6 years). For most other countries, EB-3 priority dates are currently available or near-current.

• The EB-3 Other Workers subcategory faces longer backlogs than EB-3 professionals and skilled workers.

• Schedule A occupations (registered nurses, physical therapists, and certain exceptional ability workers) bypass the PERM requirement entirely and can proceed directly to I-140 filing.

• Premium processing for EB-3 I-140 is available at $2,965 (effective March 1, 2026), guaranteeing USCIS action within 15 business days.

What EB-3 Is

The EB-3 is an employment-based third-preference green card category established under INA section 203(b)(3). It is open to three distinct groups of workers: skilled workers, professionals, and other workers. 

All three share the same annual visa allocation (approximately 40,040 visas per year, representing 28.6% of the annual employment-based limit), though the other workers subcategory is subject to a separate sub-cap.

EB-3 is the most broadly accessible employment-based green card category. While EB-1 requires extraordinary achievement or multinational executive status, and EB-2 requires an advanced degree or exceptional ability, EB-3 covers the full spectrum from professional employees with bachelor's degrees to workers in jobs requiring no formal degree but at least two years of experience.

The tradeoff for broader accessibility is a mandatory PERM labor certification process that does not apply to EB-1 categories or EB-2 NIW. PERM is the most time-consuming element of the EB-3 process, currently averaging approximately 15 to 18 months from the initial prevailing wage request to a certified PERM application.

The Three Subcategories

EB-3 Professionals (EB-3B)

Professionals are persons who hold at least a U.S. bachelor's degree or its foreign equivalent and whose position requires a minimum of a bachelor's degree for entry. The degree must be in a field relevant to the offered position. Engineers, accountants, teachers, computer scientists, nurses, architects, and other individuals in degree-required professions commonly qualify.

The applicant must hold the degree at the time of filing, not merely intend to obtain it. Foreign degree equivalency evaluations by a recognized credential evaluation service can establish that a foreign degree is equivalent to a U.S. bachelor's degree.

EB-3 Skilled Workers (EB-3A)

Skilled workers are those who will perform a job requiring at least two years of training or experience. The position itself must require two or more years; if a job could be performed by someone without that experience, it likely does not qualify as skilled under EB-3.

Relevant post-secondary education may be counted as training. This means an electrician with a two-year technical certificate and no additional work experience may qualify if the certificate program constitutes the two years of training required for the position.

Typical skilled worker categories include trades workers (electricians, plumbers, HVAC technicians, automotive mechanics, carpenters), certain technician roles, experienced hospitality workers, and others in occupations with structured training requirements.

EB-3 Other Workers (EB-3C)

Other workers (sometimes called unskilled workers) are those capable of performing unskilled labor whose job requires less than two years of training or experience, and whose work is not of a seasonal or temporary nature. The position must be permanent and full-time.

Common other worker occupations include certain agricultural workers, domestic workers, factory assemblers, and others in jobs with minimal experience requirements. The other workers subcategory has significantly longer priority date backlogs than EB-3 professionals and skilled workers because it shares a separate sub-cap of 10,000 visas per year within the EB-3 allocation.

The PERM Process

PERM (Program Electronic Review Management) is the Department of Labor's process for certifying that no qualified U.S. workers are available for the offered position. It is a mandatory prerequisite for EB-3 petitions in virtually all cases.

The PERM process has three main stages:

• Prevailing wage determination: The employer submits Form ETA-9141 to DOL requesting an official determination of the minimum wage that must be offered for the position. DOL assigns a wage level (I through IV) based on job duties, required education, and experience. The employer must offer at least this wage. Current processing time for prevailing wage determinations is approximately 4 to 8 months.

• Recruitment campaign: The employer must conduct a good-faith recruitment effort to test the U.S. labor market for the specific position. Required recruitment steps vary but generally include two Sunday newspaper advertisements, a state workforce agency job posting, and additional steps depending on whether the position is professional or nonprofessional. The recruitment campaign must be conducted within a specific window, and results must be documented. Any qualified U.S. worker who applies for the position could defeat the certification.

• ETA-9089 application: After completing recruitment, the employer submits Form ETA-9089 (the PERM application) to DOL through the FLAG system. DOL reviews the application and either certifies it or audits it. Certification means DOL has determined the recruitment met requirements and no qualified U.S. workers were available. An audit requires submission of the complete recruitment documentation within 30 days.

Current DOL processing for regular PERM applications averages approximately 15 to 18 months. PERM applications selected for audit add 3 to 5 months or more. There is no premium processing option for PERM.

The EB-3 priority date is established when the ETA-9089 is filed with DOL, not when it is certified or when the I-140 is filed. This makes timely PERM filing the most important action for establishing an early priority date.

After PERM: I-140 Filing

Once PERM is certified, the employer files Form I-140, Immigrant Petition for Alien Workers, with USCIS. The I-140 must be filed within 180 days of the PERM certification for the certification to remain valid for use with that petition.

The I-140 establishes that the beneficiary meets the stated job requirements and that the employer has the ability to pay the offered wage from the priority date through the time of I-140 approval. Ability to pay is documented through an annual report, federal income tax return, or audited financial statement.

Standard EB-3 I-140 processing takes approximately 5 to 7 months for professionals and skilled workers and somewhat longer for other workers. Premium processing at $2,965 (effective March 1, 2026) guarantees a USCIS decision within 15 business days.

Schedule A: The PERM Exemption

Certain occupations have been pre-determined by DOL to have a shortage of qualified U.S. workers, making the standard PERM labor market test unnecessary. These Schedule A occupations can proceed directly to I-140 filing without completing PERM, eliminating 15 to 18 months of DOL processing.

As of 2026, Schedule A occupations include registered nurses, physical therapists, and individuals of exceptional ability in the sciences or arts (with documentation confirming widespread acclaim and international recognition). For these occupations, the employer submits the I-140 directly to USCIS with the labor certification documentation included.

For registered nurses in particular, Schedule A makes the EB-3 pathway significantly faster than it would otherwise be. Many hospitals and healthcare systems sponsor nurses under EB-3 Schedule A precisely for this reason.

Fees

All fees are based on the April 1, 2024 USCIS fee schedule. Verify current fees at uscis.gov/g-1055 before filing.

Priority Dates

EB-3 professionals and skilled workers share priority date charts with EB-2 preference for most countries but follow their own category in the Visa Bulletin. As of April 2026:

• For most countries, EB-3 professional and skilled worker priority dates are current or near-current, meaning applicants can proceed to I-485 filing soon after I-140 approval.

• For India, EB-3 professional and skilled worker dates are approximately the same as EB-2 India, at roughly September 2013, representing a 12-plus year wait.

• For China, EB-3 faces approximately 4 to 6 years of backlog.

For EB-3 Other Workers, backlogs are longer than EB-3 professionals and skilled workers across most countries.

Changing Employers Under AC21

A common concern for EB-3 beneficiaries is what happens if they change employers before the green card process completes. Under AC21, an employee whose I-485 has been pending for 180 or more days may change to a new employer in the same or similar Standard Occupational Classification without jeopardizing the pending green card application. 

The new employer must offer a position in the same or similar occupational classification, and the applicant must document the new position for the USCIS record.

If the employee wants to change employers before the I-485 has been pending for 180 days, the original I-140 may be withdrawn by the employer and the underlying petition may be jeopardized. 

The PERM certification and I-140 belong to the employer-employee relationship as described; they cannot simply be transferred to a new employer without restarting the PERM process.

EB-3 vs EB-2 NIW: Key Differences

Frequently Asked Questions

Can my employer sponsor me for EB-3 if I only have a high school diploma?

Yes, for other workers positions that require less than two years of training or experience. The position and the applicant's qualifications must match the PERM certification. The employee need not have a degree or two years of experience if the job genuinely does not require them.

Can I change the employer on my EB-3 while PERM is pending?

PERM is specific to the employer-employee relationship for a particular job at a particular location. If the employment ends or changes materially before PERM is certified, the PERM generally cannot be used. If the I-485 has been pending for 180 days and the change of employer and occupation falls within AC21 portability, the pending green card can survive the change.

Does my employer pay for PERM costs?

The employer bears all costs associated with PERM labor certification, including prevailing wage determination, recruitment advertising, and attorney fees. An employer cannot require the employee to reimburse PERM or attorney costs. The employer may, but is not required to, cover I-485 filing fees for the employee.

This article is intended for general informational purposes only and does not constitute legal advice. EB-3 requirements, fees, and priority dates change frequently. Always verify current USCIS and DOL requirements before filing. For guidance specific to your situation, consult a licensed immigration attorney.