EB-3 Skilled Workers

The EB-3 visa category provides a pathway to permanent residency for skilled workers, professionals, and other workers who wish to immigrate to the United States on a permanent basis. This employment-based preference category serves individuals with specific skills and qualifications seeking long-term employment opportunities in the U.S.

Three Categories of EB-3 Eligibility

EB-3 Skilled Workers

The EB-3 Skilled Worker category is specifically designed for individuals whose jobs require a minimum of two years of training or work experience. Unlike higher preference categories, the position cannot qualify as extraordinary ability, advanced degree, or managerial in nature.

Key Requirements

• Job offer from a U.S. employer for permanent, full-time employment
• Labor certification approved by the Department of Labor
• At least two years of job experience or training
• Employer demonstration that no qualified U.S. workers are available
• Ability to perform the job being offered

EB-3 Professionals

The EB-3 Professional category is for individuals whose positions require at least a U.S. bachelor's degree or foreign equivalent degree. The degree must be a standard requirement for the occupation in the United States.

EB-3 Other Workers

This category covers positions requiring less than two years of training or experience. This includes unskilled labor positions across various industries such as food service, construction, hospitality, and healthcare support.

The Other Workers category typically experiences longer wait times due to the limited number of visas allocated annually for this subcategory.

PERM Labor Certification

All EB-3 categories require the employer to complete the Program Electronic Review Management (PERM) labor certification process before filing an immigrant petition. This process verifies that:

• The employer is offering a wage that meets or exceeds the prevailing wage
• The job opportunity has been properly advertised to U.S. workers
• No qualified, willing, and able U.S. workers are available for the position
• Hiring a foreign worker will not adversely affect wages and working conditions of similarly employed U.S. workers

Timeline Expectations

The EB-3 process generally takes longer than higher preference categories like EB-1 or EB-2. Current processing times typically range from:

• PERM Labor Certification: 6-12 months
• I-140 Petition: 4-8 months (or 15 days with premium processing)
• Adjustment of Status or Consular Processing: Varies significantly based on country of chargeability and visa availability

Country-Based Limitations

The EB-3 category is subject to annual numerical limitations and per-country caps. Applicants from heavily oversubscribed countries often experience longer wait times due to visa retrogression. Retrogression status changes monthly — check the current State Department Visa Bulletin for which countries are presently backlogged in each EB-3 subcategory.

How Serianni Law Can Help

Navigating the EB-3 visa process requires careful planning and attention to detail. At Serianni Law, we provide comprehensive guidance through every stage of the process, from initial eligibility assessment to permanent residency.

Demian Serianni, Esq. works with both employers and employees to develop strategic approaches that address timing concerns, documentation requirements, and potential challenges that may arise during the EB-3 process.