EB-3 Employment-Based Immigration

U.S. Employer-Sponsored Third Preference Green Card Guide

Overview

The Employment-Based Third Preference category (EB-3), officially Employment-Based Immigration: Third Preference, is a U.S. employment-based immigrant classification. It requires a permanent, full-time job offer and a labor certification from a qualified U.S. employer. The employer first obtains a labor certification (PERM) from the U.S. Department of Labor, then files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). Once approved and a visa number becomes available, the applicant may obtain a U.S. green card.

Any duly qualified U.S. employer with sufficient scale and financial capacity may sponsor a foreign worker under EB-3.

Three Subcategories

EB-3 divides applicants into three groups:

1. Skilled Workers

• Job requires at least 2 years of training or work experience.
• Position must be permanent, not temporary or seasonal.
• Relevant post-secondary education may be counted as training.

2. Professionals

• Job requires at least a U.S. bachelor’s degree or a foreign equivalent.
• The bachelor’s degree is the normal minimum entry requirement for the occupation.
• Education and experience cannot be substituted for the degree.

3. Other Workers (Unskilled Workers)

• Capable of performing non-technical work (less than 2 years of training or experience).
• Position must be permanent, not temporary or seasonal.

Special Case — Schedule A Occupations

For certain designated occupations, applicants may file under EB-3 without the traditional PERM labor certification process. The employer submits the labor certification request directly to USCIS under Schedule A. Two groups of occupations are recognized by both the Department of Labor and USCIS:

• Group I: Professional nurses and physical therapists.
• Group II: Individuals with exceptional ability in the sciences or arts (including college and university teachers), and those with exceptional ability in the performing arts.

EB-2 vs. EB-3

The key difference between EB-2 and EB-3 lies in the minimum degree and experience requirements stated on the labor certification job offer:

• If the position requires at least a master’s degree, or a bachelor’s degree plus 5 years of progressive related experience, the case is classified as EB-2.
• If the position requires a bachelor’s degree, at least 2 years of skilled experience, or no specific degree or skill, the case is classified as EB-3.

Required Evidence by Category

Employer Obligations

• The sponsoring employer files Form ETA-9089 (Labor Certification) with the U.S. Department of Labor.
• The employer files Form I-140 with USCIS.
• The employer must prove the ability to pay the offered wage, using annual reports, federal income tax returns, or audited financial statements.

Processing Steps

1. Case review and matching with a qualifying U.S. employer.
2. Employer files the labor certification application.
3. Obtain approval from the U.S. Department of Labor.
4. File Form I-140; receive USCIS approval.
5. Wait for the priority date to become current per the Visa Bulletin; receive notice from the National Visa Center (NVC).
6. Medical examination and interview at the U.S. Consulate (e.g., Guangzhou).
7. Receive the immigrant visa; enter the U.S. within 6 months.
8. Receive permanent resident (green card) status.

Processing Times (Reference)

• Skilled Workers and Professionals: approximately 4 months for I-140 adjudication.
• Other Workers: approximately 9 months.

Visa Bulletin / Backlog

• Backlogs are tracked separately for skilled and unskilled worker categories.

If the applicant currently resides outside the United States, only Table A of the monthly Visa Bulletin needs to be checked; Table B is not required for applicants outside the U.S.

Fees (Reference)

1. I-140 filing fee: $715
2. I-140 premium processing fee: $2,965
3. Asylum program fee: $300 (employer with fewer than 25 employees) / $600 (employer with 25 or more employees)
4. NVC visa fee: $345 per person
5. Biometrics (fingerprint) fee: $30 per person
6. Immigrant fee / entry fee: $235 per person

Derivative Family Members

The spouse and unmarried children under 21 years of age of the principal applicant may immigrate together with the principal applicant as derivatives.

Document Checklist (Applicant)

1. Copy of national ID card (both sides)
2. Valid passport and copy
3. Household registration copy (all pages, including the head-of-household page)
4. Marriage certificate / single-status certificate
5. Two U.S. visa photos
6. Birth certificates for all family members
7. Police clearance / no criminal record certificate
8. Any other supporting documents