EB-3 skilled workers and professionals
Green cards for skilled workers, professionals and other workers sponsored by a U.S. employer.
Overview
EB-3 is the third-preference employment-based green card. It covers skilled workers, professionals with a bachelor’s degree, and ‘other workers’ in jobs that need less than two years of training.
Almost every EB-3 case starts with PERM labor certification. The employer must test the U.S. job market and show the Department of Labor (DOL) that no able, willing and qualified U.S. worker is available at the required wage. Then the employer files Form I-140 with USCIS.
The process can take years, so it helps to understand each step, current processing times, and the rules that let a worker change jobs later.
Who qualifies
- Skilled workers: jobs that need at least 2 years of training or experience.
- Professionals: jobs that need a U.S. bachelor’s degree or a foreign equal, and the worker has that degree.
- Other workers: jobs that need less than 2 years of training or experience. This group usually has a longer wait.
- A full-time, permanent U.S. job offer and an approved PERM labor certification are required.
- The employer must show it can pay the offered wage from the priority date until the green card is granted, through annual reports, tax returns or audited financial statements.
- The worker must meet all job requirements listed in the labor certification by the priority date.
- Under AC21, once an I-485 has been pending 180 days, the worker may be able to move to a new job in the same or a similar occupation without starting over.
At a glance
What it is
- Third-preference employment-based green card
- Requires labor certification (PERM)
- Priority dates depend on country of birth
Who it fits
- Employers sponsoring long-term staff
- Workers with a permanent job offer
How we help
- PERM labor certification
- I-140 petitions
- Adjustment of status or consular processing
- Draft job requirements and descriptions that match the employer’s real needs
- Manage the PERM recruitment calendar and audit file
How the process works
Prevailing wage determination
The employer asks DOL for the minimum wage for the job and location.
Form: ETA-9141 (via FLAG)Timing: DOL was working on May 2026 requests as of August 31, 2026
Recruitment
The employer places a 30-day job order with the state workforce agency, runs two Sunday newspaper ads, and posts an internal notice for 10 business days. Professional jobs need three more recruitment steps.
Timing: Within 180 days before filing; the PERM cannot be filed until 30 days after the last required ad or job order ends
File the labor certification
The employer files the PERM application online through DOL’s FLAG system.
Form: ETA-9089 (via FLAG)Timing: Analyst review averaged about 336 days as of August 31, 2026; audits take longer
File the I-140
Within 180 days of PERM certification, the employer files the immigrant petition with proof of ability to pay and the worker’s qualifications.
Form: I-140Timing: Premium processing available (15 business days)
Wait for the priority date
The PERM filing date is the priority date. Check the monthly Visa Bulletin.
Timing: China EB-3 final action date was Jan. 1, 2022 in the September 2026 bulletin
Adjust status or consular process
File for the green card in the U.S. or through a consulate. AC21 job portability may apply after 180 days.
Form: I-485 (Supplement J if porting) or DS-260
Documents to gather
- Detailed job description and the employer’s actual minimum requirements
- Prevailing wage determination
- Recruitment records: job order, newspaper tear sheets, notice of filing, other ads
- Recruitment report and records of U.S. applicants
- Employer’s annual reports, federal tax returns or audited financial statements
- Worker’s degrees and credential evaluation
- Experience letters from past employers with dates and duties
- Worker’s passport and current immigration documents
Common problems to avoid
- Listing job requirements that go beyond what the employer normally requires.
- Counting experience gained with the same employer in a substantially similar job, which the rules often do not allow.
- Missing a recruitment deadline or the 30-day waiting period before filing.
- Failing to show ability to pay the offered wage for every year since the priority date.
- Letting the PERM expire by not filing the I-140 within 180 days of certification.
- Changing jobs under AC21 to a role that is not ‘same or similar’ to the original job.
What has changed lately
As of August 31, 2026, DOL reported PERM analyst review of applications filed in November 2025, with an average of about 336 days. Prevailing wage requests from May 2026 were being processed.
DOL proposed on March 27, 2026, to raise prevailing wage levels used in H-1B and PERM cases. As of September 2026 the rule was still a proposal, not in effect.
In the September 2026 Visa Bulletin, EB-3 final action dates were September 1, 2024 for most countries and January 1, 2022 for China. EB-3 Other Workers was May 1, 2019 for China.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
How long does PERM take in 2026?
It varies. As of August 31, 2026, DOL’s average analyst review time was about 336 days, and that does not include the prevailing wage and recruitment steps before filing. An audit adds more time.
Can I change jobs during the EB-3 process?
Before the I-140 is approved, a new employer usually must start a new PERM. After your I-485 has been pending 180 days and your I-140 is approved (or approvable), you may be able to move to a same or similar job under AC21.
What does ‘ability to pay’ mean?
The employer must show it could pay the offered wage from the priority date forward. USCIS looks at tax returns, annual reports or audited financial statements, and may also consider wages already paid to the worker.
Can I keep my priority date if I change employers?
Usually yes, once an I-140 has been approved. The priority date is generally kept even if the employer later withdraws the petition, unless USCIS revokes the approval for fraud, misrepresentation or a material error. If the withdrawal comes 180 days or more after approval, the petition also generally stays valid for job portability and H-1B extensions.
What is the difference between EB-2 and EB-3?
EB-2 requires an advanced degree or exceptional ability; EB-3 requires a bachelor’s degree, 2 years of experience, or less for other workers. For China-born applicants, the EB-3 line is sometimes shorter, so some people file in both.
Can I work while waiting?
If you file an I-485 in the U.S., you may request a work permit with Form I-765. Otherwise, you need a valid work status, such as H-1B.
- USCIS: Employment-Based Immigration: Third Preference EB-3
- DOL: Permanent Labor Certification (PERM)
- eCFR: 20 CFR Part 656 (PERM labor certification)
- DOL FLAG: Processing Times
- eCFR: 8 CFR 204.5 (employment-based immigrant petitions)
- USCIS Policy Manual, Volume 6, Part F (Employment-Based Immigration)
- USCIS Policy Manual, Volume 7, Part E, Chapter 5 (INA 204(j) portability)
- U.S. Department of State: Visa Bulletin
- Federal Register: Improving Wage Protections (DOL proposed rule, Mar. 27, 2026)
- Federal Register: Adjustment to Premium Processing Fees (Jan. 12, 2026)
Information current as of September 2026. General information only, not legal advice.
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General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.