EB-3 Other Workers (Unskilled) in 2025: A Realistic, High-Signal Guide
The EB-3 immigrant category isn’t just for skilled workers and professionals. Its Other Workers (Unskilled) track targets full-time, permanent roles requiring less than two years of training or experience. For candidates without a degree, it remains the most tangible path to a U.S. Green Card—if you understand the process, the backlogs, and the risks.
Last updated: September 9, 2025
Key Takeaways
- “Other Workers” covers permanent, full-time roles that require < 2 years of training/experience; no degree required.
- Expect multi-year backlogs governed by the monthly Visa Bulletin; country of chargeability matters.
- Employer must handle PERM (recruitment + prevailing wage) and demonstrate ability-to-pay at I-140.
- Final step is either Adjustment of Status (in U.S.) or Consular Processing (abroad) when the priority date is current.
- Watch for scams (no “fast track”), ensure permanent role and compliant wage, and maintain comprehensive evidence.
Who Exactly Qualifies as “Other Workers”
Typical EB-3 Other Worker roles include agriculture and food processing, hospitality and housekeeping, warehouse and light manufacturing, construction helpers, caregiving and support services. The U.S. employer must offer a permanent, full-time job and be willing to sponsor.
- Training/experience required: < 2 years
- Education: No bachelor’s degree required
- Job type: Non-seasonal, permanent (no short-term gigs)
“Unskilled does not mean ‘any job will do’. The role must be permanent, meet prevailing wages, and pass labor market testing.” — Immigration counsel insight
Demand, Quotas, and Why Backlogs Happen
EB-3 Other Workers has a separate annual allotment. Demand often exceeds supply, producing multi-year queues in the Visa Bulletin. As of 2025, long waits are common for high-demand countries. Applicants from regions with lighter demand may still face several years due to overall caps and country limits.
Stage 1 — PERM Labor Certification (Department of Labor)
The U.S. employer must complete PERM Labor Certification, proving no qualified U.S. workers are ready, willing, and able to take the job at the prevailing wage. The PERM file typically includes:
- Prevailing Wage Determination (PWD): sets the minimum lawful wage level for the role and location.
- Recruitment & Advertisements: newspaper/online postings, internal notice, recruitment report documenting results.
- ETA-9089: the formal application to DOL. PERM may be audited; employers must maintain a compliant audit file.
“PERM costs and recruitment must be borne by the employer—not the worker. This is a regulatory point, not a preference.” — Practitioner note
Stage 2 — Form I-140 (USCIS), Priority Date, and Ability-to-Pay
After PERM approval, the employer files Form I-140 to classify the worker in EB-3 Other Workers. Two core USCIS issues: (1) Priority Date (the worker’s place in line) and (2) Employer’s Ability-to-Pay the offered wage from the PERM filing date until Green Card approval (shown via tax returns, annual reports, or financial statements).
- Premium Processing: often available for I-140 to speed the classification decision.
- Priority Date: governs when the worker may proceed to the Green Card step.
“A fast I-140 does not eliminate the Visa Bulletin queue. Classification ≠ immediate immigrant visa.” — Immigration strategy tip
Stage 3 — Adjustment vs. Consular Processing
When the priority date becomes current, the worker either files I-485 Adjustment of Status (if lawfully in the U.S.) or proceeds via Consular Processing abroad. Adjustment may enable interim EAD/AP work/travel authorization while the Green Card is pending. With long EB-3 Other Worker backlogs, concurrent filing (I-140 + I-485 together) is uncommon but possible if dates are current in both “Final Action” and “Dates for Filing” charts.
Compliance Checklist (Sponsor & Worker)
- Permanent, full-time job offer with clear duties aligned to < 2 years training/experience.
- Prevailing wage level requested and adhered to throughout the process.
- Recruitment conducted and documented per PERM rules; audit file maintained.
- Employer can prove ability-to-pay from PERM filing date through LPR approval.
- Worker keeps a clean record, completes medical exam, and meets admissibility criteria.
“Treat compliance as evidence management. Organized files reduce RFE/NOID exposure and accelerate resolution.” — Case management best practice
Red Flags and the Evidence Pack You Should Keep
- Red flags: seasonal/temporary roles, “guaranteed approvals”, worker-paid PERM costs, vague duties, weak financials.
- Evidence pack (keep copies): job offer, recruitment materials, PWD, ETA-9089, I-140 receipt/approval, tax/financials (employer), medical, civil docs, police clearances (if applicable).
Pros and Cons of EB-3 Other Workers
| Advantages | Challenges |
|---|---|
| Accessible without a degree or rare skills | Multi-year backlogs governed by Visa Bulletin |
| Direct pathway to permanent residency (LPR) | Dependency on employer’s compliance and stability |
| Derivative benefits for spouse/children < 21 | PERM audits; USCIS ability-to-pay scrutiny |
| Eventual naturalization eligibility as LPR | Financial/emotional strain during long waits |
Cost Responsibility Matrix (Indicative)
| Item | Who Pays | Notes |
|---|---|---|
| PERM recruitment & attorney fees | Employer (required) | DOL rules ban worker reimbursement for PERM costs. |
| Form I-140 filing fee | Employer or Worker | Often employer pays; not mandated like PERM costs. |
| Premium Processing (I-140) | Employer or Worker | Optional; can be covered by either party. |
| Medical exam, I-485 fees / Consular fees | Worker | Typically borne by beneficiary and derivatives. |
Local policies vary; confirm fee strategies with counsel. Never agree to reimburse employer for PERM costs.
Process Overview and Indicative Timelines
| Step | Main Actor | Key Checks | Indicative Duration* |
|---|---|---|---|
| Prevailing Wage (PWD) | Employer / DOL | Wage level matches role & location | 2–4+ months |
| Recruitment & Ads | Employer | Good-faith market test, documentation | 1–3 months |
| PERM (ETA-9089) | Employer / DOL | Possible audit | 6–12+ months |
| I-140 (USCIS) | Employer | Ability-to-pay; classification | Premium often available |
| Visa Bulletin Wait | — | Priority date reaches current | Varies (multi-year common) |
| Green Card Step | USCIS / Consulate | Medical, security, admissibility | Several months |
*Durations are indicative. Always check current agency processing times and the latest Visa Bulletin.
Bottom Line for 2025
EB-3 Other Workers is a legitimate, time-tested route to U.S. permanent residency for those without higher education. Success depends on the sponsor’s compliance, clean documentation, and patience through the Visa Bulletin cycle. Treat every stage—PERM, I-140, and the final immigrant visa/adjustment—as its own gate with distinct rules and evidence standards.
FAQ — EB-3 Other Workers
Do I need English proficiency or a diploma?
A diploma is not required for Other Workers. Basic English helps with recruitment and integration but is not a statutory EB-3 requirement.
Can I switch employers during the process?
Before the Green Card step, a switch usually requires restarting with a new PERM and I-140. Limited portability exists for I-485 pending 180+ days in “same or similar” roles.
Is concurrent filing (I-140 + I-485) possible?
Only if the priority date is current in both the Final Action and (when applicable) Dates for Filing charts for your category and country.
Who pays PERM costs?
By regulation, the employer must cover PERM recruitment and related legal expenses; worker reimbursement is not permitted.
How long is the wait in 2025?
Backlogs vary by country and month. Expect multi-year waits; always check the current Visa Bulletin and USCIS filing charts.
Primary Sources (Official)
- USCIS — Employment-Based Immigration: Third Preference (EB-3): uscis.gov …/eb-3
- USCIS — I-140, Immigrant Petition for Alien Workers: uscis.gov/i-140
- USCIS — Adjustment of Status Filing Charts (monthly): uscis.gov …/filing-charts
- U.S. Department of State — Visa Bulletin (monthly): travel.state.gov …/visa-bulletin
- DOL — PERM Labor Certification & ETA-9089: dol.gov …/forms
- eCFR — 20 CFR Part 656 (PERM regulations): ecfr.gov …/part-656
- U.S. DOS — Employment-Based Immigrant Visas overview: travel.state.gov …/employment-based
