EB-3 in 2025: how the category works and who it truly fits
Contents
Definition and subcategories
EB-3 is an employment-based immigrant category grounded in a permanent, full-time job offer. It includes three subcategories: Skilled Workers (at least two years of training or experience), Professionals (U.S. bachelor’s degree or foreign equivalent), and Other Workers (less than two years of training/experience).
Beyond healthcare, EB-3 is common in manufacturing, logistics, hospitality, and services. The practical constraint is whether the employer can document market-based minimum job requirements and pay at or above the prevailing wage for the job location.
Healthcare: who fits EB-3
| Subcategory | Example roles | Minimum requirements | Practice notes |
|---|---|---|---|
| Skilled Workers | Registered Nurse, surgical technologist, medical/lab technician | 2+ years training/experience; full-time role | RNs go via Schedule A; earlier filing path but notices/evidence remain mandatory |
| Professionals | Physical Therapist, Occupational Therapist | Bachelor’s/equivalent; state license | PTs are also Schedule A; plan state licensing timelines early |
| Other Workers | Nursing Assistant, Home Health/Personal Care Aide | < 2 years training; full-time role | Subject to a separate sub-limit; long-term care systems show persistent demand |
Step-by-step process
1) Permanent job offer. The employer defines duties, schedule, and wage. Minimum requirements must reflect genuine market practice and apply to all in the role.
2) Labor certification. Most roles follow PERM: recruiting, ETA-9089 to the DOL, and a decision wait. For Schedule A (RNs, PTs), recruiting is not required; the employer posts notice, retains evidence, and submits ETA-9089 with I-140 directly to USCIS.
3) Form I-140. The employer proves ability to pay and that the job aligns with market requirements; I-907 Premium Processing may be used when tactically helpful.
4) Immigrant stage. When the priority date becomes current under the Visa Bulletin, the applicant files I-485 (if eligible inside the U.S.) or proceeds via NVC/consular processing abroad.
Visa Bulletin for EB-3: how to read it and act without delays
What the bulletin does
The Visa Bulletin is a monthly DOS publication with two tables: Final Action Dates (when approvals may be issued) and Dates for Filing (when USCIS may allow filing within the U.S.). For planning, track your priority date (PD) and country of chargeability (usually country of birth).
Strategy without graphics
Schedule filings around chart movement and document readiness. Keep job requirements market-true, align state licensing, and reduce avoidable RFEs at I-140/I-485 by preparing evidence in advance.
- Monitor your PD and country line every monthly release.
- Prepare translations, degree evaluations, licenses, and medicals early.
- Use Premium Processing for I-140 if tactically helpful; it does not accelerate visa number availability.
- Plan for retrogression risk; dates can move both forward and backward within a fiscal year.
Action checklist
| # | Action | Where to verify |
|---|---|---|
| 1 | Confirm PD and country of chargeability | ETA-9089/I-140 notices; your file |
| 2 | Check current Final Action and Dates for Filing tables | This month’s Visa Bulletin |
| 3 | See which chart USCIS authorizes for AOS | USCIS monthly announcement |
| 4 | Align I-485/consular scheduling with the earliest eligible month | USCIS/NVC; counsel & employer |
| 5 | Build buffers for retrogression and RFEs | Internal timeline & evidence prep |
EB-3 practice: common pitfalls, answers, and working with official sources
Frequent mistakes and how to prevent them
- Inflating job requirements around a specific candidate. Minimum requirements must be market-true and applied to all incumbents; misalignment surfaces during recruiting reviews or adjudication.
- Wage below the prevailing level. Offering less than the DOL’s wage level triggers denials at I-140 or the visa interview. Verify the wage level before filing.
- Licensing gaps. For RNs/PTs, state license timing should be aligned with Visa Bulletin movement to avoid months of delay.
- Confusing Final Action vs Dates for Filing. USCIS decides monthly which chart applies inside the U.S.; filing against the wrong chart wastes time.
- Under-documented notice to workers for Schedule A. Notices are required; keep copies and proof of postings.
FAQ
Is PERM required for RNs and PTs? No. These are Schedule A roles: the employer files ETA-9089 with I-140 to USCIS, while ensuring notice and record-keeping.
When should I file I-485? Either when USCIS authorizes Dates for Filing or when your PD is current under Final Action—depending on the monthly USCIS notice.
Where do I check fees? The G-1055 Fee Schedule and the USCIS Fee Calculator; amounts vary by age and case options.
Can I change subcategory? It’s determined by the job’s true minimum requirements. Align the job description, education, and actual duties to the chosen subcategory.
Detailed comments on official .gov sources
| Source | What matters | How to apply |
|---|---|---|
| USCIS — EB-3 | Official subcategory definitions, baseline process, employer/applicant requirements. | Match your job description and evidence to USCIS structure to avoid contradictions. |
| U.S. Department of State — Visa Bulletin | Monthly Final Action and Dates for Filing charts by chargeability country. | Plan your filing/approval window using your PD and the correct country line. |
| U.S. DOL — Foreign Labor Certification | PERM framework, Schedule A list, prevailing wage methodology, worker notices. | Align job requirements and wage with DOL rules; document Schedule A notices properly. |
| USCIS — Form I-907 | Premium Processing eligibility and timelines. | Use when faster I-140 adjudication provides real case benefits. |
| USCIS — G-1055 Fee Schedule | Current fees for forms including I-140 and I-485. | Refresh budget before submission; fees are periodically updated. |
| USCIS — Fee Calculator | Calculates age- and case-specific filing fees for AOS. | Eliminates arithmetic mistakes; record the calculator result before payment. |
