EB-3 “Other Workers”: a practical, expert guide for 2025
The EB-3 immigrant visa includes a subcategory often labeled Other Workers (also “EB-3(C)” or “EW”). It is designed for permanent, full-time, non-seasonal jobs that require fewer than two years of training or experience. Common examples include construction laborers and helpers, housekeeping staff, janitorial roles, entry-level food service and kitchen assistants, agricultural laborers, and facility attendants. The category is neither a shortcut nor a lottery: it is a compliance project driven by U.S. labor regulations, documentation standards, and annual visa limits.
This article explains the moving parts with clarity: the legal definitions that govern eligibility, how PERM labor certification is actually reviewed, why priority dates and Visa Bulletin charts matter, what retrogression means for a family’s timeline, and how current construction and cement supply dynamics help employers justify true business need. It is built for both employers and candidates who want accurate expectations and fewer avoidable denials.
Two quick reminders: (1) No H-1B is required to pursue EB-3; these are separate pathways. (2) “Unskilled” is a regulatory term tied to training time, not a judgment on a worker’s value or potential.
Core definitions you must know before filing
Other Workers (OW): A job requiring < 2 years of training/experience. The role must be permanent, not seasonal or temporary, and offered on a full-time basis. A “helper” role that only exists while a short project runs is not OW-eligible.
Permanent, full-time: In practice, employers should prove stable year-round workload (e.g., maintenance, ongoing operations, multi-year contracts) and offer a full-time schedule consistent with local norms. Hourly is fine; “permanent” refers to intent and business need, not to a fixed salary.
Prevailing Wage (PWD): The minimum wage rate DOL says must be paid for the occupation and location. The offered wage must be ≥ PWD. Underpaying is a denial trigger.
Priority Date (PD): The date the PERM (ETA-9089) is filed. This date governs your place in line when the State Department allocates immigrant visa numbers in the Visa Bulletin.
Retrogression: When demand exceeds supply and the Visa Bulletin moves dates backward or holds them far in the past, creating longer queues. EB-3 OW is capped within overall EB-3 limits, so pressure is common.
Myths vs. realities (no shortcuts)
- Myth: EB-3 is only for “highly skilled.”
Reality: The OW track is specifically for roles requiring less than two years of training/experience—yet compliance is strict. - Myth: If I find an employer, approval is easy.
Reality: Employers must recruit U.S. workers properly, document every step, pay at least the PWD, and show ability-to-pay from PD onward. - Myth: Timelines are predictable.
Reality: PERM queues, audits, and monthly Visa Bulletin movements create variable total durations—often years, not months. - Myth: Any permanent offer qualifies.
Reality: The government tests whether the role is truly permanent and whether the employer honestly could not find qualified, available U.S. workers at the required wage.
PERM → I-140 → Green Card: what agencies check and how to avoid slowdowns
End-to-end sequence and what “good” looks like
| Stage | What the employer must do well | Frequent pitfalls causing audits/denials |
|---|---|---|
| Prevailing Wage (PWD) | Choose the correct SOC and worksite; offer wage at or above PWD; retain the determination and internal approvals. | Wrong SOC/worksite; offered wage below PWD; duties/title implying higher skill than OW. |
| Recruitment | Post a State Workforce Agency (SWA) order (30 days), two Sunday print ads, and an internal notice (10 business days). Keep copies, resumes, interview notes, and specific lawful rejection reasons. | Missing proofs; generic rejections; changing minimum requirements after ads; inconsistent screening. |
| ETA-9089 (PERM) | File a consistent application reflecting recruitment results, duties, minimums, and business need; ensure dates/signatures align. | Random/targeted audits; inconsistencies with recruitment evidence; questions about business existence. |
| I-140 (Immigrant Petition) | Prove ability to pay from the priority date (tax returns, audited financials, or W-2s) and that the beneficiary meets the minimums. | Weak PD-year financials; successor-in-interest complications; missing originals/translations. |
| Status step | If a visa number is available, file I-485 (AOS) in the U.S. or proceed via consular processing abroad. | Retrogression after filing; inadmissibility issues; incomplete medicals; travel disrupting status; missing civil documents. |
Keep a version-controlled archive: PWD, ad proofs, SWA confirmations, recruitment report, resumes/notes, corporate financials, signed ETA-9089/I-140. It shortens audit response time and reduces errors.
How long in 2025?
Plan for three layers: PERM (often ~16–17 months if no audit), I-140 (premium available), and the Visa Bulletin queue. The immigrant visa number gates adjustment or consular issuance; monthly movements can advance, stall, or retrogress. Track both Final Action and Dates for Filing and follow USCIS guidance on which chart governs I-485 submissions in a given month.
Eligibility clarity & risk control
- <2 years training/experience to perform the job as written; otherwise it is not OW.
- Permanent operational need (not a single project); document multi-year demand.
- Ability-to-pay from the PD year onward; plan for PD-year deficits.
- Real recruitment at or above PWD; qualified, available U.S. workers prevent certification.
- Set requirements before ads; keep rejection reasons specific; prepare audit exhibits in advance.
Why EB-3 OW remains relevant: labor demand with a construction lens
Typical OW roles and the economics behind sponsorship
Employers turn to EB-3 OW when persistent vacancies remain at or above the prevailing wage despite honest recruitment. In construction, hospitality, agriculture, and care facilities, work is continuous and physically demanding, turnover is high, and local housing/shift preferences often reduce applicant pools. Sponsorship stabilizes operations under strict oversight—not wage suppression.
| Occupation (examples) | Typical core tasks | Why shortages persist |
|---|---|---|
| Construction laborers & helpers | Site prep and cleanup, material handling, assisting trades, basic equipment tasks. | High turnover; infrastructure backlogs; regional booms outpacing local labor pools. |
| Hospitality support (housekeeping, janitorial, kitchen help) | Room cleaning, sanitation, dishwashing, basic food prep, back-of-house logistics. | Shift/weekend work; tourism cycles; tight staff housing in resort areas. |
| Agricultural laborers | Planting/harvesting, crop maintenance, packing. | Physically demanding outdoor work; remote sites; seasonal pay preferences. |
| Facility attendants / non-medical caregivers | Basic ADL support, laundry/housekeeping in care facilities, resident assistance. | Aging population; entry-level pipeline gaps; retention challenges. |
Cement as a proxy for construction momentum
Cement is a core input for concrete. Logistics and prices cascade into schedules from highways to residential builds. Even when supply tightens, sites still need entry-level labor for prep, cleanup, and assisting trades—so EB-3 OW demand tends to track construction activity rather than short-term price spikes.
Rounded values for readability; for detailed series see USGS cement statistics. SVG scales on mobile; labels are black and ≥15px.
Quick FAQ
Do part-time roles qualify? No—OW requires a bona fide full-time permanent job.
What if Visa Bulletin retrogresses? USCIS may hold I-485 until a number is available again; maintain eligibility and respond to RFEs promptly.
Is English legally required? Not by statute for OW; employers may reasonably require job-related communication for safety/workflow.
