OUR IMMIGRATION SERVICESEB-3 visas in the USA

Author: Attorney Vitaly Malyuk. License: MO No. 73573

Your Gateway to the American Dream: Understanding the EB-3 Visa

EB-3 is an employment-based immigration category for people who receive a permanent job offer from a U.S. employer and want to obtain lawful permanent resident status (a Green Card). This is not a “fast visa,” but a structured process in which the employer plays the key role: first PERM labor certification (when required), then Form I-140, and finally the last step of obtaining status (through a U.S. consulate or Form I-485 if filing is possible inside the United States).

EB-3A — Skilled Workers (2+ years of experience/training) EB-3B — Professionals (typically a bachelor’s degree) EB-3C — Other Workers (less than 2 years of experience/training)

The practical EB-3 principle is consistency: every document must tell the same story — duties, job requirements, work location, recruitment, and forms. Even strong candidates usually face risk because of inconsistencies and technical errors, not because the category is “bad.”

Note: this page provides general educational information and is not a substitute for individualized legal advice. Decisions are made by government agencies, and timelines/visa availability depend on quotas and priority dates.

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Why many people choose EB-3

EB-3 is valued for its clear legal structure: there is a real job opportunity, a sponsoring employer, a labor-market check through PERM, and then an immigration petition. When documents are prepared correctly and every detail is aligned across the chain (job description, requirements, worksite, wage, recruitment, forms), the process becomes manageable.

Permanent resident status

The end goal is a Green Card. This is not a temporary work visa — it is an immigrant category when requirements are met.

Family

In many cases, a spouse and unmarried children under 21 can immigrate as derivatives of the principal applicant.

Predictable structure

EB-3 is built on DOL/USCIS standards and documentation. Accuracy and consistency matter more than “good wording.”

Path to naturalization

After becoming a lawful permanent resident and meeting statutory requirements, naturalization may be possible (often a 5-year LPR baseline, with exceptions in some scenarios).

Who EB-3 most often fits

Skilled workers who can document experience/training (employer letters, certificates, licenses, diplomas).
Professionals with a bachelor’s degree (or equivalent), where the position truly requires that level of education.
Other Workers applicants where the role does not require 2+ years of preparation, but the employer is willing to complete recruitment and PERM, and the applicant can show job readiness.

Practical nuance: EB-3 is always a “document alignment” case. Even strong applicants can receive an RFE or denial if the job requirements do not match the resume, recruitment record, wage level, or forms.

How EB-3 works: PERM → I-140 → Green Card

EB-3 is a sequence of steps where each stage depends on the prior one. The goal is simple: every document must tell the same story — what the job is, where the work is performed, what the requirements are, what wage is offered, and how the employer documented recruitment.

Step 1. Prevailing Wage (wage determination)
The employer requests a wage level for the specific position and worksite so that recruitment and PERM rely on accurate terms and wage data.

Step 2. PERM (labor certification)
The employer completes recruitment under DOL rules and shows there are not enough available and qualified U.S. workers for the role under the offered terms. Key items include requirements, ads, timelines, the recruitment report, and the audit file.

Step 3. Form I-140 (immigrant petition by the employer)
The employer files with USCIS and documents that the position is real, the beneficiary meets the requirements, and the company can pay the offered wage (ability to pay).

Step 4. Priority Date + Visa Bulletin
Immigrant visa availability depends on the priority date and the category/country. Retrogression can occur — it is a quota mechanism, not a “case error.”

Step 5. Consular processing or Form I-485 (final status step)
Outside the U.S., the case typically goes through a U.S. consulate. Inside the U.S., eligible applicants may file Form I-485 to adjust status.

PERM in plain English (what it is and why it matters)

PERM is not a “work permit.” It is the employer’s process with the Department of Labor to show that the employer tested the U.S. labor market, did not find enough qualified and available U.S. workers under the job’s terms, and that hiring the foreign worker will not harm U.S. workers’ wages and working conditions. Most PERM problems come from details — requirements, ad language, timing, worksite facts, and recordkeeping.

Who does what: employer vs applicant

Party	What they do	Where risk most often appears
Employer	Prevailing Wage, recruitment and PERM, I-140 filing, documenting a real job and ability to pay.	Inconsistent requirements/job description, recruitment/timing issues, weak ability-to-pay evidence.
Applicant	Experience/education documents, proving qualification under the job requirements, personal forms and final-stage documents.	Experience letters don’t match requirements, date/title inconsistencies, incomplete education/training proof.
Attorneys	Consistency control across the chain, wording review, evidence checklists, deadline calendar, RFE preparation.	Template-driven work without aligning job facts, worksite, and requirements increases RFE/audit exposure.

EB-3 timelines depend on recruitment/processing speed, evidence volume, backlogs, and visa availability under the Visa Bulletin. The safest strategy is to plan for time and build a consistent document chain early to avoid “snowball” corrections later.

EB-3 categories and documents: what truly matters

The EB-3 subcategory is not chosen by preference — it follows the real job and the employer’s requirements. If the position requires a bachelor’s degree, it generally aligns with EB-3B. If the role requires 2+ years of experience or training, it aligns with EB-3A. If requirements are lower, it may align with EB-3C. Problems often start when job requirements are “fit” to a candidate, and then those requirements do not hold up under recruitment and documentation review.

Category	Baseline requirement	Typical evidence
EB-3A Skilled Worker	Typically 2+ years of experience or training in the occupation	Experience letters (duties + dates), certificates/licenses, training records, resume, project/work proof.
EB-3B Professional	Typically a bachelor’s degree (or equivalent) in a relevant field	Diploma/transcripts, degree equivalency evaluation when needed, proof the job truly requires a bachelor’s degree.
EB-3C Other Worker	Work that does not require 2+ years of preparation	Job readiness proof, related experience, identity documents for the final stage, consistent job/worksite facts.

Why RFEs/denials happen — and how risk is reduced

In practice, most EB-3 problems are not about the “category,” but about documentation errors and inconsistencies between stages. Below are common triggers to control early.

Requirements vs evidence mismatch: the job lists requirements the applicant cannot document.
Inconsistent worksite story: recruitment, PERM, and I-140 describe different locations/terms (office/hybrid/remote).
PERM timing/recruitment errors: missed dates, incorrect ad language, incomplete audit file records.
Ability to pay: the employer cannot clearly document capacity to pay the offered wage.
Template wording: job descriptions that are overly generic or appear “built around” the candidate.

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We help confirm the correct subcategory, build qualification evidence, verify job-and-document consistency, and structure the process to reduce RFE risk and avoid preventable delays.

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We do not promise “guaranteed approval” because government agencies make the final decisions. Our work focuses on legal strategy, document quality, and control of critical details at every stage.

Official sources

Primary government sources you can use to verify PERM rules, priority date mechanics, and the final status/visa stages.

U.S. Department of Labor (DOL) — PERM (FLAG)

https://flag.dol.gov/programs/perm

What it is: official overview of PERM and the role of labor certification in employment-based immigration.
eCFR — 20 CFR Part 656 (PERM regulations)

https://www.ecfr.gov/current/title-20/chapter-V/part-656

What it is: the regulatory text governing labor certification requirements, procedures, and compliance standards.
U.S. Department of State — Employment-Based Immigrant Visas

https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html

What it is: State Department overview of employment-based immigration and consular processing basics, including priority dates.
U.S. Department of State — Visa Bulletin

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

What it is: monthly visa availability tables (backlogs/retrogression) used to track filing and final action dates.
USCIS — Form I-485 (Adjustment of Status)

https://www.uscis.gov/i-485

What it is: the official I-485 page explaining eligibility basics and typical supporting documentation for adjustment inside the U.S.
eCFR — 8 CFR Part 245 (Adjustment of Status rules)

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-245

What it is: the regulatory framework for adjustment of status, including general requirements and limitations.
eCFR — 8 CFR Part 204 (Immigrant petitions)

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204

What it is: regulations governing immigrant petitions (including employment-based), helpful for understanding the legal “backbone” of petition filing.

Answers to FAQs

What is an EB-3 Visa?

The EB-3 visa is an employment-based immigrant visa category that allows foreign nationals to live and work permanently in the United States. It is divided into three sub-categories: Skilled Workers (EB-3A), Professionals (EB-3B), and Other Workers (EB-3C), depending on the applicant’s qualifications and the job offer.

Who is eligible for the EB-3 visa?

To qualify, applicants must

Have a permanent, full-time job offer from a U.S. employer.
Obtain a labor certification (PERM) from the Department of Labor.
Meet the specific requirements for your subcategory:
- EB-3A: At least two years of experience or training in a skilled occupation.
- EB-3B: A bachelor’s degree or equivalent for professional positions.

EB-3C: An occupation requiring less than two years of education or experience (unskilled labor).

What is a PERM and why is it required?

The labor certification (PERM) is a document issued by the U.S. Department of Labor to certify that

There are no qualified U.S. workers available to fill the position.
Hiring a foreign worker will not adversely affect the wages or working conditions of U.S. workers in similar jobs. This certification is an essential part of the EB-3 visa process and must be obtained by the sponsoring employer.

How long does it take to obtain an EB-3 visa?

The processing time for an EB-3 visa varies based on several factors, including

The availability of priority dates, which depends on your home country and visa demand.
The time it takes to process the labor certification, USCIS petition (Form I-140), and green card application. On average, it can take several months to a few years to complete the process, depending on the following factors.

Can my family join me on an EB-3 visa?

Yes, your immediate family can join you:

Your spouse is eligible for an E34 (Skilled Worker) or EW4 (Other Worker) visa and can apply for work authorization.
Your unmarried children under the age of 21 can obtain E35 or EW5 visas and join you in the U.S. as dependents.

Can I change employers after receiving an EB-3 visa?

Generally, you are required to work for the sponsoring employer for a reasonable period of time after receiving your green card. Changing employers immediately after receiving your visa could raise questions about your intent and possibly affect your immigration status. However, once you become a permanent resident, you are free to change jobs.

Do I have to speak English to qualify for the EB-3 visa?

English proficiency is not a mandatory requirement for the EB-3 visa, but it can be beneficial, especially for professionals and skilled workers. Strong English skills can improve your job performance, help you integrate into the workplace, and make it easier to adjust to life in the United States.

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