Introduction
Skilled foreign workers often get confused in the complex U.S. immigration procedures. Even eligible candidates for EB-3 permanent residency get overwhelmed by the lists of requirements and procedures involved in processing their applications. At IOES, we can help organize all steps and requirements needed to process applications for EB-3 permanent residency of eligible foreign workers. This article lists the main requirements for such applications.
Define the EB-3 Visa: An Overview
Permanently reside in the U.S. as a “greencard” holder? Getting permanent residency in the U.S. through employer sponsorship is the typical starting point for many skilled foreign workers and professionals. The employment-based immigrant categories allow for the immigration of skilled workers and professionals as well as of unskilled or low-skilled workers who want to come to the U.S. to seek better opportunities. Most of these categories are designed to fill labor shortages in various industries and to enable U.S. employers to hire the best global talent when there are no qualified American workers available to fill a particular job.
Most employment-based immigration applications require the employer to prove they can afford to pay the foreign worker the wage for which they were employed. There are three main subcategories of employment-based immigrants, which are further broken down into three requirements for eligibility and application for immigration:
- EB-3A: for skilled workers who require less than 2 years of training and/or experience to perform at the job for which they were hired.
- EB-3B: for professionals who need a U.S. Bachelor’s Degree or foreign equivalent.
- EB-3C: for unskilled workers who are needed to fill low-skilled, laborious work that does not require specialized skills or training.
Foreign workers want to come to the U.S. and find work in order to reach their goals for the future. Many are surprised to learn of the difficulties they can encounter should they change jobs while their immigration process is underway. Foreign workers typically must begin at the start of the PERM process and the I-140 process for approval of the I-140 petition prior to the approval of that petition. In many of the various categories for employment-based immigration to foreign workers, there are significant backlogs that affect not only the general category countries, but also the individuals from India and China and others who are restricted by per-country ceilings, and processing time can increase dramatically in such cases.
Approval Rate for Employment-Based Third Preference Category: 98%. Understand your choices and prepare your employment-based visa case for the greatest chance of achieving your goals.
Outline the EB-3 Visa Requirements
Preparation for future employment is a very important step to take. All employment-based visas have certain requirements that must be met in order for approval of a visa application. In order to qualify for an EB3 visa USA, the applicant must have a valid permanent full-time job offer from a U.S. employer. Also required is an approved PERM Labor Certification from the U.S. Department of Labor which proves that there are no qualified U.S. workers available for the position for which the applicant was hired.
As stated before, there are several categories of employment-based visas. In the case of EB3 visa USA:
- Skilled workers can qualify for permanent residence by providing proof of two years of work experience or training.
- Professionals can qualify by possessing a U.S. bachelor's degree or foreign degree equivalent.
- Unskilled laborers can also apply for EB3 visa USA by showing that they are capable of performing unskilled labor that requires less than two years of training.
For both the employer and the applicant, meeting the EB3 visa USA requirements can open doors to new opportunities in the U.S. In addition to the requirements for EB3 visa USA listed above, employers must be able to pay the wage offered to the applicant, and the applicant must gather together all of the required documents to prove his/her qualifications for the job offered and job offer.
As for the EB-2 category, there is exciting news regarding the priority dates for the category. The priority dates for the EB-2 category have become current for the first time in years. As a result, it will be easier for applicants to apply under the EB-2 category. Evidence of the applicant’s educational qualifications and/or training must be included in the applicant’s petition for jobs that require the applicant to operate a commercial motor vehicle.
The State Department updated global wait times for travel documents on September 17, 2026. Note that the average wait times do not guarantee processing times for employment-based third preference cases.
Explain the EB-3 Visa Application Process
In employment-based third preference cases, approval of such immigration applications can be very difficult to obtain. We have outlined the steps for approval for you in the following manner:
- Obtain Department of Labor approval of a PERM Labor Certification for the employment for which immigration approval is being sought. Such approval requires that the job in question be advertised for publication and that adequate evidence is presented to demonstrate that there are not sufficient qualified U.S. workers to fill the position in question.
- Thereafter, approval of an employment-based immigration application is obtained by the employer in question by approval of Form I-140, Immigrant Petition for Alien Worker, by the USCIS.
- Thereafter, approval of immigrant status at a foreign embassy or consulate, or approval of an adjustment of status application to that of a permanent resident in the U.S. can be sought as appropriate.
As with many applications, however, the time frame for approval can vary based upon many factors including the country of foreign citizenship of the individual applying for such approval and the category in which approval is being sought. We can help.
Identify Common Challenges in EB-3 Visa Applications
Guidelines of the EB3 visa USA requirements for employment-based third preference category of US immigration can uncover a number of unforeseen issues for applicants of the EB3 category of employment-based immigration seeking EB3 visa through employment. This section explains the main problems encountered by applicants for the EB3 visa.
The EB3 visa USA requirements must be met to qualify for this immigration pathway through the employment-based third preference immigration category for the EB3 immigration.
- Documentation Errors: While listing out the EB3 visa USA requirements for the employment-based third preference category of immigration, it is natural to expect unexpected roadblocks in the process to achieve EB3 immigration. Applicants can encounter various unexpected challenges as they go through the process of applying for the EB3 visa. As an applicant, for example, you are required to gather and complete numerous forms for your application. There are places where information is required and even the smallest of errors or inconsistencies will cause delays and even lead to denial of your application for a visa. Thus, it is essential that you carefully complete all required sections with accurate and complete information.
- PERM Labor Certification Process Delays: The PERM Labor Certification application processing time is another challenge faced by many EB3 applicants. Normally it takes 6 days to process but can take many more weeks for cases selected for audit. In some instances, cases may experience unknown delays in processing, which in turn places pressure on applicants who are already experiencing delays with their EB3 immigration applications.
- Employer's Ability to Pay: It must be proven by the employer that they are able to pay the wages of the foreign national for whom application is being made for a Green Card under the EB3 visa USA requirements. Some employers may have difficulty in obtaining required financial documents to support the alien’s application for a Green Card.
- Visa Delays: Individuals from countries with high demand for employment-based third preference visas often face unique challenges. Due to high demand for spots in the EB3 category from countries such as India, there is currently a significant backlog of EB3 cases. As of FY 2024, only 511 visas were granted to individuals born in India. The category continues to experience processing delays due to high demand.
We can also help you with any unexpected immigration challenges. If you are subject to an immigration raid or placed into removal proceedings by ICE, contact Vasquez Law Firm immediately. Remember, you have the right to remain silent and to an attorney. Vasquez Law Firm is available 24 hours a day to handle any immigration matter that requires immediate attention. Vasquez Law Firm is dedicated to serving our clients with the highest level of quality service. Because much of our immigration practice is with Spanish speaking individuals, we are able to serve our clients in Spanish if needed.
Conclusion
Many individuals who are seeking to obtain permanent residency through the EB-3 category feel overwhelmed by the complexities of the process. Thousands of skilled workers, professionals, and unskilled laborers enter the country every year through the EB-3 category as permanent residents of the United States sponsored by their employer.
As you read through this article you will find the application requirements for each of the different types of EB-3 visas, the application process for the EB-3 visa and typical problems that applicants encounter during their application. This article also covers the importance of the employer’s ability to pay and potential backlogs in EB-3 visa applications.
For many individuals and families, the EB-3 visa offers the chance to fulfill their dreams of moving to and starting new lives in America. Our attorneys and staff are available to assist with the processing of your EB-3 application. We are able to communicate with our clients in English and Spanish, and we can assist them in relation to the qualifications for application. Our attorney fees are very competitive. We are happy to work with clients to try to set up a payment plan. Let us help you start your new life in America. Contact us today to discuss your EB-3 application.
Frequently Asked Questions
What is the EB-3 Visa?
The EB-3 Visa is an employment-based immigrant visa that allows skilled foreign workers, professionals, and unskilled workers to permanently reside in the U.S. as “greencard” holders through employer sponsorship.
What are the subcategories of the EB-3 Visa?
The EB-3 Visa has three main subcategories: EB-3A: for skilled workers requiring less than 2 years of training or experience. EB-3B: for professionals needing a U.S. Bachelor’s Degree or foreign equivalent. EB-3C: for unskilled workers filling low-skilled labor positions that do not require specialized skills or training.
What is the process for obtaining an EB-3 Visa?
The process typically involves the employer proving they can pay the foreign worker the required wage, followed by the foreign worker starting the PERM process and the I-140 petition for approval.
Are there any challenges foreign workers face during the EB-3 Visa process?
Yes, foreign workers may encounter difficulties if they change jobs during the immigration process, as they often need to restart the PERM and I-140 processes. Additionally, there can be significant backlogs, especially for applicants from countries like India and China.
What is the approval rate for the EB-3 Visa?
The approval rate for the Employment-Based Third Preference Category (EB-3) is 98%.
Why do foreign workers seek the EB-3 Visa?
Foreign workers seek the EB-3 Visa to find employment opportunities in the U.S. and to achieve their future goals, often in response to labor shortages in various industries.
List of Sources
- Define the EB-3 Visa: An Overview
- Department of State Releases March 2026 Visa Bulletin: Key Employment-Based Filing Opportunities and Priority Date Movement (https://gtlaw-insidebusinessimmigration.com/visa-bulletin/department-of-state-releases-march-2026-visa-bulletin-key-employment-based-filing-opportunities-and-priority-date-movement)
- EB-3 Visa Statistics 2026: Approval Rates & Wait Times | Alma (https://tryalma.com/learn/eb3-visa-statistics)
- USCIS Plans to Modernize Employment-Based Green Card Rules: What to Expect (https://berardiimmigrationlaw.com/uscis-plans-to-modernize-employment-based-green-card-rules-what-to-expect)
- April-June 2026 Visa Bulletin Shifts Impact Employers Update (https://clarkhill.com/news-events/news/april-june-2026-visa-bulletin-eb2-eb3-uscis-update)
- United States | August 2026 Visa Bulletin: China EB-3 advances, India EB-2 remains unavailable (https://bal.com/immigration-news/united-states-august-2026-visa-bulletin-china-eb-3-advances-india-eb-2-remains-unavailable)
- Outline the EB-3 Visa Requirements
- United States | August 2026 Visa Bulletin: China EB-3 advances, India EB-2 remains unavailable (https://bal.com/immigration-news/united-states-august-2026-visa-bulletin-china-eb-3-advances-india-eb-2-remains-unavailable)
- April-June 2026 Visa Bulletin Shifts Impact Employers Update (https://clarkhill.com/news-events/news/april-june-2026-visa-bulletin-eb2-eb3-uscis-update)
- Employment-Based Immigration: Third Preference EB-3 | USCIS (https://uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3)
- May 2026 Visa Bulletin – State Department Hits the Brakes and USCIS Stops Accepting Dates for Filing (https://hunton.com/business-immigration-insights/may-2026-visa-bulletin-state-department-hits-the-brakes-and-uscis-stops-accepting-dates-for-filing)
- US: Immigration News Update – July 6, 2026 (https://corporateimmigrationpartners.com/us-immigration-news-update-july-6-2026)
- Explain the EB-3 Visa Application Process
- September 2026 Visa Bulletin - Latest Update (https://boundless.com/blog/visa-bulletin)
- Employment-Based Immigration: Third Preference EB-3 | USCIS (https://uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3)
- United States | Notice of Form I-140 submission procedure updates (https://bal.com/immigration-news/united-states-notice-of-form-i-140-submission-procedure-updates)
- Identify Common Challenges in EB-3 Visa Applications
- Navigating Delays In The PERM Labor Certification Process - Maggio Kattar Immigration Law (https://maggio-kattar.com/blog/navigating-delays-in-the-perm-labor-certification-process)
- April 2026 Visa Bulletin: “Current” Events | News & Events | Clark Hill PLC (https://clarkhill.com/news-events/news/april-2026-visa-bulletin-current-events)
- Department of State Releases March 2026 Visa Bulletin: Key Employment-Based Filing Opportunities and Priority Date Movement (https://eb5insights.com/2026/02/25/department-of-state-releases-march-2026-visa-bulletin-key-employment-based-filing-opportunities-and-priority-date-movement)
- EB-3 Green Card Statistics in 2026: Caps and Backlogs (https://manifestlaw.com/blog/eb3-visa-statistics)
