EB-3 Visa: the complete guide to the employment-based Green Card

The EB-3 visa is the third employment-based preference immigration category in the United States and serves as one of the main pathways for foreign professionals seeking to obtain a Green Card through a permanent job offer. Unlike temporary visas such as H-1B or L-1, the EB-3 leads directly to permanent residence, making it a strategic choice for those planning to build a long-term life in the country. Although it is often presented as an accessible route, the EB-3 involves lengthy steps, full dependence on a sponsoring employer, and an immigration queue that varies based on the applicant’s country of birth.

This guide details who qualifies, how each step works, what the current costs are, and why the total processing time tends to surprise those who begin without proper guidance. The information reflects the regulatory landscape in effect in 2026, but figures and timelines may change, particularly following USCIS fee adjustments and monthly updates to the Department of State’s Visa Bulletin.

The three EB-3 subcategories

The EB-3 is not a single visa but an umbrella covering three distinct classifications, each with its own requirements and a direct impact on wait times.

• Skilled Workers: require documentation of at least two years of experience or training in an occupation that is neither seasonal nor temporary.
• Professionals: reserved for those who hold a U.S. bachelor’s degree or a foreign equivalent, where the academic degree is the minimum requirement for the offered position.
• Other Workers (also referred to as Unskilled Workers): covers occupations requiring less than two years of experience or training, such as operational roles in hospitality, non-seasonal agriculture, industrial cleaning, and domestic care.

This division has significant practical implications: the Other Workers subcategory has its own annual cap of 10,000 visas, within the overall quota of approximately 40,040 visas available across the entire EB-3 each fiscal year. This sub-cap is the main reason the queue for unskilled workers has historically been longer than for degree-holding professionals.

Applicant and employer requirements

For any of the three subcategories, the EB-3 exists only on the basis of a full-time, permanent job offer from an established U.S. company. The employer is, in practice, the primary petitioner: they sign the petition, bear a significant portion of the costs, and are responsible for the actual availability of the position.

The applicant must demonstrate that they meet the minimum requirements outlined in the approved job posting, supported by diplomas, transcripts, letters from previous employers, and foreign credential evaluations when education was completed outside the United States. Brazilian degrees, for example, are commonly submitted to organizations such as WES or ECE for equivalency assessment under the U.S. academic system.

The PERM process and labor certification

At the heart of the EB-3 is the PERM Labor Certification, administered by the U.S. Department of Labor (DOL). Before any immigration petition can be filed, the employer must prove that no qualified, available, and willing U.S. worker exists to fill the position under the offered conditions.

This proof comes through a structured recruitment process: newspaper advertisements, postings on state employment systems, internal outreach, and, in some cases, additional advertising on radio, professional websites, or at universities. The entire process is governed by detailed rules, and any drafting error in the job advertisement or in the scope of the position can invalidate the PERM.

In parallel, the employer requests a Prevailing Wage Determination, which establishes the minimum acceptable salary for the role in the job’s geographic area. The offered wage must equal or exceed this figure; otherwise, the application will be denied. Only after PERM approval does the case advance to USCIS.

The I-140 petition and adjustment of status

With the PERM in hand, the employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS. This is the document that formally establishes the applicant’s EB-3 category and locks in the so-called priority date, which determines the beneficiary’s place in the immigration queue.

When the priority date becomes current in the Visa Bulletin, the path to permanent residence opens, which can be obtained through two main routes:

• Adjustment of Status, via Form I-485, for those already lawfully present in the United States under another valid status.
• Consular Processing, via Form DS-260 and an interview at the U.S. consulate in the country of residence, for those outside the United States.

Spouses and unmarried children under 21 are derivatives of the principal beneficiary and may apply for the Green Card in the same process, using their own respective forms.

Current process costs

The official fees charged by the U.S. government were revised on April 1, 2024, and remain the reference figures in 2026, though they may be updated at any time. The main fees are:

• PERM Labor Certification: no government fee, but the employer must cover recruitment costs, advertising, and attorney fees.
• Form I-140: approximately US$715, mandatorily paid by the employer.
• Optional Premium Processing for I-140: approximately US$2,805, with a decision within 15 business days.
• Form I-485 (adjustment of status, adults): approximately US$1,440, including biometrics.
• Form DS-260 (consular processing): approximately US$345 per applicant.

To these figures must be added mandatory medical examinations, certified translations, credential evaluation fees, and attorney fees, all of which vary considerably depending on the complexity of the position.

Timelines, the queue, and retrogression

A common misconception about the EB-3 is that it is a short process. In practice, three time blocks must be added together: the PERM (which can take one to two years, accounting for recruitment and audit), the processing of the I-140 (several months, or 15 days with Premium Processing), and the wait for the priority date.

This final stage is the one that varies most. The Visa Bulletin publishes the current dates monthly by category and country of birth. For most countries, including Brazil and Portugal, the EB-3 tends to be relatively current or only a few months behind. For those born in India, mainland China, and, at times, the Philippines, there is significant retrogression, with queues that can exceed a decade in the Other Workers subcategory.

As a result, two applicants with the same professional profile may have completely different experiences with the EB-3, depending solely on the country where they were born.

Strategic advantages and limitations

The EB-3 offers a direct and stable path to the Green Card without requiring capital investment like the EB-5 or extraordinary ability like the EB-1A or O-1. It is also the only EB category that accommodates occupations with lower formal qualification requirements, which has historically attracted workers in sectors such as hospitality, construction, and agriculture.

On the other hand, the EB-3 binds the worker closely to the sponsoring employer, at least until the Green Card is approved and the stage known as portability, provided for in section 204(j) of the INA, becomes available. Role changes before that milestone can invalidate the PERM and require restarting the process. The reliance on an employer willing to invest significant time and resources is therefore the primary real-world filter of the EB-3.

For those considering the EB-3 as an immigration route, the safest path involves clearly identifying the correct subcategory, validating one’s professional background against DOL criteria, and monitoring the Visa Bulletin before even accepting a job offer. Early decisions, such as accepting a position under the wrong subcategory, can cost years at the end of the process.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.