Employment-Based Permanent Residency (Green Card)
EB3 Information
Employment-Based Immigration – Third Preference (EB3)
While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the "other workers" category. The regulations for EB-3 workers are found at 8 CFR § 204.5.
EB-3 classification includes:
- Aliens with at least two years of experience as skilled workers
- Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-750 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled. For more information, please see the Department of Labor's Employment and Training Administration Website
- Professionals with a baccalaureate degree
- Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession, plus experience.
- Alternatives to the U.S. baccalaureate degree (4 year) include:
- 3 years college education and 3 years substantially related experience in lieu of required education and experience
- 2 years college education and 6 years substantially related experience in lieu of required education and experience
- 1 year of college education and 9 years substantially related experience in lieu of required education and experience
- Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession, plus experience.
- Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
- Other workers are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category.
To apply for I-140, the original approved PERM Labor Certification (ETA 9089) must be submitted to USCIS containing the employer’s, beneficiary’s, and attorney’s signatures along with the relevant filing fees, forms, and supporting documentation.