EB-3 Green Cards: Skilled Workers, Professionals, and Other Workers

EB-3 is the employment-based, third-preference green card category for skilled workers, professionals, and "other workers" (sometimes called unskilled workers). All three groups generally need a U.S. employer sponsor and an approved Department of Labor labor certification (the PERM process) before they can get a green card. EB-3 is often described as the category "below" EB-2, and the "other workers" subgroup has one of the longest waits in the entire employment-based system because of a small annual cap built into the law. This article explains who fits in each EB-3 subcategory, how PERM and the visa process work, how EB-3 compares to EB-2, and where to check current wait times.

This is general information, not legal advice, and immigration rules, forms, and processing times change. Always confirm current requirements at uscis.gov, the Department of Labor's flag.dol.gov, and the State Department's travel.state.gov before you rely on anything here.

The three EB-3 subcategories

EB-3 is a single visa preference category, but it is split into three subgroups with different eligibility rules and, importantly, different visa number allocations:

• Skilled workers — the job requires at least two years of training or experience (and is not of a temporary or seasonal nature). This covers many trades, technical, and skilled production roles.
• Professionals — the job requires at least a U.S. bachelor's degree or a foreign equivalent, and you hold that degree. A combination of education and experience generally cannot substitute for the bachelor's degree in this subcategory.
• Other workers (unskilled workers) — the job requires less than two years of training or experience and is not temporary or seasonal. This covers many service, agricultural, and manual-labor positions where U.S. employers cannot find qualified, willing workers.

USCIS describes these three subgroups on its Employment-Based Immigration: Third Preference (EB-3) page. If your job requires an advanced degree (master's or higher) or you can show "exceptional ability," you may instead qualify for the second-preference (EB-2) category — see the comparison section below.

PERM labor certification: required for EB-3

With very limited exceptions, every EB-3 case — skilled worker, professional, or other worker — starts with a labor certification from the U.S. Department of Labor, commonly called PERM (the employer files Form ETA-9089 electronically through DOL's FLAG system). PERM requires the sponsoring employer to:

1. Obtain a prevailing wage determination for the specific job from DOL's National Prevailing Wage Center.
2. Conduct government-mandated recruitment to test the U.S. labor market for the position — for example, job postings, state workforce agency listings, and additional recruitment steps depending on the occupation.
3. Show that no U.S. worker who applied was qualified, willing, and available for the job, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
4. File Form ETA-9089 with DOL and wait for certification (or respond to an audit if DOL selects the case for review).

Only after PERM is certified can the employer file Form I-140 (Immigrant Petition for Alien Worker) with USCIS. PERM processing steps and timelines are set by DOL and change over time — check the current process and processing-time information at flag.dol.gov rather than relying on a number you saw in an ad or blog post.

How EB-3 compares to EB-2

People often ask whether they should pursue EB-2 or EB-3. A few key differences:

• Degree/experience requirements. EB-2 generally requires an advanced degree (U.S. master's or higher, or a foreign equivalent) or a bachelor's degree plus five years of progressive experience, or documented "exceptional ability." EB-3 professionals need only a bachelor's degree; EB-3 skilled workers need two or more years of training or experience; EB-3 other workers need less than two years.
• Labor certification. Both EB-2 (in most cases) and EB-3 require PERM labor certification and an employer sponsor. The main exception is the EB-2 National Interest Waiver, which lets certain self-petitioners skip both the job offer and PERM — there is no equivalent self-petition or waiver option in EB-3.
• Visa wait times. Which category moves faster depends on your country of birth and changes from month to month based on demand and the Department of State's Visa Bulletin. EB-2 is sometimes faster than EB-3, and sometimes the reverse is true — there is no fixed rule, so check the current Visa Bulletin rather than assuming either category is always quicker.
• Downgrading and upgrading. Some petitioners who qualify for EB-2 file (or later request to be considered) under EB-3 instead, or vice versa, when it works out to a shorter wait for their specific country of birth. This is a case-specific strategy question best discussed with an immigration attorney, since eligibility for the underlying classification still has to be met.

Why "other workers" has a notably long backlog

The law does not treat all of EB-3 the same when it comes to visa numbers. Under the Immigration and Nationality Act (INA § 203(b)(3)), the "other workers" subcategory is limited to no more than 10,000 immigrant visas per year — a small slice carved out of the larger EB-3 annual allocation, which itself is capped at roughly 28.6% of the total worldwide employment-based limit. Skilled workers and professionals draw from the larger remaining pool, while other workers compete for that much smaller 10,000-visa subcap, worldwide, every year.

Because demand for the "other workers" subcategory routinely exceeds that small annual number, and because per-country limits apply on top of the subcap, waits in this subcategory have historically run far longer than skilled worker/professional waits in the same EB-3 preference — sometimes for years, and the exact wait varies enormously by country of birth and can move backward (retrogress) as well as forward. There is no reliable fixed number of years to quote here, because it depends on current demand, your country of birth, and policy factors that change over time.

Checking your actual wait: the Visa Bulletin

The only reliable way to see where things currently stand is the Department of State's monthly Visa Bulletin at travel.state.gov. It lists, separately, a "Final Action Dates" chart and (in many months) a "Dates for Filing" chart for each employment-based category, broken out by country of birth — including a row specifically for "3rd" (skilled workers/professionals) and, importantly, a separate row for "Other Workers" within the same table. Compare your priority date (generally the date your PERM application, or in some cases your I-140, was filed) against the relevant chart and category each month. USCIS separately announces which chart (Final Action Dates or Dates for Filing) applies for adjustment-of-status filing each month on its Visa Availability page.

Do not rely on wait-time figures from law firm marketing pages, forums, or older articles (including this one, as time passes) — Visa Bulletin movement changes monthly and can retrogress. Always check the current chart directly.

What to do: general process steps

1. Confirm which EB-3 subgroup fits your job — skilled worker, professional, or other worker — based on the actual requirements of the position being offered, not just your personal background.
2. Employer obtains a prevailing wage determination from DOL's National Prevailing Wage Center for that specific job.
3. Employer conducts required recruitment and, if no qualified U.S. worker is found, files Form ETA-9089 (PERM) with DOL.
4. Once PERM is certified, employer files Form I-140 with USCIS, generally listing your PERM-established priority date.
5. Track the Visa Bulletin each month for your subcategory (skilled workers/professionals vs. other workers) and country of birth to see when your priority date becomes current.
6. When a visa number is available, file Form I-485 (adjustment of status) if you are already lawfully in the U.S., or complete consular processing (Form DS-260) through the National Visa Center and a U.S. embassy or consulate if you are abroad.

Confirm the current edition of every form and its filing fee directly on uscis.gov and flag.dol.gov before filing — both change periodically and this article does not attempt to state current fees.

Common pitfalls

• Assuming your job automatically fits a subgroup. The requirement is based on what the position genuinely requires, not what degree or experience you happen to have. A mismatch between the job's actual requirements and the PERM filing can lead to denial.
• Changing jobs or employers mid-process. PERM and I-140 petitions are tied to a specific employer and position. Job changes before your green card is approved can affect your case — get case-specific advice before making a move, especially before your I-485 has been pending 180 days (a threshold relevant to job-portability rules under INA § 204(j)).
• Confusing an approved I-140 with a green card. Approval confirms your immigrant classification; you still need an available visa number under the Visa Bulletin and an approved I-485 or consular immigrant visa before you actually become a permanent resident.

Beware of immigration fraud

PERM and EB-3 cases involve detailed paperwork and long timelines, which scammers exploit. Be wary of anyone — including a "notario público," immigration "consultant," or recruiter — who guarantees approval, promises to skip PERM recruitment steps, or asks for large cash payments outside a normal attorney fee agreement. Only licensed attorneys and representatives accredited by the Department of Justice's Executive Office for Immigration Review (EOIR) may lawfully provide immigration legal advice in most circumstances. Verify a lawyer through your state bar, or find an accredited representative through EOIR's recognition and accreditation program at justice.gov/eoir.

This article is general information, not legal advice, and does not create an attorney-client relationship. Because PERM and EB-3 timelines and eligibility rules are technical and case-specific, consider consulting a qualified immigration attorney or a DOJ-accredited representative before your employer files, and never rely on a notario or unlicensed "consultant" to handle your case.