Understanding the EB-3 Visa
The EB-3 visa is one of the most accessible employment-based green card options for foreign nationals seeking to live and work permanently in the United States. Falling under the third preference category for employment-based immigration, the EB-3 visa offers three distinct subcategories tailored to individuals with varying qualifications, including professionals with a bachelor’s degree, skilled workers with relevant training or experience, and other workers in roles that require less formal preparation.
In this guide, we’ll break down the requirements for the EB-3 visa, who qualifies, how the PERM labor certification process works, and what both employers and foreign nationals need to know to successfully pursue this path to U.S. permanent residency.
Who Qualifies for the EB-3 Visa?
The EB-3 visa is divided into three main subcategories:
EB-3: Professionals
This subcategory applies to individuals who:
Hold a U.S. bachelor's degree or its foreign equivalent;
Are offered a job that requires a bachelor's degree as a minimum standard.
Important Note:
The degree must be equivalent based solely on education. A combination of education and work experience does not qualify someone for the EB-3 Professional category. If your job offer requires a bachelor’s degree, and your foreign employee holds the educational equivalent, this may be the correct path.
EB-3: Skilled Workers
This category targets individuals who:
Are offered a full-time, permanent position requiring at least two years of training or work experience;
May meet the requirements through a combination of education and work experience.
For example, a foreign national with several years of coaching or professional playing experience may qualify under this category, particularly in roles such as sports coaching or athletic training, which often require a blend of skill and education.
EB-3: Other Workers
This category covers positions that:
Require less than two years of training or experience;
Are non-seasonal and full-time.
Keep in Mind:
This subcategory often faces longer visa backlogs, making it less commonly pursued unless no other classification applies.
The Role of PERM Labor Certification in the EB-3 Process
A central component of the EB-3 process is the PERM labor certification, required for all three subcategories.
The employer must:
Test the U.S. labor market through advertising and recruitment;
Demonstrate that no qualified, willing, and available U.S. workers can fill the position;
Show that hiring the foreign national won’t negatively affect U.S. worker wages.
This is a detailed process handled by the U.S. Department of Labor (DOL) and is typically the first formal step before filing the immigrant petition.
Key Considerations When Choosing Between EB-3 Subcategories
Professional vs. Skilled Worker Classification
Understanding the difference is crucial:
Choose EB-3 Professional if the job requires a degree and the foreign national holds the educational equivalent.
Choose EB-3 Skilled Worker if the job requires experience or training, and the worker qualifies through education plus experience.
Visa Backlogs & Country Caps
The EB-3 category is subject to annual caps and country-specific limits, which means:
Applicants from India, China, and the Philippines may face longer wait times.
Subcategory backlogs also vary, with "Other Workers" typically having the longest queues.
Is the EB-3 Visa Right for You or Your Employee?
Whether you're an employer in the U.S. seeking to sponsor a foreign national or an individual exploring your options for permanent residency, the EB-3 visa offers a clear and structured path if the requirements are carefully met.
To maximize your chances of success:
Choose the correct subclassification (Professional vs. Skilled Worker);
Prepare thoroughly for the PERM labor certification;
Work with A&A Law Group to ensure compliance with U.S. immigration law and DOL regulations.
