EB-3 Skilled Worker Green Card: Requirements, Process, Fees, and Timeline

The EB-3 visa is a permanent, employment-based immigrant visa (a green card category) for foreign workers who have a full-time, permanent job offer from a U.S. employer and who qualify as a skilled worker, a professional with a bachelor's degree, or an "other worker" in a position needing less than two years of training. It is created by section 203(b)(3) of the Immigration and Nationality Act (INA), and except for the two Schedule A occupations it requires the employer to first obtain a labor certification from the U.S. Department of Labor (DOL) showing that no able, willing, qualified, and available U.S. worker can fill the job.

This page explains who qualifies, how the three-stage process works (PERM labor certification, Form I-140 petition, and green card application), what it costs, how long it takes, and where cases go wrong.

What is the EB-3 visa and who is it for?

EB-3 is the third of five employment-based immigrant visa preferences in INA 203(b). Congress allots it 28.6 percent of the worldwide employment-based total (currently a minimum of 140,000 per fiscal year across all five preferences), plus any numbers not used by EB-1 and EB-2.

It is designed for workers who do not meet the requirements of EB-1 (extraordinary ability, outstanding researchers, multinational executives) or EB-2 (advanced degrees or exceptional ability), but who have a real, permanent job with a U.S. employer willing to sponsor them. Examples of sponsored roles include software developers with a bachelor's degree, cooks with two or more years of experience, welders, electricians, registered nurses, physical therapists, and, in the other-workers subcategory, roles such as housekeepers, meat processors, landscapers, and caregivers.

The defining feature of EB-3 is that the employer drives the process. The worker cannot file on their own. The employer must test the U.S. labor market, obtain DOL certification, file the immigrant petition, and prove it can pay the offered wage. The worker's role is to document their qualifications and, at the final stage, apply for the green card itself.

What are the three EB-3 subcategories?

INA 203(b)(3)(A) creates three groups. The regulation at 8 CFR 204.5(l) fills in the definitions.

Two points matter in practice.

First, the subcategory is set by the job requirements listed on the labor certification, not by the worker's personal credentials. A person with a master's degree who is sponsored for a job requiring two years of experience is a skilled worker, not a professional. USCIS looks at what the certified job requires and then checks whether the worker met those requirements as of the priority date.

Second, the other-workers subcategory has a separate, much smaller pool. INA 203(b)(3)(B) caps it at 10,000 per year, and section 203(e) of the Nicaraguan Adjustment and Central American Relief Act (NACARA) has required a further reduction in some years. Because this separate numerical limit is small relative to demand, the other-worker line in the Visa Bulletin can carry a different, and generally longer, backlog than the skilled-worker and professional line for the same country.

EB-3 eligibility and requirements

Requirements for the worker

1. You meet the job's minimum requirements as of the priority date. USCIS measures your education and experience against the requirements written into the approved labor certification, and you must have met them on the day DOL received the PERM application. Experience gained after that date does not count.
2. Experience gained with the sponsoring employer counts only in limited circumstances. Under 20 CFR 656.17(i), experience with the sponsor may be used only if it was gained in a position not substantially comparable to the offered job, or if the employer shows it is no longer feasible to train a U.S. worker to qualify. Experience in the same job with the same employer generally cannot be used. This trips up workers who have been in the same role with the sponsor for years.
3. For professionals, you hold the degree. 8 CFR 204.5(l)(2) and (l)(3)(ii)(C) require a U.S. baccalaureate degree or a foreign equivalent degree, proven with an official college or university record. A combination of education and experience cannot substitute for the degree in the professional subcategory. If your degree is a three-year foreign bachelor's, the petitioner must establish that this particular degree is the foreign equivalent of a U.S. bachelor's degree; a credential evaluation is evidence, but it does not by itself make a non-equivalent degree equivalent. This needs planning before PERM is filed, because the alternative may be the skilled-worker subcategory instead.
4. For skilled workers, you have at least two years of training or experience. Documented by letters from prior employers or trainers.
5. You are admissible to the United States (or eligible for a waiver) under INA 212. Health, criminal, security, prior immigration violations, and public charge grounds are all reviewed at the green card stage.
6. If you are adjusting status inside the U.S., you meet the Adjustment of Status rules in INA 245. Employment-based applicants must have been inspected and admitted or paroled and must not fall under the bars in INA 245(c) for failure to maintain status or unauthorized employment. INA 245(k) excuses those specific bars only if, since your most recent lawful admission (parole does not count as an admission for this purpose), the total time you were out of status, worked without authorization, or otherwise violated the terms of your admission does not exceed 180 days. It does not excuse other grounds of inadmissibility.

Requirements for the employer

1. A permanent, full-time job offer. DOL defines full-time as 35 hours or more per week under 20 CFR 656.3. Seasonal, temporary, or part-time positions do not qualify.
2. An approved labor certification (or a Schedule A occupation, discussed below).
3. Ability to pay the offered wage from the priority date until the worker becomes a permanent resident. Under 8 CFR 204.5(g)(2), this is shown with annual reports, federal tax returns, or audited financial statements. Employers with 100 or more employees may submit a statement from a financial officer instead. If the worker is already on payroll at or above the offered wage, pay records can satisfy the requirement.
4. A bona fide job opening open to U.S. workers. Where the worker owns part of the business or is related to the owner, DOL and USCIS review the case closely and may find that no genuine job opportunity exists.

What are the benefits of an EB-3 green card?

• Lawful permanent residence. An EB-3 immigrant visa or approved Adjustment of Status gives you a green card with no set expiration on your status (the card itself is renewed every ten years). You can live and work anywhere in the United States.
• No advanced degree required, and in two subcategories no degree at all. The professional subcategory needs only a bachelor's degree. The skilled-worker and other-worker subcategories have no degree requirement, which makes EB-3 the employment-based category built for trades, health care, hospitality, and other jobs defined by experience rather than academic credentials.
• Green cards for your family. Your spouse and unmarried children under 21 can apply as derivative beneficiaries under INA 203(d), whether they apply with you or follow to join later.
• Work authorization and travel while waiting, in some cases. If your priority date allows you to file Form I-485 inside the U.S., you can request an Employment Authorization Document (Form I-765) and Advance Parole travel document (Form I-131), and your dependents can too.
• Job flexibility after 180 days. Once your I-485 has been pending 180 days or more, INA 204(j) may allow you to change to a same or similar job with a new employer without losing the petition, if the petition remains valid.
• A path to citizenship. Permanent residents may generally apply for naturalization after five years as a permanent resident under INA 316.
• Extensions beyond the H-1B six-year limit. Under section 106(a) of the American Competitiveness in the Twenty-first Century Act (AC21), a labor certification or I-140 filed at least 365 days earlier can support one-year H-1B extensions past six years. Under AC21 section 104(c), an approved I-140 can support three-year extensions when you would be eligible for the immigrant classification but for the per-country limitation.

What is PERM labor certification and why does EB-3 depend on it?

INA 212(a)(5)(A) makes EB-3 workers inadmissible unless the Secretary of Labor certifies that there are not sufficient U.S. workers who are able, willing, qualified, and available for the job at the place of employment, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The Program Electronic Review Management system (PERM), governed by 20 CFR Part 656, is how DOL makes that determination.

PERM has three parts:

Prevailing wage determination (PWD). The employer files Form ETA-9141 with DOL's National Prevailing Wage Center describing the job, its duties, and its minimum requirements. DOL assigns a wage level and issues a determination the employer must agree to pay at least that wage once the worker is a permanent resident (20 CFR 656.10(c)). If the employer's requirements exceed what is normal for the occupation, DOL can raise the wage level or later find the requirements unduly restrictive.

Recruitment. The timing rules in 20 CFR 656.17(e) are measured backward from the filing date, not forward from the first ad. For professional occupations, the employer must place a 30-day job order with the State Workforce Agency and run two Sunday print advertisements in a newspaper of general circulation (one may be replaced by a professional journal ad in some cases); these mandatory steps must take place at least 30 days but no more than 180 days before filing. The employer must also complete three additional recruitment steps from a list of ten (such as the employer's website, a job search website, on-campus recruiting, or an employee referral program), and only one of those three may consist solely of activity within the 30 days before filing. For nonprofessional occupations, the job order and two Sunday ads are required, also at least 30 and no more than 180 days before filing, and the three additional steps are not. A Notice of Filing must be posted at the worksite for 10 consecutive business days under 20 CFR 656.10(d).

Filing ETA Form 9089. After recruitment, the employer reviews every U.S. applicant and can file only if none was able, willing, qualified, and available, judged against the stated minimum requirements. Rejecting U.S. applicants for lawful, job-related reasons must be documented in a recruitment report. The employer then files ETA Form 9089 through DOL's Foreign Labor Application Gateway (FLAG). The current form edition and FLAG system instructions control how the application must be completed, and under 20 CFR 656.17(a)(1) an incomplete application is denied. DOL may certify, deny, or select the case for audit. The date DOL receives the 9089 becomes the worker's priority date under 8 CFR 204.5(d).

The EB-3 application process, step by step

1. Confirm the category and the job requirements. Employer and counsel define the position's true minimum requirements, decide whether it is a skilled worker, professional, or other worker job, and confirm the worker met those requirements as of the priority date using experience that can lawfully be counted (generally experience with other employers, or with the sponsor in a substantially different position).
2. Request the prevailing wage determination (Form ETA-9141). DOL issues the wage the employer must commit to pay.
3. Conduct PERM recruitment. Job order, Sunday ads, additional steps for professional roles, and the Notice of Filing. Interview and document every U.S. applicant.
4. File ETA Form 9089. Filed so that the mandatory job order and advertisements ended at least 30 days, and began no more than 180 days, before the filing date, with no more than one additional professional step falling solely within the final 30 days. The receipt date locks in your priority date. DOL certifies, audits, or denies.
5. Employer files Form I-140, Immigrant Petition for Alien Workers, with USCIS. Filed within 180 days of certification, with the certified 9089, proof of ability to pay, and proof the worker meets the requirements. Premium processing (Form I-907) is available for EB-3 I-140s and USCIS commits to act within 15 business days for this category.
6. Wait for the priority date to become current. Check the Department of State Visa Bulletin each month for your subcategory and country of chargeability (generally country of birth). USCIS announces each month whether it accepts I-485 filings under the Final Action Dates chart or the Dates for Filing chart.
7. File the green card application. Inside the U.S.: Form I-485, Application to Register Permanent Residence or Adjust Status, with Form I-765 and Form I-131 if wanted. Under 8 CFR 245.2(a)(2)(i)(B), the I-485 may be filed concurrently with the I-140 if a visa number is available at that time. Outside the U.S.: after I-140 approval, the National Visa Center (NVC) collects fees and documents, and you file Form DS-260 and attend an immigrant visa interview at a U.S. consulate.
8. Biometrics, medical exam, and interview. USCIS collects fingerprints and photos, you submit Form I-693 from a designated civil surgeon (or a panel physician exam for consular cases), and USCIS may schedule an interview or waive it.
9. Approval and the green card. For Adjustment of Status, USCIS approves the I-485 and mails the card. For consular processing, you receive the immigrant visa, pay the USCIS Immigrant Fee, and become a permanent resident on the day you are admitted to the U.S. on that visa.

What documents are needed for an EB-3 petition?

From the employer (PERM and I-140)

• Prevailing wage determination and all recruitment proof: tear sheets or digital copies of ads, job order confirmation, screenshots of website postings, the posted Notice of Filing, and the signed recruitment report.
• Resumes and interview notes for every U.S. applicant, with lawful, job-related reasons for each rejection.
• Certified ETA Form 9089, signed by employer, worker, and preparer.
• Proof of ability to pay: federal tax returns, audited financial statements, or annual reports for every year from the priority date forward; or a financial officer's letter if the company has 100 or more employees; plus W-2s or pay stubs if the worker is already employed.
• Evidence of the employer's existence and business: articles of incorporation, business licenses, Employer Identification Number, organizational charts if requested.

From the worker

• Passport biographical page and any prior U.S. visas, I-94 records, and approval notices.
• Diplomas and official transcripts. For foreign degrees, a credential evaluation from a reputable evaluator addressing U.S. equivalence, supported by the official university record.
• Experience or training letters. 8 CFR 204.5(l)(3)(ii)(A) requires letters from current or former employers or trainers giving the writer's name, address, and title and describing the training or experience. In practice, letters that also state dates of employment, hours per week, job title, and specific duties matching the labor certification requirements are far easier for USCIS to credit.
• Licenses or certifications the job requires.
• For nurses, physical therapists, and other listed health care occupations: the health care worker certification (known as the VisaScreen certificate) required at the immigrant visa or Adjustment of Status stage by INA 212(a)(5)(C) and 8 CFR 212.15.

For the green card stage (I-485 or DS-260)

• Birth certificate with certified translation.
• Marriage certificate and proof any prior marriages ended, for spouses.
• Form I-693 medical examination (sealed, from a USCIS-designated civil surgeon) or the consular panel physician exam.
• Police certificates for consular cases.
• Proof of lawful status history for Adjustment of Status: every I-94, approval notice, and pay record if relevant to INA 245(k).
• Passport-style photos and, for I-485, the I-140 approval or receipt notice.
• Form I-864, Affidavit of Support, only if a relative filed the petition or a relative owns five percent or more of the petitioning business (8 CFR 213a.2(a)(2)(ii)(C)). In other EB-3 cases it is not required, though USCIS still assesses public charge under INA 212(a)(4).

EB-3 filing fees

Government fees below were confirmed against the USCIS fee schedule (Form G-1055, edition 08/29/25) and the Department of State fee page as of September 28, 2026. Fees change; the live schedules control on the day you file.

USCIS requires the I-140 filing fee and the Asylum Program Fee as two separate payments of the same payment type, and rejects packages that combine them or that leave the small-employer and nonprofit questions in Part 1 of Form I-140 blank. Each I-485 applicant, including each dependent, pays their own fee. Attorney fees, credential evaluations, translations, and advertising costs are additional.

EB-3 processing time and timeline

No one can promise a timeline. Each stage has its own government queue, and the priority-date wait in between can be longer than every other stage combined. The published tools to check are the DOL FLAG processing times page for PWD and PERM, the USCIS Check Case Processing Times tool for I-140 and I-485 at your service center, and the monthly Visa Bulletin for your cutoff date.

During fiscal year 2026, DOL's FLAG page reported prevailing wage and PERM adjudication times each measured in months, so the DOL stages plus I-140 adjudication have together taken more than a year for cases without premium processing. For a worker born outside India and mainland China with a professional or skilled-worker job, the worldwide EB-3 cutoff has advanced in fiscal year 2026 but has not been current in every month. Visa Bulletins published through fiscal year 2026 have shown EB-3 Final Action Dates for India and mainland China years behind the worldwide date, and the other-worker line for those countries behind the skilled-worker line. These are descriptions of published bulletins, not predictions.

How priority dates and the Visa Bulletin control your EB-3 wait

Your priority date is the date DOL received your ETA Form 9089 (or, for Schedule A cases with no PERM, the date USCIS received the I-140). Under INA 203(e), immigrant visas are issued in priority-date order within each preference and country.

Each month the Department of State publishes the Visa Bulletin with two charts:

• Final Action Dates (Chart A): the cutoff for actually approving a green card or issuing an immigrant visa. If your priority date is earlier than the listed date, a visa number is available.
• Dates for Filing (Chart B): an earlier cutoff that, when USCIS chooses to honor it, lets people file Form I-485 before a number is actually available so the file is ready when it is.

USCIS announces monthly on its Adjustment of Status Filing Charts page which chart applies. Consular applicants follow NVC instructions based on Dates for Filing for document collection and Final Action Dates for interview scheduling.

INA 202(a)(2) limits any single country to seven percent of the combined family and employment total each year. Chargeability is generally the country of birth, not citizenship. Under INA 202(b), a spouse may in some cases be charged to the other spouse's country of birth (cross-chargeability), which can shorten the wait for a couple where one spouse was born in a less oversubscribed country. Because demand from Indian- and Chinese-born applicants exceeds their seven percent share, their EB-3 cutoffs sit behind the worldwide date.

Cutoff dates can also move backward (retrogression) when demand exceeds the supply DOS estimated, and a category can become "unavailable" late in a fiscal year when the annual limit is reached. A pending I-485 is not denied when this happens; it waits until a number is available again.

Adjustment of Status vs. consular processing for EB-3

A worker with periods of unauthorized employment or a status gap needs an attorney to run the INA 245(k) count before choosing. Under INA 212(a)(9)(B)(i), a person who accrued more than 180 days but less than one year of unlawful presence and then departs is generally inadmissible for three years; one year or more triggers a ten-year bar. Both are subject to statutory exceptions and waivers. Departing to consular process can trigger a bar that Adjustment of Status might have allowed the applicant to avoid, depending on the facts.

Can you change employers during the EB-3 process?

The answer depends on where the case stands.

Before I-140 approval. The labor certification is employer- and job-specific. If you leave, the new employer must start PERM over, and a pending I-140 that the employer withdraws is simply withdrawn.

After I-140 approval. Two separate rules apply. First, priority-date retention: under 8 CFR 204.5(e), the priority date of an approved EB-1, EB-2, or EB-3 petition can be used for any later petition in those categories filed by any employer, unless USCIS revoked the approval for fraud, willful misrepresentation, material error, or DOL invalidation of the labor certification. This does not depend on how long the petition was approved; an employer's later withdrawal does not by itself erase the priority date. Second, continued petition validity: under 8 CFR 205.1(a)(3)(iii)(C), if the I-140 has been approved for 180 days or more (or an associated I-485 has been pending 180 days or more), the employer's withdrawal or the business closing no longer automatically revokes the approval, so the petition remains valid for purposes such as H-1B extensions and INA 204(j) portability. Absent portability, the new employer still needs its own PERM and I-140, but you carry the old priority date forward.

After I-485 has been pending 180 days or more. INA 204(j) and 8 CFR 245.25 allow an approved (or approvable) I-140 to remain valid for a new job offer in the same or a similar occupational classification, with the same or a different employer, or through self-employment, if the I-485 has remained unadjudicated for 180 days or more. USCIS may ask for evidence of the new offer, or the applicant may submit it, on Form I-485 Supplement J, following current USCIS instructions. USCIS compares the Standard Occupational Classification codes, duties, required skills, and wages of the two jobs. A move from staff nurse to a nursing supervisor role may be found 

similar depending on the evidence; a move from software developer to sales director would be hard to support.

EB-3 vs. EB-2: which category fits?

The category is chosen when the PERM is drafted. If the job legitimately requires a master's degree or a bachelor's plus five years, EB-2 may be available. If the employer writes requirements higher than the job actually needs to reach EB-2, DOL can find the requirements unduly restrictive under 20 CFR 656.17(h) and deny the PERM, or the audit may reveal the current employee did not meet them when hired.

Downgrading from EB-2 to EB-3

Because the EB-3 cutoff date has at times moved ahead of EB-2 for India and China, some workers with approved EB-2 I-140s have had their employer file a second I-140 in EB-3 based on the same labor certification. USCIS has accepted this when the certified job requirements also satisfy an EB-3 subcategory (a job requiring a bachelor's plus five years meets the professional definition, for example). The worker keeps the original priority date under 8 CFR 204.5(e).

The mechanics need attorney review before filing. A labor certification submitted with an I-140 within its 180-day validity period does not expire on that timeline (20 CFR 656.30(b)), but the second petition must follow USCIS procedures for petitions based on a labor certification already filed with an earlier I-140, and the status of the original petition and certification (approved, pending, revoked, or invalidated) controls whether a second filing is possible. The employer must again prove ability to pay from the original priority date forward, and the EB-3 date can retrogress back behind EB-2 after you have filed, leaving you with two pending cases and no faster result. The strategy is fact-specific and should be revisited each month against the current bulletin.

Schedule A: EB-3 for registered nurses and physical therapists

DOL has pre-certified a shortage in two Schedule A, Group I occupations under 20 CFR 656.5: professional nurses and physical therapists. For these jobs, the employer skips PERM recruitment and files the I-140 directly with USCIS, attaching an uncertified ETA Form 9089, a prevailing wage determination, and a Notice of Filing posted for 10 consecutive business days (20 CFR 656.15). The priority date is the I-140 receipt date.

The Schedule A petition evidence is occupation-specific:

• Physical therapists (20 CFR 656.15(c)(1)): a letter or statement signed by an authorized state physical therapy licensing official in the state of intended employment, stating that the worker is qualified to take that state's written licensing examination.
• Professional nurses (20 CFR 656.15(c)(2)): one of the following: a Commission on Graduates of Foreign Nursing Schools (CGFNS) certificate, evidence of passing the NCLEX-RN, or a full and unrestricted license to practice professional nursing in the state of intended employment.

This Schedule A evidence goes to the DOL labor-market question and is separate from the health care worker certification (VisaScreen) required at the immigrant visa or Adjustment of Status stage under INA 212(a)(5)(C) and 8 CFR 212.15. A nurse or physical therapist needs both, at different points in the process.

Schedule A removes the recruitment stage but not the priority-date wait. Schedule A nurses and physical therapists draw from the same EB-3 pool as every other skilled worker and professional from their country of birth.

Can family members get green cards through EB-3?

Yes. Under INA 203(d), your spouse and unmarried children under 21 may receive the same classification and apply as derivative beneficiaries. They do not need their own I-140. Each files their own I-485 (or DS-260) with their own fee, medical exam, and biometrics. Derivatives who are abroad while you adjust status can follow to join later through Form I-824 and consular processing.

Two timing traps apply:

• Children aging out. A child who turns 21 before a visa number is available may lose derivative status. The Child Status Protection Act (INA 203(h)) freezes the child's age at the moment the visa became available, minus the time the I-140 was pending, provided the child seeks to acquire permanent residence within one year of visa availability. USCIS Policy Manual Volume 7, Part A, Chapter 7 explains which Visa Bulletin chart controls the age calculation. Long EB-3 backlogs make this a real risk for families from India and China.
• Marriage of a derivative. A child who marries before becoming a permanent resident is no longer a "child" under INA 101(b)(1) and loses derivative eligibility.

A spouse who marries you after your I-485 is approved cannot be added as a derivative; you would instead sponsor them as a permanent resident in the F-2A family preference.

Working in the U.S. while waiting: H-1B extensions and EADs

An EB-3 beneficiary may already be in the U.S. in H-1B, L-1, TN, F-1 OPT, or another status when the process begins. The EB-3 case does not itself grant status; it runs alongside whatever status you hold.

• H-1B beyond six years. AC21 section 106(a), as implemented at 8 CFR 214.2(h)(13)(iii)(D), allows one-year H-1B extensions past the six-year maximum if a labor certification or I-140 was filed at least 365 days before the extension would take effect and remains pending or approved (with limits if the petition is denied or the worker fails to file for the green card within a year of visa availability). AC21 section 104(c), at 8 CFR 214.2(h)(13)(iii)(E), allows three-year extensions when the worker has an approved I-140 and would be eligible for the immigrant classification but for the per-country limitation in INA 202(a). Visa unavailability for other reasons does not qualify under 104(c).
• Dual intent. H-1B and L-1 status tolerate immigrant intent. F-1, B-1/B-2, TN, and J-1 do not carry the same protection, and a pending I-140 or PERM can be raised at a visa interview or port of entry. A TN professional with a pending I-140 should plan renewals and travel with counsel.
• EAD based on a pending I-485. Once the I-485 is filed, you and your dependents may request an EAD under 8 CFR 274a.12(c)(9). Working on that EAD for an employer or in a role not covered by your H-1B approval can mean you are no longer maintaining H-1B status. Whether you can still travel without Advance Parole then depends on the 8 CFR 245.2(a)(4)(ii) conditions: lawful H-1B status, continued eligibility, a valid visa if required, and return to resume the authorized H-1B employment. The status consequences are fact-specific and worth mapping with counsel before you use the EAD.

Risks and mistakes that derail EB-3 cases

Requirements the worker did not meet before joining the sponsor. A recurring audit and I-140 issue in employer-sponsored cases is experience gained with the petitioning employer in the same or a substantially comparable job. Under 20 CFR 656.17(i), that experience cannot be used unless the employer proves it is no longer feasible to train a U.S. worker. Fix this at the planning stage, not at the I-140 stage.

Ability to pay gaps. USCIS measures ability to pay in every year from the priority date forward. A startup with net losses, or an employer that paid less than the offered wage during a slow year, may receive a Request for Evidence or a denial. USCIS Policy Manual Volume 6, Part E, Chapter 4 describes the analysis, including the totality-of-circumstances review under Matter of Sonegawa.

Missed 180-day windows. A certified PERM expires 180 days after certification if no I-140 is filed. Miss the filing and recruitment begins again with a new priority date.

Relying on Dates for Filing that USCIS then stops accepting. USCIS can switch charts month to month. An applicant who assembles a package for Chart B and files in a month where USCIS requires Chart A will be rejected.

Travel without Advance Parole. Leaving the U.S. while an I-485 is pending, without Advance Parole, is treated as abandonment under 8 CFR 245.2(a)(4)(ii) unless you fit one of the regulatory exceptions. Those exceptions for H-1, L-1, H-4, L-2, K-3, K-4, and V travelers each carry conditions, including lawful status, continued eligibility, and a valid visa when one is required; H-1 and L-1 principals must be returning to resume employment with the same authorized employer. Do not assume a nonimmigrant status protects the I-485 without checking each condition.

Layoffs and business changes. If the sponsor laid off workers in the same or a related occupation and area within the six months before filing PERM, 20 CFR 656.17(k) requires the employer to notify and consider those laid-off U.S. workers. A merger or acquisition may require a successor-in-interest analysis for the I-140 under USCIS Policy Manual Volume 6, Part E, Chapter 3.

Fee rejections. USCIS rejects I-140 packages with a combined I-140 and Asylum Program Fee payment, mixed payment types, or unanswered fee-eligibility questions. A rejection is not a denial, but it costs weeks, and if the PERM's 180-day validity lapses in the meantime the loss is severe.

Other-worker misclassification. A job with a two-year experience requirement filed as "other worker" wastes years in a slower queue; a job filed as skilled where the worker only has 18 months of experience is likely to be denied because the worker does not meet the certified requirements.

Public charge and admissibility surprises at the end. Criminal history, prior misrepresentation on a visa application, or a prior period of unlawful presence surface at the I-485 or consular stage, after years of investment. Disclose these to counsel at the start so a waiver strategy can be evaluated.

From EB-3 green card to U.S. citizenship

An EB-3 green card is not conditional. There is no two-year conditional period like the marriage-based CR-1 or EB-5 categories, and no second petition to remove conditions. Once approved, you are a lawful permanent resident.

Under INA 316(a), you may generally apply for naturalization (Form N-400) after five years of continuous residence as a permanent resident, with at least 30 months of physical presence in the U.S. during those five years, and at least three months in the state or USCIS district where you file. Under 8 CFR 334.2(b), you may file up to 90 days before the five-year anniversary. Absences of six months or more can break continuous residence, and absences of a year or more break it. Form N-470 can preserve residence only for permanent residents who meet the prerequisites of INA 316(b) or 317 (specified U.S. government, research, business, international organization, or religious work abroad, generally after one year of continuous physical presence first); it is not available to every permanent resident. If you plan long assignments abroad after getting your green card, discuss a reentry permit (Form I-131) and N-470 eligibility with counsel before leaving.

Frequently asked questions about the EB-3 visa

• What is the difference between EB-3 skilled worker and EB-3 professional?
  A skilled worker fills a job requiring at least two years of training or experience. A professional fills a job that requires a U.S. bachelor's degree or foreign equivalent and holds that degree. The label follows the job requirements on the labor certification. Both share the same visa numbers and the same Visa Bulletin cutoff line.
• Can I apply for EB-3 without a job offer?
  No. Every EB-3 case requires a U.S. employer to file Form I-140 for a permanent, full-time position. Self-petitioning exists only in EB-1A and the EB-2 National Interest Waiver.
• How long does the EB-3 process take?
  There is no fixed time. Prevailing wage, PERM, and I-140 adjudication each have their own queue, and the wait for a visa number depends on your subcategory and country of birth. Check the DOL FLAG page, the USCIS processing times tool, and the current Visa Bulletin for live figures, and expect them to change.
• Can I use premium processing for EB-3?
  Yes, for the Form I-140, for a $2,965 fee as of September 28, 2026. USCIS commits to take action on EB-3 I-140s within 15 business days of receiving Form I-907. Premium processing does not speed up PERM, the Visa Bulletin, or the I-485.
• Can my employer make me pay for PERM?
  No. Under 20 CFR 656.12(b), the employer may not seek or receive payment from you for any activity related to obtaining the labor certification, including the employer's attorney fees. You may pay for an attorney who represents only you. Who pays the I-140 filing fee and later green card fees is negotiable.
• What happens if my employer withdraws the I-140?
  If the I-140 was approved for 180 days or more, withdrawal does not automatically revoke it under 8 CFR 205.1(a)(3)(iii)(C). You keep the priority date for a future petition by any employer under 8 CFR 204.5(e). If your I-485 has also been pending 180 days or more and you have a new offer in the same or a similar occupation, you may be able to port under INA 204(j); all of those conditions must be met, and the 180-day withdrawal protection alone does not establish portability.
• Can I file the I-140 and I-485 at the same time?
  Yes, if a visa number is available for your priority date under the chart USCIS is accepting that month (8 CFR 245.2(a)(2)(i)(B)). If your date is not current, the I-485 must wait.
• Is EB-3 faster than EB-2?
  Not inherently. In most Visa Bulletins published in fiscal years 2025 and 2026, EB-2 cutoff dates were ahead of EB-3 for the same country, but there have been stretches, including for India and China, where EB-3 moved ahead. Choose the category based on the job's true requirements, with the Visa Bulletin trend as one factor.
• What is the EB-3 "other worker" category and why is it slower?
  It covers jobs requiring less than two years of training or experience. INA 203(b)(3)(B) caps it at 10,000 visas per year worldwide, before statutory reductions. That separate, smaller limit has produced its own backlog, which in recent bulletins has run behind the skilled and professional line for the same country.
• Can my spouse work while my EB-3 is pending?
  If your spouse is inside the U.S. and files their own I-485 as your derivative, they can request an EAD under 8 CFR 274a.12(c)(9). Before the I-485 is filed, the EB-3 case gives your spouse no work authorization; they need their own status (for example H-4 with an approved EAD, or L-2).
• Does an approved I-140 give me any status in the U.S.?
  No. An approved I-140 is a classification, not a status or work permit. You must maintain a separate nonimmigrant status or have a pending I-485 with an EAD to remain and work lawfully.
• Can I get an EB-3 green card if I am in the U.S. on a B-2 or F-1?
  Possibly, but with care. An employer can file PERM and I-140 for you regardless of your current status. Whether you can adjust status depends on maintaining lawful status (or staying within the 180-day limit of INA 245(k)) until the I-485 is filed, and a pending immigrant petition can be raised against you when you seek to extend or re-enter in a nonimmigrant category that does not allow dual intent.
• Can an employer sponsor me for EB-3 while I am outside the United States?
  Yes. PERM and the I-140 do not require you to be in the U.S. After I-140 approval and once your priority date is current, you complete the case through consular processing (Form DS-260) at a U.S. consulate. You do not receive U.S. work authorization from the pending case while abroad.
• Do I have to stay with my employer after the EB-3 green card is approved?
  No statute sets a fixed period. But the petition rests on a permanent job offer that both sides intended in good faith, and USCIS may question that intent if the worker leaves immediately after approval. Discuss timing with counsel before changing jobs soon after approval.
• How much does the whole EB-3 process cost in government fees?
  As of September 28, 2026, the employer pays $715 for the I-140 plus a $600, $300, or $0 Asylum Program Fee, and optionally $29652,805 for premium processing. Each Adjustment of Status applicant pays $1,440 for the I-485 (or $950 for a child under 14 filing with a parent), plus $260 for an EAD and $630 for Advance Parole if requested. Consular applicants pay a $345 immigrant visa application processing fee and a $235 USCIS Immigrant Fee. Medical exams, evaluations, translations, ads, and attorney fees are separate.