EB-3 is a U.S. employer-sponsored occupational immigration category that provides green card access for professionals, skilled workers and unskilled workers. Applicants are required to go through the PERM labor certification process and demonstrate that the position is unable to recruit qualified U.S. employees.

[___Content overview]

1. What is EB-3?
2. Core Benefits of EB-3
3. The three main EB-3 categories and requirements
4. Step-by-step details of the application process
5. List of materials required
6. Frequently Asked Questions

I. What is EB-3?

EB-3 belongs to the third preference category for professional immigrants, with an annual quota of about 28.61 TP3T (about 40,000) of the total number of professional immigrants. It is divided into three categories:

• Professionals: Bachelor's degree or higher (or foreign equivalent) required
• Skilled workers: at least 2 years of relevant work experience/training
• Unskilled workers: positions requiring less than 2 years of training (e.g., cleaners, food processing, etc.)

Important rules:

• Applicants from each country may not exceed 7% of the total quota (Indian, Chinese applicants usually face longer waiting periods)
• U.S. employer sponsorship required and position must be permanent

II. Three Major Advantages of EB-3

1. Direct access to green cards

• Simultaneous acquisition of permanent residency for the whole family (spouse and unmarried children under 21 years of age)
• No work restrictions and freedom to change employers

2. Lower application threshold

• Lax educational requirements (only basic skills required for unskilled workers)
• No need to meet the EB-1/EB-2 "outstanding ability" or "advanced standing" criteria.

3. Spouse and children may accompany

• Spouses can apply for a work permit (EAD card)
• U.S. public education for your children

III. EB-3 Application Requirements

1. Employer and job requirements

• Full-time, permanent job offers from U.S. employers
• Employers are required to demonstrate an inability to recruit qualified U.S. employees through PERM labor certification

2. Qualification requirements for applicants

①Professionals

Academic Requirements: Bachelor's degree or higher from a U.S. or foreign accredited institution.

*Note:Work experience is not a substitute for educational requirements.

② Skilled Workers (Skilled Workers)

Experience/Training Requirements:At least 2 years of relevant work experience or vocational training (e.g., electrician, chef, etc.); supporting documents (e.g., employer's letter, training certificate, etc.) are required.

③Unskilled Workers (Unskilled Workers)

Position Requirements:Position requires less than 2 years of training or experience (e.g., farm workers, caregivers, janitors, etc.); usually manual labor positions for which there is a labor shortage in the U.S.

④ Common Requirements (all EB-3 applicants):

• Must pass a medical examination and a clean record check.
• Employer sponsorship and completion of the PERM process (proof that no suitable U.S. workers are available) are required.

IV. The EB-3 Application Process

Step 1: PERM Labor Certification

Employers complete the following steps:

1. Apply to the Department of Labor for Prevailing Wage Determination (PWD)
2. Conduct recruitment activities (need to include):

• 30-Day Job Posting at State Workforce Agencies (SWA)
• 2 Sunday newspaper advertisements (or 1 newspaper + specialized journal)
• 3 additional recruitment channels (e.g. job boards, campus recruiting, etc.)

3. Submission of Form ETA-9089 after certifying that no qualified U.S. employees are available for employment

audit risk:: Applications for approximately 20%-30% are subject to random audits resulting in delays of 6-12 months

Step 2: File I-140 Immigrant Petition (takes 6 months)

• Employers File Immigrant Petition for Alien Worker with USCIS
• Employer's financial certificate to be attached (proving ability to pay salary)

Step 3: Waiting list (depending on nationality)

• Mainland China/India applicants: Usually wait several years (check visa bulletin board for details)
• Other countries: usually no waiting period

Step 4: Adjustment of status or consular processing

• Adjustment of Status in the U.S. (I-485): for persons lawfully present in the U.S.
• Overseas Consular Processing (DS-260): Interview required at embassy or consulate

V. List of materials required

Employer documentation:

• Company business license, tax records
• Recruitment records (e.g., job advertisements, candidates' resumes)
• Job offer letter (indicating salary, duties)

Personal Papers:

• Passport, birth certificate
• Academic certificates/proof of work experience (certified translation required for non-English)
• Certificate of no criminal record
• Physical examination report (to be completed by a designated physician)

VI. Frequently asked questions

Q: Which is better, EB-3 or H1-B?

• EB-3 Advantage: Direct Green Card, No Maximum Stay Limitation
• H1-B Advantage: Faster process (but subject to a lottery and a maximum stay of 6 years)

Q: Is it difficult for unskilled workers to apply for EB-3?

• Authenticity of the position is key, with proof of a chronic shortage of labor (e.g., agriculture, food processing industry)
• Scheduling may be longer

Q: Can I change jobs during the application period?

• 180 days after I-140 approval to change employers, but new job needs to be similar to original position