EB-3 Skilled Workers & Professionals

Professionals: positions requiring a minimum of a bachelor's degree, such as accountants, engineers, and teachers. Skilled Workers: positions requiring at least 2 years of work experience or training, such as chefs, electricians, and technicians. Other Workers: positions requiring less than 2 years of experience, such as cleaners and food processing workers. All three subcategories share the EB-3 priority date queue, but Other Workers has an additional annual cap of 10,000 visa numbers, resulting in the longest wait times.

Yes, and this is a very common strategy. If the position requirements permit, the employer can pursue both EB-2 and EB-3 for the same employee, or file EB-2 first and later downgrade to EB-3. The two categories may share the same PERM (if position requirements differ, separate PERMs are needed), each with independent I-140s and priority dates. Applicants can maintain both EB-2 and EB-3 I-140s and file I-485 under whichever category's priority date becomes current first.

The gap varies by year and country of birth. For mainland China-born applicants, EB-3 is typically 1-3 years slower than EB-2. However, periodic "reversals" occur where EB-3 dates advance beyond EB-2. For example, EB-3 may surge forward in certain periods while EB-2 stagnates. This is why many applicants maintain both EB-2 and EB-3 I-140s to respond flexibly to backlog fluctuations.

"EB-2 Downgrade to EB-3" is a commonly used strategy: if the EB-2 backlog exceeds EB-3, the employer can file a new EB-3 I-140 using the already-certified EB-2 PERM while retaining the original priority date. No new PERM is required. However, the minimum position requirements must align with the EB-3 category (i.e., the position may require only a bachelor's degree rather than a master's). This allows the applicant to wait in both EB-2 and EB-3 queues simultaneously, maximizing flexibility.

The Other Workers subcategory has an annual cap of 10,000 visa numbers and shares the overall EB-3 priority date queue. As a result, Other Workers typically face the longest wait times. It covers positions in food service, cleaning, food processing, and other roles not requiring advanced education or extensive experience. Despite the lowest eligibility threshold, the PERM process and I-140 application requirements are identical to the other EB-3 subcategories.

The fee structure is essentially the same as EB-2. PERM stage: recruitment advertising $3,000-$8,000 (paid by employer) + attorney fees $3,000-$6,000. I-140 stage: $700 + optional Premium Processing $2,805. I-485 stage: $1,225 per person. Total attorney fees typically range from $5,000-$12,000. PERM-related costs must be borne by the employer. For the Other Workers subcategory, the risk of PERM audit may be slightly higher due to the lower position requirements.

Yes. The rules are the same as EB-2. Once the I-140 is approved and remains valid for 180 days without revocation, the priority date is locked in and preserved through a job change. After I-485 has been pending for 180+ days, AC21 permits porting to a "same or similar" position. The new employer typically needs to complete a new PERM but can use the original priority date. Consulting an attorney before changing jobs is essential, particularly if the I-485 has been pending for fewer than 180 days.