Employer-sponsored permanent residence for skilled workers, bachelor's degree professionals and other workers, filed through PERM labor certification.
The three EB-3 subcategories
EB-3 is divided into skilled workers, professionals and other workers, each with distinct requirements tied to the position's minimum training and experience needs rather than the employee's actual level of education if it exceeds what the job requires.
- Skilled workers: positions requiring at least two years of training or experience that is not of a temporary or seasonal nature.
- Professionals: positions requiring at least a U.S. bachelor's degree or foreign equivalent as a normal requirement for entry into the occupation, where the sponsored individual holds that degree.
- Other workers: positions requiring less than two years of training or experience, commonly used for lesser-skilled and unskilled occupations that are nonetheless permanent and not seasonal.
EB-3 compared with EB-2
A bachelor's degree professional whose position does not require an advanced degree or five years of progressive experience beyond the bachelor's typically fits EB-3 professional rather than EB-2. Where a position and candidate genuinely qualify for either category, employers sometimes file concurrently or choose the category expected to move faster based on current visa bulletin dates for the applicable country of chargeability.
The choice of category should be based on the actual job requirements documented in PERM, not solely on visa bulletin movement, since misclassifying the position can create adjudication risk at the immigrant petition stage.
PERM labor certification for EB-3
Like standard EB-2, EB-3 requires PERM labor certification testing the U.S. labor market before the employer files the immigrant petition. Job requirements, prevailing wage and recruitment obligations follow the same Department of Labor process, tailored to the specific EB-3 subcategory and position.
Visa bulletin and backlog considerations
EB-3 demand and backlog vary considerably by subcategory and country of chargeability. The other workers subcategory in particular has historically experienced longer waits than skilled workers and professionals for the same country, since it draws from a shared but unevenly allocated pool of numbers within the EB-3 preference.
Employers and employees should review the current visa bulletin for both the EB-3 skilled workers and professionals category and the EB-3 other workers category, since the applicable dates can differ meaningfully even within the same overall preference category.
Practical process from PERM to green card
The sequence generally follows prevailing wage determination, recruitment, PERM filing and certification, immigrant petition filing, and then adjustment of status or consular processing once a visa number becomes available under the applicable category and chargeability. Coordinating each stage with the sponsoring employer's staffing and business needs helps avoid gaps in work authorization for employees maintaining other nonimmigrant status during the process.
Answers
Frequently asked questions
- What is the difference between skilled workers, professionals and other workers under EB-3?
- Skilled workers require at least two years of training or experience, professionals require a U.S. bachelor's degree or foreign equivalent as the normal entry requirement, and other workers cover positions requiring less than two years of training, typically lesser-skilled roles.
- Can a bachelor's degree holder use either EB-2 or EB-3?
- It depends on whether the position itself requires an advanced degree or five years of progressive experience beyond the bachelor's. If it only requires a bachelor's degree, EB-3 professional is generally the applicable category rather than EB-2.
- Does EB-3 require PERM labor certification?
- Yes. EB-3, like standard EB-2, generally requires the employer to complete PERM labor certification, including prevailing wage determination and recruitment, before filing the immigrant petition.
- Why does the other workers subcategory often have a longer wait?
- Other workers draws from a limited allocation within the overall EB-3 preference and has historically experienced longer backlogs than the skilled workers and professionals subcategory for the same country of chargeability.
- Can an employer file both EB-2 and EB-3 for the same employee?
- In some circumstances employers pursue parallel filings where the position and candidate genuinely support either category, but the choice should reflect the actual job requirements rather than visa bulletin timing alone.
Official sources
Consult the official sources above for current rules and procedures.