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Eb 3 VisaEdit

EB-3 is a cornerstone of the employment-based paths to lawful permanent residence in the United States. It covers workers who have a bona fide job offer from a U.S. employer and who meet specified education or experience thresholds. The category is divided into three subgroups: skilled workers (who typically have at least two years of training or experience), professionals (who hold a U.S. bachelor’s degree or foreign equivalent), and other workers (in positions that generally require less than two years of training). The program is designed to align immigration with real labor market needs while maintaining protections for American workers through formal, government-backed safeguards. I-140 petitions and the labor process are coordinated with the Department of Labor to ensure that jobs offered to foreign workers do not depress wages or displace qualified domestic workers. The path to permanent residence typically runs through a labor certification process, followed by an immigrant petition and an eventual adjustment of status or consular processing. The flow of visas in this category is subject to annual limits and per-country caps, which can produce backlogs for applicants from certain countries. PERM I-140 I-485 Visa Bulletin Priority date.

Supporters of the EB-3 program emphasize that it fills genuine shortages in the economy—across sectors such as healthcare, information technology, manufacturing, and construction—while preserving wage norms and worker protections. The labor certification (PERM) requirement is central to this approach: it requires employers to document that there is no qualified U.S. worker available at the offered wage and that the recruitment process has been run in good faith. This structure is intended to balance the needs of employers with the interests of domestic workers and taxpayers, leveraging a pathway to legal status for individuals who have demonstrable skills and job commitments in the U.S. regime. For more on the mechanics, see the role of the labor certification and the prevailing wage standards underpinning the process.

Overview

Categories and eligibility

  • Skilled workers: positions requiring at least two years of training or experience, plus a bona fide job offer.
  • Professionals: positions requiring at least a bachelor’s degree or foreign equivalent, plus a bona fide job offer.
  • Other workers: positions involving unskilled or lower-skilled labor that typically require less than two years of training, plus a bona fide job offer.
  • All subgroups require a valid job offer and a labor market test through the PERM process, and beneficiaries must demonstrate the necessary education or experience. The applicant’s case is then sponsored through an immigrant petition (usually an I-140) and, when and where eligible, through adjustment of status (I-485) or consular processing.

Process and safeguards

  • Labor certification (PERM): the employer must verify there are no qualified U.S. workers available at the offered wage and that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. See the PERM process and the concept of the prevailing wage.
  • Immigrant petition: after PERM is approved, the employer files an I-140 petition with the U.S. Citizenship and Immigration Services (USCIS) to classify the worker as a legal permanent resident.
  • Visa availability: EB-3 is subject to annual numerical limits and per-country caps, which are tracked in the Visa Bulletin and governed by the Immigration and Nationality Act.
  • Adjustment or consular processing: once a visa number becomes available, applicants may pursue an adjustment of status in the United States (I-485) or proceed through consular processing if outside the country.

Processing times and backlogs

  • Waiting periods vary by country and by demand within the category. Applicants from high-demand countries, such as india and people's republic of china, can face substantial backlogs in the EB-3 category, leading to multi-year waits before a visa becomes available. The backlog is influenced by the per-country cap and the overall annual limit for the category, as reflected in the monthly updates in the Visa Bulletin.

Comparisons and strategic considerations

  • EB-3 vs EB-2: EB-3 covers skilled workers, professionals, and other workers, while EB-2 is generally limited to those with an advanced degree or exceptional ability. In some cases, EB-2 petitions may pursue a National Interest Waiver (NIW) to bypass the labor certification requirement, but EB-3 remains a major route when a job offer and the appropriate qualifications exist. The choice between categories depends on the applicant’s education, experience, and the employer’s capacity to navigate the PERM process.
  • Relationship to nonimmigrant programs: While EB-3 provides a path to permanent residence, nonimmigrant work visas (such as the H-1B visa) can be used as a bridge for skilled workers while the permanent residence process proceeds. This dynamic is part of a broader immigration framework that seeks to match talent with market needs while maintaining safeguards for domestic labor.

Controversies and debates

  • Labor market impact: Critics argue that bringing in foreign workers through EB-3 can suppress wages or limit opportunities for entry-level or lower-skilled Americans in affected sectors. Proponents counter that well-structured labor market testing and prevailing wage protections reduce these risks and that the program helps address genuine shortages that domestic hiring cannot readily fill.
  • Backlogs and efficiency: The long wait times for applicants from certain countries are often cited as a rationale for reform—some argue for rebalancing quotas, enhancing port-of-entry processing, or expanding merit-based criteria to prioritize shortages in high-demand occupations.
  • Policy reforms: There is ongoing debate about how to align immigration rules with labor market realities. Supporters of reform favor clearer paths to permanent residence for workers who fulfill concrete workforce needs and a more transparent, time-bound process. Critics of reform may push back against shifting away from established safeguards, arguing that they protect both workers and taxpayers.

See also