EB-3 green card
A green card through your job, without an advanced degree
EB-3 lets a US employer sponsor you for a permanent job. It covers skilled workers, people with a bachelor’s degree, and other workers. In most cases your employer must first complete a labor certification (PERM).
Last checked September 2026 · Sources
- Who files
- Your US employer
- Job offer
- Permanent, full-time
- Labor certification
- Usually required (PERM)
- Legal fee from
- $7,995
Quick answer
What are the EB-3 requirements?
A US employer must offer you a permanent, full-time job and, in most cases, first complete a PERM labor certification showing that no able, willing, qualified and available US worker can fill it. You must meet the job’s requirements: skilled worker jobs need at least 2 years of training or experience, and professional jobs need a bachelor’s degree.
- You cannot file EB-3 for yourself.
- Each Department of Labor step can take months.
- Form I-140: $715 by mail or $665 online, plus the Asylum Program Fee.
What you get
A green card for the job you already do well
You do not need a master’s degree or famous awards for EB-3. You need a US employer that offers you a permanent, full-time job, and you need to meet the job’s requirements.
Once you have your green card, you can live and work in the US for the long term. Your spouse and unmarried children under 21 can usually come with you.
EB-3 has its own yearly limit and per-country limits. Depending on your country of birth, you may wait for a visa number after your petition is approved.
Three groups
Which EB-3 group fits you
The job’s real requirements decide your group. If the job is driving a commercial vehicle, it must now include an English language requirement. You show you meet it with a passing English test result or a signed statement from your employer.
Skilled workers
The job needs at least 2 years of training or experience, and it is not temporary or seasonal. Related study after high school can count as training.
Professionals
You hold a US bachelor’s degree or a foreign degree that is equal to it. A bachelor’s must be the normal entry requirement for the job. Work experience cannot replace the degree.
Other workers
The job needs less than 2 years of training or experience, and it is not temporary or seasonal. By law, no more than 10,000 visas a year go to this group, so its wait can differ from the other two.
Requirements
What must be true for every EB-3 case
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A permanent, full-time job offer
A US employer offers you the job and files the paperwork. You cannot file EB-3 for yourself.
-
A labor certification, in most cases
Your employer must show the Department of Labor that no able, willing, qualified and available US worker can fill the job, and that it will pay at least the prevailing wage.
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You meet the job’s requirements
Letters from past employers or trainers must describe your training or experience. Professionals also show their degree.
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The employer can pay
The employer shows it can pay the offered wage from your priority date until you get your green card, usually with tax returns, annual reports or audited financial statements.
Some jobs on the Department of Labor’s Schedule A, such as professional nurses and physical therapists, skip the job-market test. Your employer still gets a prevailing wage from the Department of Labor and posts a notice of the job. It then files the labor certification form with the I-140 at USCIS. Your place in line is the date USCIS accepts the I-140.
How it works
The steps, in order
Each Department of Labor step can take months. The Department posts its current processing times.
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Prevailing wage request
Your employer asks the Department of Labor to set the minimum wage for the job and location.
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Recruitment
Mostly 30 to 180 days before filingAt a minimum, your employer places a 30-day job order with the state workforce agency and runs newspaper ads on two different Sundays. For professional jobs, it adds three more recruitment steps. It also posts a notice at the worksite for 10 business days in a row and in its in-house media.
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File the PERM application
Your employer files Form ETA-9089 online through the Department of Labor’s FLAG system. This date becomes your priority date.
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File Form I-140
After PERM approval, your employer must file the I-140 with USCIS within 180 days, or the labor certification expires. Premium processing is available.
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Wait for your priority date
Depends on your countryWhen your date is current in the Visa Bulletin, you can take the last step. For some countries this is soon. For others it can take years.
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Apply for the green card
If you are in the US, you file Form I-485 to adjust status. If you are abroad, you go through a US consulate. If you are a citizen of a country under a current US travel proclamation, an immigrant visa may not be issued abroad right now. Your attorney checks this before you choose this route.
What it costs
Government fees and our legal fee
Government fees go to USCIS. The legal fee goes to the partner law firm.
| Item | Cost | Paid to |
|---|---|---|
| PERM recruitment (ads, job order) | Varies, paid by the employer | Ad outlets |
| Form I-140 filing fee | $715 by mail, $665 online | USCIS |
| Asylum Program Fee | $600 for most employers, $300 for employers with 25 or fewer full-time employees, $0 for nonprofits | USCIS |
| Premium processing for the I-140 (optional) | $2,965 | USCIS |
| Form I-485, each person 14 or older | $1,440 by mail | USCIS |
| Form I-485, child under 14 filing with a parent | $950 by mail | USCIS |
| USCIS Immigrant Fee, if you get your green card abroad | $235 per person | USCIS |
| Legal fee, EB-3 | From $7,995 (tiers: $7,995, $9,975) | Partner law firm (PERM part paid by your employer) |
Government fees are from the USCIS fee schedule (Form G-1055, edition 09/09/26), as of September 2026. Fees change, so they are checked again before filing. Consular cases also pay State Department fees. Under Department of Labor rules, your employer must pay the costs of the PERM step, including its own lawyer’s fees, and cannot pass them to you. When the partner firm represents your employer, the PERM part of the legal fee is paid by your employer. You may pay for your own lawyer if that lawyer does not also represent your employer.
How long it takes
Three waits, and only one can be sped up
The Department of Labor steps come first. Times for the prevailing wage and PERM decisions vary, and an audit adds more time. USCIS premium processing does not apply to these steps.
For the I-140, premium processing is available. With it, USCIS must act within 15 business days, or refund the premium fee. That means a decision, a Request for Evidence, or a notice of intent to deny. Without it, times vary. You can check current USCIS processing times.
Then comes the wait for a visa number. EB-3 has a yearly limit, and other workers have a smaller one. Also, people born in any one country can get only about 7 percent of all family and work green cards each year. Our Visa Bulletin guide shows how to read it.
How we help
Attorney-led, with two lawyers on every petition
EB-3 cases are handled by attorneys at our independent partner firm. Frank, our extraordinary ability partner, does not cover EB-3.
The right group from the start
A senior attorney checks whether the job fits skilled worker, professional or EB-2, and writes a legal strategy memo.
A second attorney reviews it
Before filing, a second attorney reads the petition with fresh eyes.
RFE responses included
If USCIS sends a Request for Evidence or a notice of intent to deny on a case they filed, the response is part of the fee.
One flat fee, known up front
No hourly billing. You get unlimited contact with your case team and a portal to track the case.
FAQ
Common worries
Sometimes. If the job truly requires an advanced degree, EB-2 may fit. The better choice depends on the job’s real requirements and your country’s line in the Visa Bulletin. Your attorney compares both.
Yes, it can. Letters from past employers must give their name, address and title, and describe your experience. Your attorney helps you get letters that meet this rule.
Once your I-140 is approved, you usually keep its priority date for a later EB-1, EB-2 or EB-3 petition, even with a new employer. You can lose the date if USCIS revokes the approval for fraud, material error or a few other reasons.
Professional nurses and physical therapists are Schedule A jobs, so the job-market test is skipped. Your employer still gets a prevailing wage and posts a notice of the job. Nurses must also have a CGFNS certificate, a full state nursing license, or a passing NCLEX-RN result. Physical therapists need a letter from the state licensing office saying they may take the state exam. Your employer then files the I-140 with USCIS.
No one can promise approval. Some cases get refund-backed terms, but only if the reviewing attorney approves after assessing the case. They cannot be requested or bought.
Sources · checked September 2026
- USCIS: Employment-Based Immigration, Third Preference EB-3 (updated 08/20/2026)
- 8 CFR 204.5 (d), (e), (g)(2), (l) (eCFR)
- 8 U.S.C. 1153(b)(3), EB-3 allocation and 10,000 other-worker limit (Cornell LII)
- 8 U.S.C. 1152(a)(2), per-country limit (Cornell LII)
- DOL: Permanent Labor Certification (PERM)
- 20 CFR 656.17, Basic labor certification process (eCFR)
- 20 CFR 656.10, notice and attestations (eCFR)
- 20 CFR 656.12, Improper commerce and payment (eCFR)
- 20 CFR 656.30, validity and priority date (eCFR)
- 20 CFR 656.5, Schedule A (eCFR)
- DOL FLAG: PERM and prevailing wage processing times
- USCIS Fee Schedule, Form G-1055 (edition 09/09/26)
- USCIS: Guidance on Paying Fees for Form I-140 (Asylum Program Fee)
- USCIS: How Do I Request Premium Processing?
- USCIS: Visa Availability and Priority Dates
- USCIS Case Processing Times
- 20 CFR 656.15, Schedule A applications (eCFR)
- White House fact sheet: Proclamation 10998, further restricting entry of foreign nationals (December 2025)
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
