OVERVIEW
A permanent resident category
for workers with U.S. job offers.
EB-3 is a permanent resident category for workers with job offers from U.S. employers. It requires both a full-time, permanent job offer and an approved PERM labor certification from the Department of Labor before USCIS will approve the petition.
The Grady Firm, based in Rancho Santa Margarita, California, represents U.S. employers nationwide sponsoring skilled workers, professionals, and other essential workers for EB-3 green cards.
WHO QUALIFIES
The three EB-3 categories.
01
Skilled Workers
Positions requiring at least 2 years of job experience or training, not of a temporary or seasonal nature.
02
Professionals
Positions requiring a U.S. bachelor's degree or foreign equivalent. The applicant must hold that degree.
03
Other Workers
Positions requiring less than 2 years of training or experience. Caregiving, agricultural labor, and truck driving amid industry-wide shortages fall here.
Eligibility requirements.
ELIGIBILITY
A full-time, permanent job offer and labor certification (PERM).
DIFFICULTY RATING
9/10
Why it's difficult to win without counsel.
Involves a three-step process across multiple government agencies (DOL and USCIS). Errors in the “Labor Certification” (PERM) or failing to perfectly match the applicant's experience to the specific job description lead to immediate denials.
FAMILY ELIGIBILITY
Your family may follow.
WHEN TO APPLY
After PERM is certified.
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.
Any time of the year. After the employer's labor certification is approved by the Dept. of Labor. The petition cannot be filed until PERM is certified, so the labor certification sets the sequence for everything that follows.
WHO PAYS THE FILING FEES
Petitioner/Employer
QUESTIONS WORTH ASKING
Frequently asked questions.
01
What's the difference between EB-3 skilled worker, professional, and other worker categories?
The difference is the requirement of the job. Skilled worker positions require at least 2 years of training or experience. Professional positions require a U.S. bachelor's degree or foreign equivalent. Other worker positions require less than 2 years of training or experience.
02
Does my job qualify as “skilled” or “unskilled”?
The classification follows the minimum training or experience the position requires, not the applicant's background. A position requiring at least 2 years is skilled; one requiring less is in the other worker category. We review the job description to confirm which applies.
03
What is PERM labor certification and how long does it take?
PERM is the Department of Labor's labor certification, which the employer must obtain before filing the I-140 petition with USCIS. Timing varies; contact us for current estimates.
04
Can truck drivers qualify for EB-3?
Truck driving is among the roles that fall under the other workers category, given industry-wide labor shortages. The employer must offer a full-time, permanent position and obtain PERM certification.
05
Is there a quota or wait time for EB-3?
EB-3 visas are subject to annual limits, and wait times depend on the applicant's country of origin and category. Other workers can face longer waits. Contact us for guidance based on your situation.
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