Many employers in the U.S. struggle to fill long-term roles in essential industries such as hospitality, health care, and skilled labor. Temporary visas offer short-term solutions but often lack the permanence businesses need to retain a reliable workforce.
The EB-3 allows eligible foreign workers to apply for permanent residency in the U.S. through employment sponsorship. This green card path serves both skilled and unskilled workers and professionals with degrees, offering a long-term solution to hiring gaps across various sectors.
Our EB-3 green card attorney supports employers and employees through each stage of the process, including PERM labor certifications, USCIS petitions, adjustment of status applications, and consular processing. The Bernard Firm is here to help ensure your filings are accurate, timely, and fully compliant.
Employment-Based Green Card Process Through the EB-3 Category
The EB-3 is a third-preference employment-based green card designed for three categories of workers:
- Skilled workers (those with at least two years of job experience or training)
- Professionals (those holding a U.S. bachelor’s degree or foreign equivalent)
- Unskilled workers (those performing labor requiring less than two years of experience)
Each category has its own eligibility requirements, and a U.S. employer must sponsor each applicant with an offer of full-time permanent employment.
Before a petition can be submitted, the employer must obtain a PERM labor certification from the Department of Labor. This certification verifies that no able, willing, and qualified U.S. workers are available for the role and that employing a foreign worker will not negatively affect the wages and/or working conditions of U.S. workers. The job must also meet prevailing wage standards in the geographic area of employment.
A knowledgeable EB-3 green card lawyer can help employers accurately define job duties, determine the appropriate wage level, and avoid audit triggers during recruitment.
Legal Documentation and Timeline Expectations
The EB-3 process involves multiple stages and agencies. After the PERM labor certification is approved, the employer must file Form I-140 (Immigrant Petition for Alien Worker) with USCIS. If the foreign worker is already in the U.S. on a non-immigrant visa, they may be eligible to adjust their status using Form I-485 once an immigrant visa number becomes available. If they’re abroad, they will apply for a visa through consular processing at a U.S. embassy.
The processing timeline can vary depending on the worker’s country of origin and which subcategory they qualify under. Backlogs are common for certain countries, particularly India, China, Mexico, and the Philippines. Legal guidance helps minimize procedural delays and avoid errors that can stall the case for months or years.
Long-Term Benefits and Considerations for Employers
The EB-3 green card provides long-term stability for employers who face persistent workforce shortages. Once approved, the foreign worker receives lawful permanent resident status, allowing them to live and work in the U.S. without the uncertainty of visa renewals or expiration cycles. Over time, this can significantly reduce turnover, training costs, and operational disruptions.
The program is especially valuable for employers in industries with limited local talent pools—such as elder care, food production, or precision trades—where continuity and training investments are critical. Additionally, the EB-3 green card allows businesses to attract highly motivated individuals who are committed to long-term employment opportunities.
While the process involves regulatory steps and agency oversight, it can lead to a more stable and reliable workforce. With guidance from a skilled EB-3 green card attorney, employers can remain compliant while building a long-term labor strategy that supports their business goals and minimizes future legal exposure.
Frequently Asked Questions
Is an EB-3 a green card?
Yes. The EB-3 is a path to lawful permanent residence. Once approved, the foreign national receives a green card.
Is employer sponsorship required?
Yes. The EB-3 green card category is employer-sponsored. The worker must have a valid job offer from a U.S. business willing to file a petition.
Can family members come with the EB-3 applicant?
Yes. Spouses and unmarried children under 21 can apply for green cards as dependents of the EB-3 beneficiary.
How long does the EB-3 process take?
Timelines vary depending on the applicant’s category, country of birth, and government processing times. Most EB-3 cases for unskilled workers currently take 6 to 7 ½ years from PERM initiation to green card approval. EB-3 cases for skilled workers and professionals can take significantly less time.
Ready to Take the Next Step?
Whether you’re an employer seeking long-term staffing solutions or a worker pursuing permanent residency, The Bernard Firm is here to help. Contact us today to speak with an experienced EB-3 green card attorney. We’re available to answer your questions, evaluate your eligibility, and guide you through each step of the application process with clarity and confidence.