EB-3 green card lawyer in New York. Employment-based third preference green card for skilled workers, professionals, and unskilled workers. PERM and I-140 experts. Call (518) 698-0347.
The EB-3 employment-based third preference category provides a pathway to U.S. permanent residence for three distinct groups of workers. EB-3A covers professionals whose jobs normally require a U.S. bachelor's degree or its foreign equivalent in a directly related field. EB-3B covers skilled workers whose positions require at least two years of job-specific training or experience that unskilled workers cannot readily perform — examples include licensed technicians, mechanics, electricians, and specialized tradespeople. EB-3C covers other workers, sometimes called unskilled workers, whose positions require less than two years of training or experience. Each subcategory has distinct evidentiary requirements and documentation standards that must be carefully addressed throughout the PERM and I-140 process.
PERM labor certification is a mandatory prerequisite for all EB-3 petitions and represents the most compliance-intensive phase of the process. The U.S. employer must conduct a carefully documented recruitment campaign using specific, DOL-prescribed recruitment steps — including postings on the company's website, placement with the State Workforce Agency (SWA), print or online advertisements meeting DOL content requirements, and for professional positions, three additional recruitment steps from an approved list. Every applicant who responds must be considered, and the employer must document in detail why any U.S. worker applicant was not hired. The PERM application (ETA-9089) is then filed electronically with DOL and may be selected for a supervised recruitment audit, which adds significant time and complexity. Our attorneys guide employers through every recruitment step with rigorous documentation practices designed to withstand DOL scrutiny.
After PERM certification, the employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS, establishing the beneficiary's eligibility under the relevant EB-3 subcategory. The I-140 can be filed with regular processing or with premium processing (15 business days) for a fee. Once the I-140 is approved and a visa number is available under the monthly Visa Bulletin, the worker may file Form I-485 (Adjustment of Status) if in the United States, or pursue consular processing abroad. Priority date tracking is essential, as EB-3 backlogs vary significantly by country of birth chargeability. Our attorneys monitor Visa Bulletin movements, advise on filing strategies when dates advance, and manage the entire process from initial employer assessment through the final green card approval.
The EB-3 category is divided into three subcategories with different eligibility criteria. EB-3A (Professionals) requires a U.S. bachelor's degree or its foreign equivalent in a field related to the job offered, and the job must normally require a bachelor's degree. EB-3B (Skilled Workers) covers positions that require at least two years of training, education, or experience that unskilled workers cannot easily perform. EB-3C (Other Workers/Unskilled) covers workers performing unskilled labor requiring less than two years of training or experience. In all cases, an eligible U.S. employer must sponsor the worker, the employer must demonstrate it cannot find a qualified, willing U.S. worker for the position (through PERM labor certification), and the worker must be admissible to the United States.
Yes, PERM labor certification is required for all three EB-3 subcategories (EB-3A, EB-3B, and EB-3C) without exception. PERM, which stands for Program Electronic Review Management, is a Department of Labor (DOL) process that requires the employer to conduct a rigorous recruitment campaign for U.S. workers and demonstrate that no qualified, willing U.S. worker was available for the position at the prevailing wage. The employer files Form ETA-9089 with DOL after completing the required recruitment steps. PERM is notoriously technical — errors in the recruitment process or the application itself can result in audit, denial, or reconsideration. Once PERM is certified, the employer may file the I-140 Immigrant Petition with USCIS.
The EB-3 process involves multiple stages and the total timeline depends heavily on the applicant's country of birth and the current visa bulletin priority dates. The PERM labor certification stage alone can take 6 to 18 months or longer, particularly if DOL selects the case for audit. After PERM certification, the I-140 petition takes approximately 3 to 12 months (or 15 business days with premium processing). The final and often longest wait is for a visa number to become available. EB-3 is typically backlogged for applicants born in India, China, Mexico, and the Philippines — sometimes by decades. For applicants from other countries, EB-3 is generally current or only slightly backlogged, making the overall process faster.
EB-2 (Employment-Based Second Preference) covers professionals with advanced degrees (master's degree or higher, or a bachelor's degree with at least five years of progressive experience) and persons of exceptional ability. EB-2 also includes the EB-2 National Interest Waiver (NIW) option, which allows self-petitioning without an employer sponsor. EB-3A (Professionals) requires only a bachelor's degree and cannot self-petition. Historically, EB-2 has had shorter wait times for most countries, though this fluctuates. Importantly, an applicant who initially files under EB-3 may be able to upgrade to EB-2 if their qualifications later meet the higher standard, potentially retaining their original priority date and advancing more quickly in the visa queue.
In some circumstances, yes. If an EB-3 worker later earns an advanced degree or gains sufficient experience to meet EB-2 requirements, and if the underlying job offer also meets EB-2 standards, the employer can file a new I-140 under the EB-2 category. Under the portability provisions of AC21, the worker may be able to retain the original EB-3 priority date on the new EB-2 petition — a strategy known as 'porting' the priority date. This can dramatically reduce wait times for nationals of backlogged countries where the EB-2 date is significantly earlier than EB-3. Careful eligibility analysis and coordination with the employer are required to execute this strategy correctly.
As of 2026, the EB-3 Visa Bulletin published by the U.S. Department of State shows varying priority dates by country of birth chargeability. For most countries (all countries except India, China, Mexico, and Philippines), EB-3 is either current or close to current, meaning applicants can file their I-485 adjustment of status (or proceed to consular processing) relatively quickly after I-140 approval. For India-born EB-3 workers, priority dates are severely retrogressed and wait times can extend for decades. For China-born workers, significant backlogs also exist. Priority dates change monthly, and applicants should monitor the Visa Bulletin regularly. Our attorneys track priority date movements and advise clients on optimal filing strategies.
Our EB-3 attorneys guide employers and employees through PERM labor certification and employment-based green card applications.