Helping employers and workers in Albany and the Capital District of New York navigate the EB-3 employment-based green card process for skilled workers, professionals, and other workers — from PERM labor certification through I-140 petition filing, priority date management, and adjustment of status. We build well-documented cases designed for approval.
The EB-3 (Employment-Based Third Preference) green card is one of the most widely used pathways to lawful permanent residence for foreign nationals sponsored by U.S. employers. At Mandi Law Group in Albany, our immigration attorneys represent employers and workers throughout the Capital District and greater New York in all aspects of the EB-3 green card process — from initial case assessment and PERM labor certification through I-140 petition filing, priority date management, and the final step of adjustment of status or consular processing.
The EB-3 category encompasses three distinct subcategories, each designed for different qualification levels. Skilled Workers are those filling positions that require at least two years of training or work experience. Professionals are those filling positions that require a U.S. bachelor's degree or its foreign equivalent as a minimum entry requirement. Other Workers (sometimes referred to as unskilled workers or EW) fill positions that require less than two years of training or experience. Unlike the EB-1 and EB-2 categories, the EB-3 does not require an advanced degree, extraordinary ability, or a national interest waiver — making it accessible to a broader range of workers and employers.
Virtually all EB-3 petitions require the employer to first obtain an approved PERM labor certification from the U.S. Department of Labor. The PERM process requires the employer to conduct a good-faith recruitment effort to test the U.S. labor market and demonstrate that no qualified, willing, and available U.S. workers can fill the position. The employer must pay the higher of the actual wage or the prevailing wage for the occupation in the area of employment. Once PERM is approved, the employer files Form I-140 with USCIS, establishing the beneficiary's priority date — the place in line for an available immigrant visa number.
Our attorneys handle every aspect of EB-3 representation — assessing the appropriate subcategory, managing the PERM labor certification from prevailing wage determination through recruitment and filing, preparing comprehensive I-140 petitions, advising on priority date management and EB-3 to EB-2 upgrade strategies, and guiding clients through adjustment of status or consular processing. We represent employers ranging from small businesses and restaurants to healthcare organizations, manufacturers, and technology companies throughout the Albany and Capital District region.
EB-3 priority date backlogs can extend for years, particularly for nationals of India and China. An EB-3 to EB-2 upgrade may significantly reduce your wait time by allowing you to retain your original priority date while moving to a category with shorter backlogs. Contact our office to discuss whether an upgrade strategy is right for your case.
(518) 698-0347Our EB-3 green card practice covers every stage of the process — from PERM labor certification through I-140 filing, priority date management, and adjustment of status. Each case is handled with meticulous attention to detail and strategic planning.
The EB-3 green card process begins with the PERM labor certification, which requires the employer to demonstrate through a rigorous recruitment process that there are no qualified, willing, and available U.S. workers for the position being offered to the foreign national. The employer must conduct a series of mandatory recruitment steps — including job orders with the State Workforce Agency, advertisements in newspapers of general circulation, and additional recruitment steps for professional positions — and document the results. Our attorneys guide employers through every stage of the PERM process, from obtaining the prevailing wage determination from the Department of Labor to drafting compliant job descriptions, managing the recruitment period, preparing the audit file, and filing the ETA Form 9089. We ensure that each PERM application is thoroughly documented and positioned for approval.
After the PERM labor certification is approved, the employer files Form I-140, Immigrant Petition for Alien Workers, with USCIS on behalf of the foreign national beneficiary. The I-140 petition must demonstrate that the employer has the financial ability to pay the offered wage, that the beneficiary meets the education and experience requirements for the position, and that the position and offered wage are consistent with the terms of the approved PERM labor certification. Our attorneys prepare comprehensive I-140 petitions with detailed supporting documentation, including evidence of the employer's financial capacity, the beneficiary's qualifying credentials, and any necessary credential evaluations for foreign degrees. We also advise on premium processing options and develop strategies for responding to any Requests for Evidence issued by USCIS.
EB-3 visa availability is governed by per-country limits and priority dates published monthly in the Department of State Visa Bulletin. For nationals of certain countries — particularly India and China — EB-3 wait times can extend for years or even decades. Our attorneys help clients navigate priority date management strategies, including monitoring the Visa Bulletin for movement, advising on the differences between the Final Action Date and the Dates for Filing chart, and evaluating whether an EB-3 to EB-2 upgrade (also known as interfiling or porting) may significantly reduce wait times. An EB-3 to EB-2 upgrade involves filing a new PERM and I-140 in the EB-2 category while retaining the original EB-3 priority date, potentially advancing the beneficiary's place in line by years.
When the beneficiary's priority date becomes current — meaning a visa number is available based on the Visa Bulletin — the final step is obtaining permanent residence. Beneficiaries who are already in the United States in a valid immigration status may file Form I-485 to adjust status to lawful permanent resident. Beneficiaries who are abroad will complete immigrant visa processing at a U.S. consulate or embassy. Our attorneys manage the entire final stage of the EB-3 process, including preparing and filing Form I-485 applications with all required supporting documentation, coordinating medical examinations, preparing employment authorization and advance parole applications for I-485 pending applicants, and guiding clients through consular processing interviews. We also advise on maintaining valid nonimmigrant status during the often lengthy EB-3 waiting period.
Understanding the EB-3 process helps employers and workers plan effectively and avoid costly missteps. Here is what to expect at each stage of your case.
We begin with a comprehensive evaluation of the position, the beneficiary's qualifications, and the appropriate EB-3 subcategory — Skilled Worker, Professional, or Other Worker. We analyze whether the beneficiary's education and experience align with the job requirements, determine the correct prevailing wage level, and advise on the overall timeline and strategy, including whether an EB-2 filing may be more advantageous based on the beneficiary's qualifications and country of chargeability.
Our attorneys manage the entire PERM labor certification process, beginning with obtaining a prevailing wage determination from the Department of Labor. We draft compliant job descriptions, conduct all required recruitment steps, document the recruitment results, and prepare and file the ETA Form 9089. We maintain a thorough audit file throughout the process to ensure the employer is fully prepared in the event of a Department of Labor audit.
Upon PERM approval, we prepare and file the I-140 immigrant petition with comprehensive supporting documentation demonstrating the employer's financial ability to pay the offered wage and the beneficiary's qualifying credentials. We advise on premium processing to obtain a faster decision and prepare thorough responses to any Requests for Evidence. The I-140 approval date establishes or confirms the beneficiary's priority date.
When the beneficiary's priority date becomes current according to the Visa Bulletin, we prepare and file the I-485 adjustment of status application or guide the beneficiary through consular processing abroad. For I-485 applicants, we concurrently file employment authorization and advance parole applications, coordinate the required medical examination, and prepare the beneficiary for the adjustment interview if one is scheduled by USCIS.
Strategic EB-3 Green Card Representation
Dedicated advocacy for employers and workers in the Capital District
The EB-3 process involves employer sponsorship, PERM labor certification, detailed documentation requirements, and potentially lengthy wait times based on country of birth. Understanding these considerations from the outset helps protect your case and your path to permanent residence.
The EB-3 category encompasses three distinct subcategories, each with different qualification requirements. Skilled Workers are positions requiring at least two years of training or work experience that are not temporary or seasonal. Professionals are positions requiring a U.S. bachelor's degree or its foreign equivalent as the minimum entry requirement — unlike EB-2, no advanced degree or exceptional ability is required. Other Workers (also called unskilled workers or EW) are positions requiring less than two years of training or experience. The Other Worker subcategory has a separate, smaller annual visa allocation and typically experiences the longest wait times. Correctly identifying the appropriate subcategory is critical, as it affects the PERM recruitment requirements, the I-140 documentation, and the expected processing timeline.
The PERM labor certification process requires strict compliance with Department of Labor regulations governing the recruitment steps, timing, and documentation. The employer must conduct a test of the U.S. labor market by advertising the position through multiple channels over a specified period and documenting that no qualified, willing, and available U.S. workers applied. Any deviation from the required procedures — incorrect advertisement content, improper timing between recruitment steps, or inadequate documentation of applicant dispositions — can result in a denial or audit. Our attorneys ensure that every aspect of the PERM recruitment process is conducted with meticulous precision, reducing the risk of delays or denials that could set the case back by months or years.
Unlike nonimmigrant visa categories, employment-based green cards are subject to per-country limits that cap the number of visas issued to nationals of any single country at approximately seven percent of the worldwide annual total. For countries with high demand — particularly India and, to a lesser extent, China — this results in significant backlogs and multi-year wait times in the EB-3 category. Nationals of most other countries typically experience shorter waits or current processing. Understanding the Visa Bulletin, monitoring priority date movement, and planning for the waiting period — including maintaining valid nonimmigrant status and exploring EB-3 to EB-2 upgrade options — are essential components of a well-managed EB-3 case.
For beneficiaries facing long EB-3 wait times, an EB-3 to EB-2 upgrade — also known as interfiling or porting — can be a powerful strategy. This involves filing a new PERM labor certification and I-140 petition for a position that qualifies under the EB-2 category (requiring an advanced degree or a bachelor's degree plus five years of progressive experience). If the new EB-2 I-140 is approved, the beneficiary can retain the earlier EB-3 priority date under current USCIS policy, effectively moving to the front of the EB-2 line. However, the upgrade requires a new position that genuinely qualifies for EB-2 classification, a new PERM recruitment process, and careful coordination to avoid disrupting the existing EB-3 case. Our attorneys evaluate each client's situation to determine whether an upgrade is feasible and strategically advantageous.
Answers to some of the most frequently asked questions about EB-3 green cards. Every situation is unique — consult with our attorneys for guidance specific to your case.
The EB-3 green card is an employment-based immigrant visa category for foreign nationals who have been offered a permanent, full-time position by a U.S. employer. The EB-3 category includes three subcategories: Skilled Workers (positions requiring at least two years of training or experience), Professionals (positions requiring a U.S. bachelor's degree or its foreign equivalent), and Other Workers (positions requiring less than two years of training or experience). All EB-3 petitions require employer sponsorship and, with limited exceptions, an approved PERM labor certification demonstrating that no qualified U.S. workers are available for the position.
The primary difference between EB-2 and EB-3 is the qualification level required. EB-2 requires either an advanced degree (master's or higher) or a bachelor's degree with five years of progressive post-baccalaureate experience in the specialty, or exceptional ability in the sciences, arts, or business. EB-3 has lower qualification thresholds — a bachelor's degree alone qualifies under the Professional subcategory, and positions requiring less education can qualify as Skilled Workers or Other Workers. EB-2 generally has shorter wait times than EB-3 due to higher qualification requirements, which is why many EB-3 beneficiaries explore upgrading to EB-2 when possible.
The EB-3 process involves multiple stages, each with its own processing timeline. The PERM labor certification typically takes 8 to 14 months from the prevailing wage determination request through approval, though Department of Labor processing times fluctuate. The I-140 petition takes approximately 6 to 12 months under regular processing or 15 business days under premium processing. After I-140 approval, the beneficiary must wait until their priority date becomes current in the Visa Bulletin before filing for adjustment of status or consular processing. For nationals of most countries, priority dates are current or nearly current, but for India the EB-3 backlog can extend for many years. The total process from start to green card can range from approximately two years to well over a decade depending on the beneficiary's country of birth.
The PERM (Program Electronic Review Management) labor certification is a process through which the U.S. Department of Labor determines that there are no qualified, willing, and available U.S. workers for a position that an employer wants to fill with a foreign national. The employer must conduct a prescribed series of recruitment steps — including job orders, newspaper advertisements, and additional outreach — and document that no qualified U.S. worker applied for or accepted the position. PERM is required for virtually all EB-3 green card petitions because the EB-3 category is premised on employer sponsorship for a specific position. The approved PERM certification is then used as the foundation for the I-140 immigrant petition.
Changing employers during the EB-3 process is possible but requires careful planning. If you change employers before your I-140 is approved, the existing PERM and I-140 petition are typically abandoned, and the new employer must start the process over with a new PERM filing. However, under the American Competitiveness in the Twenty-First Century Act (AC21), if your I-140 has been approved and your I-485 adjustment of status application has been pending for 180 days or more, you may change employers or positions without losing your green card case, provided the new position is in the same or a similar occupational classification. Additionally, even if you change employers and must start a new PERM, an approved I-140 from the prior employer allows you to retain your original priority date for the new petition.
An EB-3 to EB-2 upgrade (also called interfiling or porting) is a strategy used by EB-3 beneficiaries facing long wait times — particularly those from India — to move to the EB-2 category, which often has shorter backlogs. The process involves the employer filing a new PERM labor certification and I-140 petition for a position that qualifies under the EB-2 category (requiring an advanced degree or a bachelor's degree plus five years of progressive experience). If the new EB-2 I-140 is approved, the beneficiary can retain the priority date from their original EB-3 case under current USCIS policy, effectively advancing their place in line. The upgrade requires that the new position genuinely meet EB-2 requirements and that a new PERM recruitment process be completed.
The Department of Labor randomly audits a percentage of PERM applications and may also target applications with specific characteristics for audit. If your PERM is audited, the employer will be required to submit additional documentation supporting the application, including the complete recruitment report, all advertisements and job postings, documentation of each applicant's qualifications and the reasons for their disposition, and other evidence demonstrating compliance with PERM regulations. A well-prepared audit file — which our attorneys maintain from the start of every PERM case — is essential for successfully responding to an audit. Audit responses are typically due within 30 days, and a thorough, well-organized response significantly increases the likelihood of approval.
Yes. The EB-3 beneficiary's spouse and unmarried children under 21 years of age are eligible for derivative status. If the beneficiary files an I-485 adjustment of status application, the spouse and qualifying children can file their own I-485 applications concurrently. If the beneficiary processes through a U.S. consulate abroad, the spouse and children can apply for immigrant visas as derivatives. Derivative family members receive their green cards at the same time as the principal beneficiary. However, it is important to monitor the ages of children carefully, as the Child Status Protection Act (CSPA) provides some protection against aging out but does not cover all situations. Our attorneys advise families on CSPA calculations and strategies to protect children's derivative eligibility.
Our business immigration practice covers the full spectrum of employer-sponsored visa and immigration pathways.
Our attorneys provide comprehensive legal services across multiple practice areas.
Helping families stay together through marriage-based green cards, fiance visas, family reunification petitions, and relative sponsorship applications.
Strategic visa solutions for employers and professionals, including H-1B specialty workers, L-1 transfers, EB-5 investors, and PERM labor certification.
Guiding lawful permanent residents through the naturalization process, from application preparation and test readiness to interview coaching and document review.
Aggressive defense for individuals facing removal proceedings, including asylum claims, cancellation of removal, and appeals before immigration courts.
Compassionate representation for individuals seeking protection from persecution, including asylum applications, refugee processing, and CAT protection claims.
Comprehensive immigration compliance solutions for businesses, including I-9 audits, global mobility programs, and immigration policy development.
Experienced advocacy for individuals seeking waivers of inadmissibility, including I-601 hardship waivers, I-601A provisional waivers, and fraud waivers.
Dedicated legal support for crime victims seeking U-visa immigration relief, including certification assistance, application filing, and family derivative petitions.
Skilled appellate representation before the BIA and federal courts, including motions to reopen, motions to reconsider, and appeals of adverse immigration decisions.
Whether you are an employer seeking to sponsor a skilled worker, professional, or other worker for permanent residence, or a foreign national exploring EB-3 options, our experienced immigration attorneys are here to guide you through every step. Every consultation is confidential and without obligation.