Tag: green card

  • The EB-3 Visa: The Green Card Route for Skilled, Unskilled and Professional Workers

    Most American green card routes ask for something exceptional. An extraordinary record, a national-interest argument, eight hundred thousand dollars, a family relationship.

    EB-3 asks for none of that. It asks for an employer willing to sponsor you, a job that a US worker could not be found for, and patience. A great deal of patience.

    It is the most widely used employment-based green card route and the least glamorous, and for a large number of people it is the only realistic one.

    Three subcategories under one heading

    EB-3 covers three different kinds of worker, and which one you fall into determines your wait.

    Professionals. Positions requiring at least a US bachelor’s degree or its foreign equivalent, where you hold that degree.

    Skilled workers. Positions requiring at least two years of training or experience, where you have it.

    Other workers, sometimes called unskilled. Positions requiring less than two years of training or experience.

    The requirement attaches to the job, not to you. A person with a master’s degree filling a role that requires two years of experience is a skilled worker for these purposes, not a professional.

    The separate cap that changes everything

    Here is the single most important fact about the third category.

    Other Workers has its own sub-cap of roughly 10,000 visas a year worldwide, carved out of the wider EB-3 allocation. Professionals and skilled workers share the much larger remainder.

    That is why the unskilled route is dramatically more backlogged than the other two despite sitting under the same heading. Ten thousand places a year, globally, across every country and every industry.

    Anyone considering the Other Workers route should understand that number before committing years to it.

    Where the queues currently stand

    Employment-based green cards are allocated with per-country limits, which means your country of birth matters enormously.

    As of early 2026, the Rest of World EB-3 priority date had advanced to 1 June 2023. For applicants born outside the heavily oversubscribed countries, that is a wait measured in a small number of years.

    India sits around November 2013, a backlog beyond twelve years and lengthening. For new Indian applicants the theoretical wait under current allocation runs to decades.

    These dates move every month, sometimes forward and sometimes backward. Check the current Visa Bulletin rather than any article, including this one.

    PERM is the real obstacle

    Every EB-3 case requires labour certification through the PERM process, and this is where most of the time and nearly all of the employer’s effort goes.

    Your employer must obtain a prevailing wage determination, then conduct a defined recruitment campaign advertising the role to US workers, then demonstrate to the Department of Labor that no able, willing and qualified US worker was available.

    The recruitment is real. Your employer must genuinely consider applicants, and if a qualified US worker applies, the process stops.

    Processing is slow. PERM analyst review alone averaged around sixteen and a half months as of March 2026, before the petition and green card stages that follow.

    The priority date and why it matters

    When the Department of Labor accepts your PERM application, that date becomes your priority date. It is your place in the queue.

    Everything afterwards is waiting for that date to become current for your category and country of birth.

    The priority date is portable in defined circumstances. If you change employers and a new petition is filed, you may be able to retain the earlier date, which preserves years of waiting. This is technical and worth legal advice, but it is a genuine protection for people whose lives change mid-process.

    The three stages, end to end

    PERM labour certification, filed by the employer with the Department of Labor.

    Form I-140 immigrant petition, filed by the employer with USCIS once PERM is approved. Premium processing is available at this stage.

    Adjustment of status or consular processing, once your priority date is current. If you are in the US in valid status you may adjust; otherwise you process at a consulate abroad.

    Across all three, a straightforward case from a non-backlogged country commonly runs several years. From a backlogged country it can run considerably longer than a career.

    Finding an employer who will do this

    The honest difficulty is that PERM costs the employer money and months, and the employee can leave afterwards.

    Employers who sponsor EB-3 routinely tend to be larger organisations with established immigration counsel, sectors with genuine chronic shortages such as healthcare and food processing, and employers who already have workers in the US on temporary status they want to retain.

    The most common real-world path is not being recruited from abroad into an EB-3. It is being in the US already on H-1B, L-1, O-1 or a student route, proving yourself, and having your employer begin the green card process for someone they already employ.

    That sequence matters. For most people, the temporary visa comes first and EB-3 follows.

    The Other Workers reality

    Adverts promising unskilled US jobs with green card sponsorship circulate constantly, particularly for hospitality, food processing, cleaning and care roles.

    Some of these arrangements are genuine. The employer really does file PERM, really does sponsor, and workers really do get green cards, years later.

    Many are not. The pattern to watch for is any request for payment. The employer bears the costs of PERM recruitment and the labour certification process, and requiring the worker to pay those costs is not permitted.

    Given ten thousand visas a year worldwide and a multi-year queue, be deeply sceptical of anyone promising a fast unskilled green card.

    Mistakes that waste years

    1. Ignoring which subcategory the job falls into. Other Workers has its own small cap and a far longer queue.
    2. Reading a Visa Bulletin from last year. Dates move monthly in both directions.
    3. Paying an employer or agent for PERM costs, which the employer must bear.
    4. Changing jobs without advice and losing a priority date that could have been retained.
    5. Waiting for EB-3 as a first step rather than getting into the US on a temporary route and starting from there.

    Questions people actually ask

    Do I need a degree? Not for skilled or other worker categories. The requirement attaches to the job.

    Can I apply without an employer? No. EB-3 requires employer sponsorship and a specific job offer in every case. If you want an employer-free route, look at the EB-2 national interest waiver.

    How long does it take? Several years for most countries. Far longer for heavily backlogged countries of birth.

    Can I work while waiting? Only if you hold a separate valid status. EB-3 does not itself grant work authorisation until late in the process.

    Can I change employers? Yes, with care. Priority date retention and portability rules are technical and need advice.

    Is the unskilled route realistic? It exists and it works, slowly, within a cap of about ten thousand a year worldwide.

    Where to start

    Check the current Visa Bulletin for your country of birth and the subcategory that matches the job. That tells you whether you are looking at a few years or a few decades.

    Then focus on getting into the United States on a temporary work route first. For most people, that is what makes EB-3 reachable at all.

    What it costs, and who pays what

    The division of cost is not a matter of negotiation on this route, and knowing it protects you.

    The employer must bear the costs of the PERM process. That includes the recruitment advertising, the attorney fees associated with labour certification, and the filing itself. Requiring the worker to pay or reimburse those costs is not permitted, and an employer proposing it is either badly advised or exploiting you.

    Beyond PERM, the picture is more flexible. Employers commonly pay the I-140 petition fee and often the attorney fees for it. The final stage, adjustment of status or consular processing, is more frequently split, and in many cases the worker pays their own and their family’s filing fees, medical examinations and document costs.

    Ask for the division in writing before you begin. A multi-year process is a poor place to discover an assumption was never shared, and a reputable employer will have a standard answer because they have done this before.

    Related reading

    Information only, not legal advice. Priority dates change monthly and PERM rules are technical. Consult a licensed US immigration attorney and check the current Visa Bulletin before making plans.