EB-3 employment immigration in the US
A category of permanent employment immigration for people who have been offered permanent work by a US employer. It brings together skilled workers, degree-qualified professionals and workers without qualifications — each group has its own requirements for experience and education. The employer obtains Department of Labor labour certification: it confirms that there are no suitable American candidates. The petition is filed by the employer, and the right to residence arrives in the order of the priority date queue.
Source: uscis.gov — Employment-Based Immigration: Third Preference EB-3
Who can apply for EB-3
EB-3 has three subcategories with different requirements for education and experience, but in every case you need a sponsoring employer in the USA with a permanent full-time vacancy.
Skilled workers
- The occupation requires a minimum of two years of training or practical experience
- Relevant post-secondary education may count towards part of the experience required
- You need a written offer of permanent full-time work from an employer in the USA
Professionals with higher education
- A bachelor's degree (US or a foreign equivalent) in the specific field of the vacancy
- Work experience cannot substitute for the degree — education is compulsory under the category's rules
- You need a written offer of permanent full-time work from an employer in the USA
Workers without special qualifications
- The work requires less than two years of training or experience
- The annual quota for this subcategory is capped more tightly than for the first two
- You need a written offer of permanent full-time work from an employer in the USA
When the programme will not suit you
There is no employer in the USA willing to set up a permanent full-time post and file the petition
options for self-petitioning without an employer — for example EB-2 with a National Interest Waiver (NIW), or EB-1 for people of extraordinary ability, if there are grounds
The work offered is temporary, seasonal or project-based rather than a permanent full-time post
temporary work visas for seasonal or fixed-term employment
You hold a master's degree or higher in the relevant field and it matters to you to shorten the wait
the EB-2 category for professionals with an advanced degree — its queue is usually shorter
The applicant is from a country with a long EB-3 queue and is not prepared to wait for years
consider EB-1 if the achievements are outstanding, or EB-2 NIW, or arrange temporary work status for the waiting period
What it costs
| Fee for the I-140 petition (paper filing) | 715 USD |
|---|---|
| Fee for the I-140 petition when filed online through a USCIS account | 665 USD |
| Asylum Program Fee at the standard rate | 600 USD |
| Asylum Program Fee at the reduced rate for small employers and the self-employed (no more than 25 staff) | 300 USD |
| Asylum Program Fee for non-profit and government research organisations | 0 USD |
| Premium processing (Form I-907, optional)The guaranteed decision period is 15 business days for the EB-3 categories; the fee is paid as a separate payment from the I-140 fee | +2 965 USD |
| Total government feesThe sum of the mandatory rows in the table. “Premium processing (Form I-907, optional)” adds 2 965 USD; the “Fee for the I-140 petition when filed online through a USCIS account” branch replaces the “Fee for the I-140 petition (paper filing)” line — 1 265 USD; the “Asylum Program Fee at the reduced rate for small employers and the self-employed (no more than 25 staff)” branch replaces the “Asylum Program Fee at the standard rate” line — 1 015 USD; the “Asylum Program Fee for non-profit and government research organisations” branch replaces the “Asylum Program Fee at the standard rate” line — 715 USD. Charges with no official price list are in the list below. | 1,315–4 280 USD |
Paid separately
- Labour certification and recruitment with the Department of Labor (PERM, ETA-9089) — A separate procedure outside the jurisdiction of USCIS, with its own costs for advertising the vacancy and preparing the case
- The I-485 adjustment of status application and the medical examination — Filed separately once the priority date becomes available; each family member has their own fee
- The services of a lawyer or immigration adviser — Not part of the USCIS government fees
Documents to gather
The employer files these documents together with the I-140 petition; for Schedule A occupations the set differs slightly.
- A signed Form I-140 in the current edition
- An approved Department of Labor labour certification on Form ETA-9089 (Final Determination) — or an uncertified ETA-9089 for Schedule A occupations
- Diplomas, certificates and academic transcripts evidencing the worker's education
- Letters from previous employers confirming experience and job duties
- The employer's financial documentation (tax returns, annual reports) evidencing the ability to pay the salary offered
- Form G-28, if a lawyer is representing the case
- For Schedule A (nurses, physical therapists) — a Healthcare Worker Certification from an approved organisation and evidence of a licence in the state of employment
How the process runs
The process runs in several stages — from labour certification through to permanent resident status.
- 1
Department of Labor labour certification, or filing under Schedule A
The employer either obtains an approved labour certification on Form ETA-9089 through the Department of Labor, confirming a shortage of workers in the USA in that occupation, or — for nurses, physical therapists and people of exceptional ability on the Schedule A list — files an uncertified Form ETA-9089 straight away together with the petition, bypassing separate Department of Labor approval.
- 2
The employer files the I-140 petition
The employer files Form I-140 with the immigration service together with the labour certification (or the Schedule A documents), evidence of the worker's qualifications and of the company's financial ability to pay the salary offered. Where the labour certification has been approved, the petition must be filed before it expires.
- 3
Review of and decision on the I-140 petition
USCIS checks the petition and issues a decision, or requests further evidence. The employer may additionally file Form I-907 for premium processing, to receive a decision or a request for evidence within a guaranteed period.
- 4
Waiting for the priority date to become available
On filing, the petition receives a priority date. The applicant tracks the State Department's Visa Bulletin — moving on to the next stage is possible only once the priority date becomes available for their category and country of birth.
- 5
Obtaining permanent residence
Once the priority date is available, the applicant files Form I-485 to adjust status while in the USA, or goes through consular processing abroad. After approval they receive permanent resident status.
Timelines and rights
Validity
EB-3 leads to permanent status with no expiry. The priority date is set not by the petition but by the labour certification.
Work
A permanent resident works without a separate permit. But you must take up exactly the post named in the labour certification and meet its education and experience requirements.
Residence
For citizenship you need 5 years of permanent residence and 30 months of physical presence in the USA.
Who you can bring with you
Once the petition is approved, the spouse and unmarried children under 21 can obtain status alongside the main applicant as derivative family members.
The main applicant's spouse
Unmarried children under 21
How it differs from the routes next to it
The comparison is built from the official terms of the routes themselves — the source links sit on their own pages.
| EB-3 employment immigration | Asylum through USCIS | Asylum through the immigration court | |
|---|---|---|---|
| Visa term | EB-3 leads to permanent status with no expiry | The status is indefinite and is not renewed; the EAD and the travel document are renewed | The status is indefinite, there is no routine renewal |
| Work | A permanent resident works without a separate permit | After the grant — work without restrictions; while the case is pending, an EAD after 180 days | After the grant — work; while the case is pending, an EAD after 180 days |
| Residence | For citizenship you need 5 years of permanent residence and 30 months of physical presence in the USA | No minimum period; physical presence is required, filing within 1 year | Physical presence in the United States is required |
What comes next: permanent residence and citizenship
Route to permanent residence
Yes, a third preference immigrant category
Route to citizenship
After 5 years with a green card you file the N-400. Married to a US citizen — after 3 years and 18 months of physical presence.
Frequently asked questions about EB-3 employment immigration
Can you change employer while the EB-3 process is running?
What is Schedule A, and who does not need labour certification?
Can you work in the USA while the green card application is under review?
How much does it cost to speed up review of the I-140 petition through premium processing?
How much does it cost to file an I-140 petition, and are there any reduced rates?
Other ways to move to US
- Affirmative AsylumAsylum / refugee status
- Defensive AsylumAsylum / refugee status
- Refugee StatusAsylum / refugee status
- Humanitarian ParoleHumanitarian protection
- TPSHumanitarian protection
- U-Visa / T-VisaHumanitarian protection
- VAWAHumanitarian protection
- EB-5 investor visaInvestment permanent residence
- EB-1 extraordinary ability visaTalent permanent residence
- H-1B work visaWork visa
- Family immigration: immediate relatives and the preference categoriesFamily permanent residence
- DV visa lotteryLottery permanent residence
Every route in one list — migration programmes: US.
The terms and the amounts are checked against official sources — the link sits under each section.Last checked on: 7 August 2026.