EB-3 Visa Requirements: Who Qualifies for a U.S. Employment-Based Green Card?

Last reviewed: July 24 , 2026
Author: Visa Beyond Editorial Team
Legal reviewer: Head Visa Attorney

The EB-3 visa requirements allow certain professionals, skilled workers and other workers to pursue permanent residence through qualifying U.S. employment. In most cases, the applicant needs a genuine, permanent, full-time job offer from a U.S. employer willing to complete labor certification and file an immigrant petition.

Eligibility is not based only on the applicant’s résumé. The worker’s qualifications, the minimum requirements of the offered position and the sponsoring employer’s ability to complete the process must all align.

Who qualifies for an EB-3 visa?
A foreign worker may qualify if a U.S. employer offers a permanent, full-time position and the worker meets the education, training or experience required for the job. EB-3 covers skilled workers, professionals and other workers, but employer sponsorship, labor certification and visa availability are generally required.

What Is the EB-3 Employment-Based Green Card?

EB-3 means employment-based third preference. It is an immigrant classification that can lead to lawful permanent residence, commonly called a green card.

Calling EB-3 simply a “work visa” can be misleading because it is not a temporary employment category. The purpose is permanent immigration based on a qualifying job offer.

According to USCIS EB-3 guidance, the category includes:

• Skilled workers
• Professionals
• Other workers

Readers who want a broader explanation of the program can review Visa Beyond’s complete EB-3 visa guide.

What Are the Main EB-3 Visa Requirements?

Most applicants must satisfy the following requirements:

1. A qualifying permanent, full-time position in the United States.
2. A sponsoring U.S. employer offering the position.
3. Education, training or experience matching the job’s stated minimum requirements.
4. Permanent labor certification from the Department of Labor in most cases.
5. An employer-filed and approved Form I-140.
6. An available immigrant visa based on the applicant’s priority date and chargeability.
7. Eligibility for consular processing or adjustment of status.
8. Admissibility to the United States.

Meeting these general requirements does not guarantee approval. Each government agency evaluates a different part of the process.

The Three EB-3 Categories Compared

EB-3 category	Worker qualification	Position requirement	Degree required?	Experience or training	Illustrative occupations	Important limitation
Skilled worker	Must satisfy the position’s qualifying training or experience requirements	Job normally requires at least two years of training or experience	Not necessarily	At least two years	Experienced cook, automotive technician or specialized production worker	Having two years of experience does not help if the offered position itself requires less than two years
Professional	Must possess the required U.S. bachelor’s degree or qualifying foreign equivalent	Job normally requires at least a bachelor’s degree	Yes	Experience alone generally cannot replace the qualifying degree	Accountant, engineer or teacher	A bachelor’s degree is insufficient if the offered job does not require one
Other worker	Must be able to perform the offered work and meet its stated requirements	Job requires less than two years of training or experience	No	Less than two years	Food-production worker, housekeeper or entry-level laborer	The job must still be permanent and nonseasonal; visa availability may differ from the main EB-3 category

Occupational examples are illustrative. A job title alone does not determine its EB-3 classification.

EB-3 Skilled Worker Requirements

An EB-3 skilled-worker position must normally require at least two years of training or qualifying work experience. Relevant postsecondary education may sometimes be considered training, depending on the position and evidence.

The employer’s requirements are critical. An applicant with five years of experience does not automatically qualify as a skilled worker if the labor certification describes the job as requiring only six months of experience.

Evidence may include detailed letters from current or former employers showing:

• Employer name and address
• Applicant’s job title
• Dates of employment
• Whether the work was full-time
• Duties performed
• Skills, tools or responsibilities involved

The offered position must be permanent rather than temporary or seasonal. USCIS also requires the beneficiary to satisfy the requirements stated in the labor certification, as explained in its EB-3 Policy Manual chapter.

EB-3 Professional Requirements

The professional classification generally requires a U.S. bachelor’s degree or a qualifying foreign equivalent. The offered position must also normally require at least that degree for entry into the occupation.

A degree by itself is not enough. For example, a person with a bachelor’s degree in business does not automatically qualify as an EB-3 professional for a position that requires no degree.

For this classification, USCIS generally requires the qualifying degree itself. A combination of education and experience cannot automatically replace a U.S. bachelor’s degree or foreign equivalent degree.

Applicants educated outside the United States may need a credential evaluation. The evaluation should address whether the foreign degree is equivalent to the degree specified in the labor certification, but the final determination belongs to USCIS.

EB-3 Other Worker Requirements

The official classification is “other worker.” It covers permanent positions requiring less than two years of training or experience.

The phrase “EB-3 unskilled worker visa” is commonly used online, but “unskilled” can be imprecise. Many jobs in this category require reliability, physical capability, workplace training or occupation-specific abilities even though they do not require two years of prior experience.

The position cannot be temporary or seasonal. The Department of State may also list “Other Workers” separately in its monthly Visa Bulletin, so its cutoff date can differ from the main EB-3 category.

Hypothetical Case Study: Why the Offered Job Determines the Category

Daniel has four years of experience in warehouse operations and has completed several safety-training programs. A U.S. employer offers him a permanent warehouse-associate position, but the labor certification states that the job requires only six months of experience.

Daniel’s four years of experience do not automatically make the case a skilled-worker petition. Because the offered position requires less than two years of experience, it would more likely be evaluated under the other-worker classification.

If the employer instead had a genuine specialized position that normally required two years of relevant experience—and Daniel could document that experience, the skilled-worker classification might be considered.

This hypothetical case does not predict an immigration outcome. It illustrates why EB-3 classification depends on both the applicant and the employer’s actual job requirements.

Does Every EB-3 Applicant Need a Job Offer?

Generally, yes. Most EB-3 applicants need a permanent, full-time job offer from a qualifying U.S. employer.

The employer normally obtains the labor certification and files Form I-140. Unlike certain EB-1 or EB-2 cases, EB-3 does not ordinarily permit the foreign worker to self-petition.

Expressing interest in U.S. employment is not the same as possessing a qualifying job offer. Similarly, seeing a job advertisement does not prove that the employer will sponsor an EB-3 case.

Applicants can review current EB-3 job opportunities, but each opportunity should be independently evaluated for availability, authenticity and sponsorship terms.

What Must the Sponsoring Employer Prove?

The sponsoring employer generally must establish:

• A genuine, permanent job opportunity
• A legitimate business need for the position
• Compliance with prevailing-wage and recruitment requirements
• Completion of the PERM labor-certification process, when required
• Its ability to pay the offered wage
• Its continuing intention to employ the beneficiary
• Consistency between the job described in PERM and the Form I-140 petition

The Department of Labor’s permanent labor-certification guidance explains that filing the labor-certification application is the employer’s responsibility. DOL evaluates whether employing the foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers.

After certification, the employer generally files Form I-140, Immigrant Petition for Alien Workers. USCIS evaluates the classification, the worker’s qualifications and the employer’s ability to pay the offered wage.

A limited exception applies to certain Schedule A occupations. For qualifying Schedule A cases, such as certain professional nurses and physical therapists, the employer submits the labor-certification documentation directly with USCIS instead of completing the standard PERM process through DOL.

What Documents May an EB-3 Applicant Need?

Exact documents depend on the position, applicant, employer and processing route.

Evidence from the worker

Common documents may include:

• Valid passport
• Birth certificate and other civil documents
• Degrees, diplomas and transcripts
• Foreign credential evaluations
• Detailed employment-verification letters
• Professional or technical training certificates
• Résumé and complete employment history
• Required professional licenses
• Prior U.S. immigration records
• Marriage and birth certificates for qualifying family members

Employment letters should contain more than a job title. Dates, duties and the nature of the experience may determine whether the worker satisfies the certified position’s requirements.

Evidence connected to the employer and position

The employer-side record may include:

• Certified permanent labor certification
• Detailed job description and minimum requirements
• Prevailing Wage Determination
• Recruitment records
• Form I-140 and supporting documentation
• Tax returns, annual reports or audited financial statements
• Other evidence of ability to pay
• Records confirming the business and offered position are genuine

Applicants should not assume one standard checklist applies to every case.

How the EB-3 Process Works

A typical EB-3 case proceeds as follows:

1. The employer defines a genuine permanent position.
2. The employer obtains a prevailing-wage determination.
3. Required recruitment and PERM steps are completed.
4. The employer files the labor-certification application.
5. If certified, the employer files Form I-140 with USCIS.
6. The applicant monitors priority-date availability.
7. When eligible, the applicant completes consular processing or adjustment of status.
8. The government conducts medical, security and admissibility reviews.
9. Permanent residence is granted only if all applicable requirements are satisfied.

For applicants abroad, the approved petition generally proceeds through the National Visa Center and a U.S. embassy or consulate. Applicants lawfully present in the United States may be able to file Form I-485 when eligible, but maintaining lawful status and determining adjustment eligibility require case-specific analysis.

How the Priority Date and Visa Bulletin Affect Eligibility

The priority date establishes the applicant’s place in the employment-based immigrant visa queue. In a typical PERM-based case, it is generally the date the Department of Labor accepted the labor-certification application for processing—not the date the green card is approved.

The Department of State publishes a monthly Visa Bulletin with two important charts:

• Dates for Filing: May determine when applicants can submit certain documents or an adjustment application, subject to USCIS instructions.
• Final Action Dates: Determine when an immigrant visa or adjustment application may receive final approval.

Availability varies by preference category and country of chargeability, which is usually based on country of birth rather than citizenship or current residence.

An approved Form I-140 does not mean a visa is immediately available. Cutoff dates may advance, remain unchanged or move backward through retrogression. Future movement cannot be guaranteed.

Can Your Family Apply With You?

Generally, a spouse and unmarried children under 21 may apply as derivative beneficiaries.

Each family member must submit separate documentation, complete a medical examination and satisfy applicable admissibility requirements. Parents, siblings, adult children and other extended relatives do not qualify as EB-3 derivatives.

The Department of State’s employment-based immigrant visa guidance provides additional information about accompanying and following-to-join family members.

After a spouse becomes a lawful permanent resident, the spouse may work in the United States based on permanent-resident status. A spouse with a pending adjustment application may need separate employment authorization before working.

Common Reasons an EB-3 Case May Face Problems

Potential issues include:

• Experience letters that omit duties, dates or other essential details
• A foreign degree that is not equivalent to the specified U.S. degree
• The worker not meeting the PERM requirements by the required date
• Differences between the job requirements in PERM and Form I-140
• Employer financial records that do not establish ability to pay
• Significant changes to the employer, position, wage or work location
• Missing or inconsistent immigration history
• Unauthorized employment or status violations
• Fraudulent job or sponsorship arrangements
• Visa retrogression
• Medical, criminal, fraud or other admissibility concerns

Not every issue causes denial. Its effect depends on the facts, timing, processing route and applicable law.

EB-3 Eligibility Self-Assessment Checklist

Answer yes or no:

• Do you have a genuine offer for permanent, full-time U.S. employment?
• Is a qualifying U.S. employer willing to sponsor the case?
• Do you meet every education, training and experience requirement stated for the position?
• Can you document your qualifications?
• Is the offered position permanent and nonseasonal?
• Can the employer complete the required labor-certification process?
• Is the employer prepared to file Form I-140?
• Are you prepared for a multistage process with changing wait times?
• Have you reviewed your immigration, criminal and travel history?
• Do you understand that petition approval and visa availability are separate?

This checklist provides general educational guidance. It is not a legal determination of eligibility.

Who May Not Qualify for EB-3?

An EB-3 case may not be viable where:

• No genuine sponsoring employer exists.
• There is no qualifying permanent job offer.
• The applicant did not meet the position’s minimum requirements by the required date.
• The position is temporary or seasonal.
• The arrangement was created primarily to obtain an immigration benefit rather than fill a genuine job.
• The employer cannot complete its required sponsorship obligations.
• The applicant cannot satisfy applicable admissibility requirements.
• The applicant believes payment alone can purchase a legitimate job or green card.

A qualified immigration attorney should evaluate possible status violations, inadmissibility issues or prior immigration problems before filings are made.

Questions to Ask Before Accepting an EB-3 Sponsorship Opportunity

Before signing an agreement or paying for services, ask:

• What is the employer’s full legal name and business address?
• Can the employer and position be independently verified?
• What are the job title, duties, location, wage and schedule?
• Is the position permanent and full-time?
• Which EB-3 classification is expected, and why?
• Who will manage PERM, Form I-140 and immigrant visa processing?
• Which attorney represents the employer, applicant or both?
• Which fees will the employer pay?
• What are the written cancellation and refund terms?
• What happens if the job, location or employer changes?
• How frequently will case updates be provided?
• Will every payment be documented with a contract and receipt?

Federal regulations prohibit an employer from seeking payment for activities related to obtaining permanent labor certification, including the employer’s PERM legal fees. Applicants may have other lawful expenses, but fee responsibility should be reviewed carefully. See 20 CFR § 656.12.

Be cautious of anyone selling a labor certification, promising guaranteed approval, requesting undocumented cash payments or refusing to identify the employer. USCIS provides additional guidance on avoiding immigration scams.

How Visa Beyond Helps Prospective EB-3 Applicants

Visa Beyond may help prospective applicants:

• Understand the three general EB-3 classifications
• Organize their education and employment background
• Explore available employment opportunities where applicable
• Identify questions requiring legal review
• Prepare for an initial consultation
• Understand the general stages of employer-sponsored immigration
• Coordinate with appropriately licensed legal professionals where required

An initial assessment can identify whether a person’s background appears compatible with an opportunity. It cannot guarantee that an employer will select the applicant, that DOL will certify the position, that USCIS will approve Form I-140 or that an immigrant visa will be available by a particular date.

Explore Current EB-3 Opportunities

Request an Initial EB-3 Assessment

Frequently Asked Questions About EB-3 Visa Requirements

Can I qualify for EB-3 without a university degree?

Yes. A bachelor’s degree is generally required for the professional classification, but not necessarily for skilled-worker or other-worker cases. You must still meet all requirements of the offered position, and the employer must complete the applicable sponsorship process.

How much work experience is required for EB-3?

Skilled-worker positions generally require at least two years of training or experience. Other-worker positions require less than two years. Professional cases focus on a qualifying bachelor’s degree. The labor certification’s actual requirements determine what the applicant must prove.

Can I apply for an EB-3 visa without an employer?

Generally, no. EB-3 normally requires a permanent job offer and a prospective U.S. employer that obtains labor certification and files Form I-140. EB-3 is not ordinarily a self-petition category.

Is EB-3 a temporary work visa or a green card category?

EB-3 is an employment-based immigrant category associated with permanent residence. It should not be confused with temporary work classifications such as H-1B or H-2B.

Does an EB-3 employer have to complete PERM?

Most EB-3 employers must complete the permanent labor-certification process. Limited exceptions exist, including qualifying Schedule A cases, where labor-certification documentation is submitted directly to USCIS.

Can my spouse work in the United States?

A spouse who receives permanent residence as an EB-3 derivative may work based on lawful permanent-resident status. A spouse with a pending adjustment application may need an approved employment-authorization document before beginning work.

Can my children come with me?

Unmarried children under 21 may generally apply as derivative beneficiaries. Age-out issues can be complex, and the Child Status Protection Act may affect some cases. Each child must complete separate documentation and admissibility review.

Can experience replace a bachelor’s degree under EB-3?

Not generally for the professional classification. USCIS ordinarily requires a U.S. bachelor’s degree or qualifying foreign equivalent degree. Experience may support skilled-worker eligibility but does not automatically replace the required professional degree.

Does an approved Form I-140 guarantee a green card?

No. Approval confirms that USCIS accepted the immigrant petition, but the applicant must still have an available visa number and successfully complete adjustment of status or consular processing, including admissibility, medical and security requirements.

How long does the EB-3 process take?

There is no universal timeline. PERM processing, employer recruitment, USCIS adjudication, country of chargeability, category demand, Visa Bulletin movement and consular or adjustment processing can all affect the total wait.

What happens if my priority date retrogresses?

If the applicable cutoff date moves backward, final approval may be delayed until the priority date becomes current again. Retrogression does not necessarily cancel an approved petition, but its effect depends on the applicant’s stage and circumstances.

Can I change employers during the EB-3 process?

Changing employers can materially affect a case because the petition is based on a specific employer and job. Limited adjustment-of-status portability may be available in certain cases after Form I-485 has remained pending for at least 180 days, but legal review is essential.

Can someone with no formal work experience qualify?

Possibly. An other-worker position may require less than two years of training or experience, including no prior experience in some cases. The applicant must still meet the employer’s stated requirements and satisfy all immigration requirements.

What is the difference between a skilled worker and an other worker?

A skilled-worker position generally requires at least two years of training or experience. An other-worker position requires less than two years. The position’s requirements—not simply the applicant’s experience—control the classification.

Can Visa Beyond guarantee an EB-3 job or approval?

No legitimate company can guarantee employer selection, PERM certification, petition approval, visa availability or permanent residence. Each stage is controlled by the employer and relevant U.S. government agencies.

Find Out Whether You May Meet the EB-3 Requirements

The EB-3 category includes professionals, skilled workers and other workers. However, the worker’s background, the offered position and the sponsoring employer must all satisfy the applicable EB-3 visa requirements.

Your education, work history and prospective U.S. position affect which category may apply. Complete Visa Beyond’s assessment form to receive general guidance about the next appropriate step, without any promise of employment, sponsorship or approval.

Legal-information disclaimer: This article provides general educational information and is not legal advice. Immigration requirements, government procedures and visa availability can change. Eligibility depends on the applicant, sponsoring employer and offered position. Consult a qualified U.S. immigration attorney for advice about your circumstances.