EB-3 Green Card 2026: Advice and Application Help From US Lawyers

The EB-3 Green Card is an employment-based route to permanent residence for eligible skilled workers, professionals and Other Workers with a permanent, full-time U.S. job offer and employer sponsorship.

The EB3 visa includes three different subcategories:

• Skilled workers, who have a minimum of 2 years of training or work experience
• Professionals must hold at least a U.S. bachelor’s degree or foreign equivalent, and the offered professional role must require that degree. A licence is needed only where applicable to the occupation
• Other workers, who are performing a job for which qualified workers are not available in the U.S. at the moment of the petition (EW-3 Visa)

For most EB-3 applications, the employer must also complete the required labour certification process. This involves demonstrating that there are not sufficient U.S. workers able, willing, qualified and available for the job and that employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Although the requirements vary by EB-3 category, most applicants need to meet the following conditions:

The employer is generally responsible for obtaining the required labour certification and filing the Form I-140 petition. Applicants must provide evidence that they meet the qualifications for the sponsored job.

EB-3 processing times vary according to PERM, I-140 adjudication and visa availability. As of August 2026, the DOL average for PERM analyst review was 336 calendar days, while Visa Bulletin cut-off dates vary by country and worker category.

Premium processing can expedite eligible Form I-140 adjudication, but it does not accelerate PERM labour certification or make an immigrant visa number available sooner. Check your priority date separately.

The U.S. Department of State publishes EB-3 Final Action Dates and Dates for Filing in its Visa Bulletin. Applicants should check the dates for their EB-3 category and country of chargeability because visa availability determines when an immigrant visa can be issued.

Under the Department of Labor’s PERM labour certification process, the employer must establish that there are insufficient U.S. workers who are able, willing, qualified and available for the job opportunity. The employer must also obtain a prevailing wage determination and complete the applicable recruitment requirements before submitting the PERM application.

Most EB-3 employers must obtain DOL-certified PERM labour certification before filing Form I-140. The certification establishes that no sufficient U.S. workers are available for the position and that hiring the foreign worker will not adversely affect comparable U.S. workers.

For most EB-3 applications requiring PERM, the employer must obtain a certified labour application before filing Form I-140. The Department of Labor must be satisfied that there are not sufficient U.S. workers able, willing, qualified and available for the job in the area of intended employment, and that employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Before filing the PERM application, the employer must obtain a prevailing wage determination from the Department of Labor. The employer must then complete the recruitment and notice requirements that apply to the occupation and submit Form ETA-9089. The required recruitment methods depend on the type of position and applicable DOL rules.

The DOL may also ask to access to a detailed record of the recruitment process that has been conducted to fill the position.

EB-3 principal applicants across all three categories may be joined by an eligible spouse and unmarried children under 21, subject to the applicable immigrant visa requirements.

For skilled workers and professionals, spouses can apply for an E-34 visa. In the same way, eligible unmarried children can apply for an E-35 permit.

If you are on an EW-3 Visa, your spouse may be eligible for an EW-4 visa. Likewise, your children can request an EW-5 visa.

Eligible spouses admitted to the United States as EB-3 derivative immigrants become lawful permanent residents and can work based on their permanent resident status without needing a separate EAD. A spouse applying for adjustment of status in the United States may be eligible to request an EAD while their Form I-485 is pending.

The EB-3 application process involves several stages, starting with a permanent job offer from a U.S. employer willing to sponsor you. The process generally follows these steps:

1. Secure a job offer: Find a qualifying permanent, full-time position with a U.S. employer.
2. Complete PERM certification: Where required, your employer obtains a prevailing wage determination and completes the recruitment process before filing Form ETA-9089.
3. File Form I-140: Your employer submits an immigrant petition to USCIS.
4. Wait for visa availability: Your priority date must become current under the Department of State Visa Bulletin.
5. Complete your Green Card application: Apply through consular processing using Form DS-260 or, if eligible in the U.S., adjustment of status using Form I-485.

The employer handles the sponsorship petition, while you must provide evidence that you meet the job requirements.

To qualify for an EB-3 Green Card, you generally need a permanent, full-time job offer from a U.S. employer willing to sponsor your application. You can look for opportunities through company career websites, reputable recruitment platforms and professional networks.

Before accepting an offer, check that the employer is genuine, the position is permanent and the job requirements match your qualifications or experience. You should also confirm that the employer understands its PERM and sponsorship responsibilities.

Be cautious of anyone promising guaranteed Green Cards or selling job sponsorships. Employers generally cannot charge workers for their PERM recruitment expenses or related legal fees under 20 CFR §656.12.

There is no single fixed cost for an EB-3 Green Card. Expenses depend on the application route, employer sponsorship arrangements and individual circumstances.

Costs may include:

• Employer expenses: PERM recruitment, advertising and related legal fees. These are generally the employer’s responsibility.
• USCIS fees: Including the applicable Form I-140 or Form I-485 filing fees.
• Immigrant visa fees: Consular processing charges where applicable.
• Additional expenses: Medical examinations, vaccinations, document translations and travel.
• Optional premium processing: An additional fee may be available to expedite eligible Form I-140 adjudication.

Check the latest USCIS filing fees and Department of State visa fees before applying.

Navigating EB-3 requirements, employer sponsorship and immigration paperwork can be complicated. A mistake or missing document may delay your application or create problems with your eligibility.

IAS immigration lawyers can advise on your EB-3 options, assess whether your qualifications meet the relevant category requirements and explain the application process. Depending on the service agreed, we can also assist with reviewing supporting documents and preparing the relevant immigration forms.

Get advice before proceeding with your EB-3 application. Contact IAS to discuss your circumstances and understand the legal support available to help you pursue a U.S. Green Card.