EB3 Green Card Lawyer for Employers and Foreign Workers

EB3 is the third employment based immigrant preference for qualifying skilled workers, professionals, and other workers. Most cases require a US employer, a permanent full time job offer, an approved PERM labor certification, and an I-140 petition before the worker completes permanent residence processing.

The skilled worker category generally requires a permanent position needing at least two years of relevant training or experience. The professional category requires a qualifying bachelor’s degree for a professional occupation. Other workers perform permanent, nonseasonal work requiring less than two years of training or experience.

In standard EB3 cases, yes. A US employer normally offers a permanent full time position and sponsors the worker through PERM and Form I-140. A worker cannot ordinarily self petition for EB3.

Standard EB3 sponsorship requires a genuine permanent full time US job offer. Certain specialized immigrant procedures have different filing rules, but EB3 is not a general self petition option.

PERM is the Department of Labor process in which an employer establishes, under the applicable recruitment and wage rules, that there are not sufficient able, willing, qualified, and available US workers for the offered job and that hiring the foreign worker will not adversely affect comparable US workers.

For a standard PERM case, yes. The employer must conduct the applicable good faith recruitment and consider qualified US applicants. Recruitment steps vary for professional and nonprofessional occupations, and special procedures can apply in certain cases.

Generally yes for standard PERM filings. The employer requests a prevailing wage determination from the Department of Labor for the specific job and work location before filing the labor certification.

Federal PERM regulations generally prohibit an employer from seeking or receiving payment from a foreign worker for activities related to obtaining permanent labor certification, including the employer’s attorney fees for that process. Other immigration filing expenses require separate review.

Yes. A current employee may be sponsored, but the PERM job opportunity and recruitment must satisfy the applicable rules. The employee’s qualifications and any experience with the employer need careful review.

Yes. The worker need not already live or work in the United States to begin standard employer sponsored EB3 processing. After petition approval and visa availability, an eligible worker abroad may pursue consular immigrant visa processing.

Generally no. The EB3 professional classification requires a qualifying US bachelor’s degree or a foreign equivalent degree. Skilled worker classification may be appropriate for some roles depending on the actual minimum job requirements.

Employment verification letters, relevant training records, educational documentation, and other reliable evidence can establish the required qualifications. The applicant must meet the actual requirements stated in the labor certification by the applicable date.

Potentially. A permanent, nonseasonal position requiring less than two years of training or experience may fit the EB3 other worker subcategory, provided the employer and employee meet all applicable requirements.

Certain registered nurse and physical therapist positions may qualify under Schedule A Group I procedures rather than the ordinary PERM recruitment process. Eligibility and documentation must be confirmed for the particular position; not every healthcare role qualifies.

The sponsoring employer generally files Form I-140 with USCIS while the certified PERM remains valid. For a typical approved PERM, the I-140 must be submitted within 180 days of labor certification approval.

Form I-140 is the employer’s immigrant worker petition requesting EB3 classification. USCIS examines the offered job, approved labor certification where required, the beneficiary’s qualifications, and the employer’s ability to pay the offered wage.

USCIS generally requires evidence that the petitioning employer can pay the offered wage from the priority date onward under 8 CFR 204.5(g)(2). Relevant evidence may include tax returns, audited financial statements, annual reports, and qualifying wage payment records.

In a typical PERM based case, the priority date is the date DOL accepts the labor certification application for processing. The date is relevant to immigrant visa availability, which also depends on the category and country of chargeability.

The Department of State publishes monthly employment based visa cutoffs. EB3 skilled workers and professionals appear in one row, while other workers have a separate row. Dates vary by country and can advance, stall or retrogress.

It may be possible when a visa number is available for filing under the applicable USCIS chart and the applicant satisfies adjustment eligibility. Filing rules and eligibility are distinct from approval of PERM or Form I-140.

Yes. When the I-140 is approved and an immigrant visa is available, an eligible worker abroad generally completes National Visa Center and consular immigrant visa procedures rather than Form I-485.

A qualifying spouse and unmarried children under 21 may generally seek derivative immigrant visas or adjustment of status, subject to visa availability, age protection rules, and individual eligibility.

Material changes in the position, location, or minimum requirements may require a new evaluation, recruitment, or application. Employers should obtain advice before changing a role during the sponsorship process.

The employer must evaluate applicants in good faith under the PERM rules. A qualified, willing and available US worker can prevent certification for that particular offered position; the process is not a formality.

EB2 and EB3 have different occupational and beneficiary requirements. The correct classification depends on the actual minimum requirements of the offered job and the applicant’s qualifications, not simply the applicant’s highest degree.

Timing includes prevailing wage determination, recruitment, DOL adjudication, USCIS petition processing, and waiting for an available immigrant visa. Each stage changes over time; a responsible estimate depends on current agency reports and the worker’s chargeability and priority date.

A DOL audit requires a timely and documented response to specific questions. A denial may present reconsideration or administrative review options, depending on the notice and applicable deadlines. An attorney should review the complete recruitment and filing record.

Before finalizing the job description or beginning recruitment. Early legal review can identify classification, actual minimum requirements, location, wage, documentation, layoff, experience, and process timing issues that become difficult to correct later.

No. I-140 approval establishes eligibility for immigrant classification. Permanent residence additionally requires visa availability and successful adjustment of status or consular processing, including any applicable admissibility and status requirements.

The firm can assess the proposed sponsorship, classify the job correctly, guide the PERM and immigrant petition strategy, identify documentary gaps, and coordinate the worker’s permanent residence process. The scope and feasibility of representation are evaluated for the specific employer and worker.