EB-3 — Skilled & Professional Workers.

Three EB-3 sub-categories

EB-3 Professionals

For positions requiring at least a U.S. bachelor's degree (or foreign equivalent) and the worker holding such a degree.

EB-3 Skilled Workers

For positions requiring at least 2 years of training or experience and the worker meeting that requirement. The training/experience cannot be of a temporary or seasonal nature.

EB-3 Other Workers (EW)

For positions requiring less than 2 years of training or experience. EW has its own backlog and is significantly slower than the main EB-3 category.

The three-step process

Step 1: PERM Labor Certification

U.S. employer must:

1. Obtain a Prevailing Wage Determination from the Department of Labor
2. Conduct mandatory recruitment activities (state job order, two Sunday newspaper ads, three additional recruitment steps for professional positions)
3. Document that no qualified U.S. worker applied OR all U.S. applicants were lawfully rejected
4. File Form ETA-9089 with DOL

Processing time: 6-12 months (longer if audited). Cost: paid entirely by employer.

Step 2: I-140 Immigrant Petition

After PERM approval, employer files Form I-140 with USCIS to classify the worker as an immigrant. Filing fee: $715. Premium processing available ($2,805).

Step 3: I-485 Adjustment of Status (or Consular Processing)

Once priority date is current, worker files I-485 (if in U.S.) or DS-260 (if abroad).

May 2026 EB-3 dates

Strategic considerations

EB-2 to EB-3 downgrade (India)

If you have an approved EB-2 I-140 with priority date that's still backlogged, you may file a new I-140 in EB-3 (using the same PERM and same priority date) to capture the faster EB-3 dates. Pros: quicker green card. Cons: starting over creates risk if EB-3 reverses; EB-2 portability benefits may not transfer cleanly.

Employer changes during the process

The "AC21" portability provision allows changing employers after I-485 has been pending 180 days, provided the new job is in the same or similar occupation.

Children aging out

The Child Status Protection Act protects children under 21 at certain points in the process. CSPA calculation: child's age at I-140 approval minus time the petition was pending equals their "CSPA age." Critical for EB-3 India families with long waits.

Cost breakdown (typical)

EB-3 vs EB-2 vs EB-1 quick comparison