Employment-Based Immigration
EB-3 Green Card Based on Employment
The EB-3 Green Card provides a structured pathway to U.S. permanent residence for professionals, skilled workers, and other workers whose labor is needed in the United States — driven by a permanent job offer from a U.S. employer.
Family Members Included
Spouse and children eligible
Broad Eligibility Category
Multiple Worker Categories
Employer Sponsorship Required
Job offer and PERM labor certification
What Is the EB-3 Visa?
The EB-3 category grants permanent residence to foreign workers who meet minimum education, training, or experience requirements and who have a valid job offer for a permanent position in the United States.
Unlike EB-1 and EB-2 categories, the EB-3 is fundamentally employer-driven. The process requires a U.S. sponsor and, in most cases, an approved labor certification issued by the U.S. Department of Labor (DOL) before the immigrant petition is filed with USCIS.
At Gondim Law, we assist both U.S. employers and foreign nationals in navigating the EB-3 process with a compliance-driven approach, ensuring that every step — from labor certification to USCIS filing — is handled accurately and strategically.
EB-3 General Process
Filed by the U.S. employer with the Department of Labor — demonstrating no qualified U.S. workers are available.
Immigrant Petition (Form I-140)
Filed with USCIS after labor certification approval — linking the employer’s offer to the foreign worker’s qualifications.
Final step toward permanent residence based on visa bulletin availability and applicant’s location.
━ Employer Sponsorship
Job Offer and Employer
Sponsorship Are Required
In all EB-3 cases, the applicant must already have a permanent, full-time job offer from a U.S. employer and a sponsoring employer willing to complete the labor certification process.
The employer must demonstrate that there are no able, willing, qualified, and available U.S. workers for the position — and that hiring the foreign worker will not negatively affect U.S. wages or working conditions.
This requirement applies to all EB-3 subcategories, with limited exceptions for
Schedule A pre-certified occupations.
What the Employer Must Show
No Qualified U.S. Workers
Prevailing Wage Compliance
Ability to Pay
━ EB-3 Subcategories Explained
Which EB-3 Category Applies to You?
Schedule A Occupations
A special classification for occupations pre-certified by the DOL as being in national shortage bypassing traditional labor certification recruitment.
✓ Registered Nurses
✓ Physical Therapists
✓ Certain professionals in science, arts, or education meeting at least two extraordinary abdility criteria
✓Recruitment is waived, but documentation and licensing eligibility still require
EB-3 Professionals
For foreign nationals in professions that normally require a U.S. bachelor’s degree or foreign equivalent.
✓ U.S. bachelor’s degree or foreign equivalent required
✓ Position must normally require a bachelor’s degree
✓ Labor certification required
✓ USCIS evaluates legitimacy of the degree requirement
EB-3 Skilled Workers
For workers in technical, industrial, and specialized trade occupations requiring at least two years of training or experience.
✓ Minimum two years of training or work experience
✓ Work for which qualified U.S. workers are unavailable
✓ Labor certification required
✓ Common in industrial and technical occupations
EB-3 Other Workers
For individuals performing unskilled labor requiring less than two years of training or experience in permanent, non-seasonal positions.
✓ MLess than two years of training or experience required
✓ Position must be permanent and non-seasonal
✓ Labor certification still required
✓ Subject to longer visa backlogs in most cases
The PERM Process — Handled by the Employer
1. Determine the Prevailing Wage
The employer requests a prevailing wage determination from the DOL for the specific occupation and geographic area.
2. Conduct Mandatory Recruitment
The employer carries out required recruitment efforts to test the U.S. labor market and document results.
3. File the PERM Application
Submit the labor certification application (ETA-9089) to the Department of Labor with full recruitment documentation.
4. Demonstrate Compliance
Show full compliance with wage rules and that no qualified U.S. workers were found available for the position.
5. Receive PERM Approval
Only after labor certification approval can the employer proceed to file Form I-140 with USCIS.
Why PERM Compliance Matters
The PERM process is highly regulated. Errors in recruitment documentation, job description requirements, or wage compliance can result in denial or an audit by the DOL — significantly delaying the case.
A properly prepared PERM filing is accurate, consistent with the actual position, and clearly documented to withstand DOL scrutiny.
At Gondim Law, we guide employers through every step of the PERM process — from prevailing wage requests to recruitment documentation — ensuring full compliance before the application is submitted.
━ DOCUMENTATION
Evidence for EB-3 Petitions
Successful EB-3 cases rely on accurate and consistent documentation.
Clear preparation at every stage reduces the risk of delays, audits, or denials.
Job Offer Letters & Employment Contracts
Formal documentation confirming the permanent, full-time position being offered to the foreign worker.
Employer Recruitment Records
Documentation of all mandatory recruitment efforts conducted as part of the PERM labor certification process.
Educational Diplomas & Transcripts
Academic credentials confirming that the applicant meets the education requirement for the position.
Experience Verification Letters
Letters from prior employers confirming job titles, responsibilities, and duration of relevant experience.
Professional Licenses & Certifications
Government-issued licenses or professional certifications when required by the occupation (e.g., nursing licenses for Schedule A).
Proof of Employer's Ability to Pay
Financial documentation — such as tax returns, annual reports, or audited financial statements — confirming the employer can pay the offered wage.
━ THE PROCESS
EB-3 Petition Process(Step-by-Step)
The EB-3 visa cannot be self-petitioned. A petition must be filed by:
1
Employer Sponsorship
and Job Offer
Confirm the permanent, full-time position. The employer must be willing and able to sponsor the foreign worker throughout the full process.
2
Prevailing Wage and Recruitment
Complete Department of Labor requirements — including the prevailing wage determination and mandatory recruitment efforts to test the U.S. labor market.
3
PERM Labor Certification Filing
Submit the labor certification application to the DOL with full documentation demonstrating compliance with wage and recruitment requirements.
4
Labor Certification Approval
Proceed only after the DOL approves the labor certification. An audit can significantly delay this stage if documentation is incomplete or inconsistent.
5
Filing Form I-140
The employer files the EB-3 immigrant petition with USCIS. This establishes the applicant’s priority date for visa availability.
6
Adjustment of Status
or Consular Processing
The applicant completes the final step toward permanent residence. Processing times vary depending on category, country of chargeability, and visa bulletin availability.
━ MYTHS & FACTS
Common EB-3 Visa Misconceptions
"EB-3 does not require an employer"
EB-3 is entirely employer-driven. A permanent, full-time job offer from a sponsoring U.S. employer is required in every subcategory.
"Any job qualifies"
The position must meet specific education or experience requirements, be permanent and full-time, and comply with DOL wage standards for the occupation.
"Unskilled workers do not need labor certification"
All EB-3 subcategories — including Other Workers — require labor certification, with the only exception being Schedule A pre-certified occupations.
"The process is simple and automatic"
EB-3 is process-heavy and highly regulated. Errors in recruitment, wage determination, or documentation can result in denial or long delays.
Frequently Asked Questions About the EB-3 Visa
Who qualifies for an EB-3 green card?
Foreign nationals with a permanent job offer in the U.S. who meet the education or experience requirements for professionals, skilled workers, or other workers may qualify.
Is a labor certification always required for EB-3?
Yes, in most cases. Schedule A occupations are exempt from traditional recruitment but still require filing specific documentation.
Can unskilled workers apply for EB-3?
Yes, if the position is permanent, full-time, and non-seasonal, and the employer completes the labor certification process.
How long does the EB-3 process take?
Processing times vary depending on labor certification timelines, USCIS processing, and visa bulletin availability.
Why should I choose Gondim Law for an EB-3 case?
Clients choose Gondim Law because of our:
- Experience with labor certification and employer-sponsored cases
- Compliance-focused strategy
- Clear communication with both employers and employees
- Attention to detail throughout the PERM and USCIS stages
How do I start an EB-3 process?
The process begins with a U.S. employer willing to sponsor the position. Gondim Law can guide employers and foreign nationals through each stage of EB-3 preparation.
Does EB-3 require a job offer?
Yes. A permanent, full-time job offer is required.
Who helps employers and workers with EB-3 cases?
Immigration attorneys experienced with labor certification and USCIS filings, such as Gondim Law.
━ A trusted immigration law firm
Find Out If You Qualify for
the EB-3 Green Card
Our immigration attorneys provide confidential evaluations to assess your eligibility and develop a strategic approach tailored to your unique qualifications and career achievements.
Strategic guidance at every stage of your process