What Is an EB-3 Visa and Who May Qualify?
What Is an EB-3 Visa and Who May Qualify?
For foreign workers who want to build a long-term future in the United States, the EB-3 visa can provide a path to lawful permanent residence through employment. Unlike temporary work visas, the EB-3 category is an employment-based immigrant classification that can ultimately lead to a Green Card.
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For workers and employers in Ohio, understanding who qualifies and how employer sponsorship works is an important first step in determining whether the EB-3 process may be appropriate.
What Is an EB-3 Visa?
The EB-3 category is the third preference employment-based immigrant visa category. It is available to certain skilled workers, professionals, and other workers who have qualifying permanent employment opportunities in the United States.
Unlike some immigration options that allow applicants to petition for themselves, an EB-3 case generally requires a prospective U.S. employer to sponsor the foreign worker.
Who May Qualify for an EB-3 Visa?
The EB-3 category is divided into three primary groups:
Skilled Workers: These are workers whose positions require at least two years of training or work experience. The job cannot be temporary or seasonal.
Professionals: These positions generally require at least a U.S. bachelor's degree or its foreign equivalent, and the applicant must be a member of the professions.
Other Workers: This category covers individuals performing jobs that require less than two years of training or experience and that are not temporary or seasonal.
Determining the appropriate category depends not only on the worker's background but also on the requirements of the position being offered.
Do You Need a Job Offer?
Generally, yes.
An EB-3 applicant typically needs a permanent, full-time job offer from a U.S. employer willing to complete the required immigration sponsorship process.
The employer plays an important role throughout the case. In most EB-3 cases, this includes completing the labor certification process and later filing Form I-140 on behalf of the worker.
This makes EB-3 immigration different from temporary employment programs designed for seasonal or short-term workers.
What Is PERM Labor Certification?
Before filing an EB-3 immigrant petition, employers generally must obtain an approved labor certification from the U.S. Department of Labor.
This process is commonly referred to as PERM labor certification.
The process is designed to address whether qualified U.S. workers are available for the offered position and whether employing the foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers.
Once the required labor certification has been approved, the employer can generally proceed with the immigration petition.
What Happens After Labor Certification?
The sponsoring employer generally files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services.
The petition is used to establish that the worker qualifies for the employment-based classification and that the position meets the applicable requirements.
Approval of the I-140, however, does not necessarily mean the worker can immediately receive a Green Card.
Why Does Your Priority Date Matter?
Employment-based immigrant visas are subject to annual numerical limits. Because demand can exceed the number of visas available, applicants may need to wait until an immigrant visa is available in their category.
The Department of State publishes a monthly Visa Bulletin showing availability based on factors including the applicant's employment preference category and country of chargeability.
Waiting periods can change from month to month. As of August 2026, for example, the EB-3 category has different final action dates depending on the applicant's country of chargeability.
Because these dates change, applicants should rely on the current Visa Bulletin rather than an older estimate of how long the process may take.
How Do You Get the Green Card After I-140 Approval?
The next step depends largely on where the applicant is located and whether an immigrant visa is available.
An eligible worker already in the United States may be able to apply for permanent residence through adjustment of status.
Someone processing from outside the United States will generally pursue an immigrant visa through consular processing.
The appropriate path depends on the worker's individual immigration circumstances.
Can Your Family Receive Green Cards Too?
Qualifying spouses and unmarried children may be able to accompany or later join the principal EB-3 immigrant as derivative applicants.
This can make employment-based immigration an important long-term option not only for workers but also for their immediate families.
How Long Does the EB-3 Process Take?
There is no single timeline for an EB-3 case.
The overall process can be affected by:
- Labor certification processing
- Employer recruitment requirements
- USCIS processing of Form I-140
- Requests for additional evidence
- Visa availability
- The applicant's country of chargeability
- Adjustment of status or consular processing
Because visa availability changes, an estimate provided at the beginning of a case may not accurately predict when permanent residence will ultimately become available.
Is an EB-3 Visa Right for You?
An EB-3 visa can provide a valuable path to permanent residence, but eligibility involves both the worker and the sponsoring employer.
The worker must meet the qualifications for the offered position, while the employer must satisfy the requirements associated with sponsorship. Identifying the correct EB-3 classification and preparing the case carefully can help avoid unnecessary complications during a multi-stage immigration process.
How Can Sintsirmas Immigration Law Co. LPA Help?
Sintsirmas Immigration Law Co. LPA assists employers and foreign workers in Ohio with employment-based immigration matters, including EB-3 visas.
The firm can help clients understand eligibility requirements, navigate the employment-based immigration process, prepare required filings, and address issues that may arise while pursuing permanent residence.
If you are considering an EB-3 visa, contact Sintsirmas Immigration Law Co. LPA to discuss your circumstances and learn more about your immigration options.
