EB-3 Green Card Q&A

The EB-3 green card is designed for foreign skilled workers, professionals, and unskilled workers. Skilled workers are those with at least two years of training or work experience, while unskilled workers perform labor that requires less than two years of training or experience. Professionals must have a U.S. bachelor’s degree or its foreign equivalent.

1. The EB-3 green card application involves three major steps:
   • PERM Labor Certification: The employer proves no qualified U.S. workers are available for the job.
   • I-140 Immigrant Petition: The employer demonstrates the foreign worker’s qualifications and ability to pay the wage.
   • Adjustment of Status or Consular Processing: The foreign worker applies for a green card if already in the U.S. or an immigrant visa if abroad.

The PERM Labor Certification is the first step in the EB-3 process. It ensures the U.S. employer has tested the labor market and confirmed that no qualified and willing U.S. workers are available for the position. The Department of Labor (DOL) issues a prevailing wage determination and may take up to a year to adjudicate the application.

1. The I-140 Petition, filed with USCIS, serves two purposes:
   • To prove the foreign worker is qualified for the job.
   • To demonstrate the employer’s financial ability to pay the offered wage.

1. After the I-140 approval, the foreign worker can proceed in one of two ways:
   • Adjustment of Status: If already in the U.S. in valid status and an immigrant visa is available, the worker can apply for the green card without leaving the U.S.
   • Consular Processing: If outside the U.S., the worker applies for an immigrant visa at a U.S. consulate abroad once a visa is available.