Third Preference (EB-3)
*Please note we do not assist with securing employment. You must have a valid job offer from a US employer to proceed.
We Help Clients Secure EB-3 Visas
Immigration Lawyer for EB3 Visa
An EB-3 visa is an employment-based, third-preference immigrant visa that leads to a U.S. green card for skilled workers, professionals, and other workers who have a permanent job offer from a U.S. employer. It is one of the most widely used employment green card categories because its eligibility requirements are less demanding than the EB-1 and EB-2 categories. Although the qualifications for an EB-3 visa are less stringent than either an EB-1 or an EB-2 visa, the backlog and waiting times for it may be longer.
Whether you are an individual worker or an employer in need of a business immigration attorney, our firm has the legal insight to guide you through the process. At Pollak PLLC, our EB-3 visa lawyer represents both foreign workers and the U.S. employers who sponsor them. Managing attorney Karen-Lee Pollak is an immigrant herself and a former chair of a major law firm's immigration practice, recognized by Chambers and Partners and Texas Super Lawyers. We guide clients through every stage of the EB-3 process, from PERM labor certification and the Form I-140 petition to the final green card, from our offices in Dallas and Fort Lauderdale.
What Is an EB-3 Visa?
The EB-3 visa is a third-preference, employment-based immigrant visa for foreign workers who have a permanent, full-time job offer from a U.S. employer. It provides a direct path to lawful permanent residence, known as a green card, for three groups of workers: skilled workers, professionals, and other workers.
The EB-3 category exists for workers who make a valuable contribution to the U.S. workforce but do not meet the higher qualification standards of the EB-1 or EB-2 categories. Because its requirements are more accessible, the EB-3 category is one of the most popular employment green card options. That accessibility also means demand often exceeds supply, so waiting times can run longer than in other employment categories.
Every EB-3 application requires an employer sponsor. There is no self-petition option. The employer must obtain an approved permanent labor certification and offer the worker a permanent, full-time position.
EB-3 Visa Subcategories: Skilled Workers, Professionals, and Other Workers
The EB-3 category covers three subcategories of workers. The subcategory that applies to a position determines the evidence the petition must include.
EB-3 Skilled Worker Requirements
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Demonstrate at least two years of job experience or training.
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Work must involve employment for which qualified workers in the U.S. are unavailable.
EB-3 Professional Requirements
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Possess a U.S. baccalaureate (bachelor's degree) or foreign equivalent. (Note, the position must normally call for a professional with a bachelor's degree.)
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Work must involve employment for which qualified workers in the U.S. are unavailable.
EB-3 Unskilled Worker Requirements
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Must be able to perform unskilled labor on a permanent basis. (This excludes seasonal work.)
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Work must involve employment for which qualified workers in the U.S. are unavailable.
With all types of EB-3 visa applications, you obtain a valid Permanent Labor Certification from the Department of Labor. In effect, this means that the applicant and the sponsor must prove that the current U.S. workforce is insufficient to fill the available position(s).
Sponsorship Required: No Self-Petition Option Available
Notably, there is no self-petition category for an EB-3 visa. Every EB-3 application requires a sponsorship. In order to file a successful petition for a visa, an individual international worker will need a job offer from a qualified American employer. That employer must sponsor the petition. If you have any questions about the role of the sponsor in the process, our Dallas, TX employment immigration lawyer is available to help.
For individuals unsure about sponsorship eligibility or labor certification, a Pollak PLLC immigration lawyer Dallas employers and workers trust can clarify your options and assist at every stage.
Unlike applicants for an EB-1 visa, EB-3 applicants require sponsorship from an employer. In all instances, EB-3 applicants must have both a labor certification and a permanent, full-time job offer to qualify. There are three subcategories within the umbrella of EB-3 applicants –– skilled workers, professionals, and unskilled workers. They are required to produce different levels of evidence in order to apply for the visa.
EB-3 Requirements
EB-3 eligibility rests on three core requirements that apply to every applicant, regardless of subcategory. The employer establishes the first two, and the worker's credentials satisfy the third.
- A permanent, full-time job offer. The position must be permanent and full-time, not temporary or seasonal.
- An approved PERM labor certification. The employer must obtain a permanent labor certification from the U.S. Department of Labor, proving that no minimally qualified U.S. workers are available for the position at the prevailing wage.
- Qualifying credentials for the subcategory. The worker must meet the training, degree, or experience standard for the skilled worker, professional, or other worker subcategory.
There is no self-petition option for the EB-3 visa. Every application depends on a U.S. employer willing to sponsor the worker and see the process through to the final green card.
EB-3 Application Process
The EB-3 process moves through four stages across three federal agencies, and the employer drives the earliest and most document-heavy steps. A single error at any stage can trigger a Request for Evidence, an audit, or a denial, so careful preparation from the start protects the timeline.
Step 1, Prevailing Wage Determination
The employer requests a prevailing wage determination from the Department of Labor. This sets the minimum wage the position must pay for the worker's occupation and location.
Step 2, PERM Labor Certification
The employer conducts a required recruitment campaign to test the U.S. labor market, then files Form ETA-9089 through the PERM system. The employer pays all recruitment costs and cannot pass them to the worker. Recruitment records must be kept for at least five years in case of a Department of Labor audit.
Step 3, Form I-140 Immigrant Petition
After PERM approval, the employer files Form I-140, the Immigrant Petition for Alien Worker, with USCIS. The employer must prove its ability to pay the offered wage from the priority date forward, usually with tax returns, annual reports, or audited financial statements. Premium processing is available and returns a USCIS decision within 15 business days.
Step 4, Green Card Through Adjustment of Status or Consular Processing
Once the worker's priority date is current, the worker files for the green card. Workers already in the United States file Form I-485 to adjust status. Workers abroad complete consular processing at a U.S. embassy or consulate.
EB-3 Visa Processing Times and Timeline
EB-3 processing generally takes about one and a half to three years or more, and the largest variable is the applicant's country of birth. Timelines depend on Department of Labor and USCIS workloads, whether the PERM application is audited, and how long the worker waits for a current priority date.
The following ranges reflect typical processing under normal conditions:
- Prevailing wage determination: roughly 6 to 12 months
- PERM recruitment and filing: roughly 3 to 9 months
- PERM adjudication: roughly 6 to 18 months, and longer if the case is audited
- Form I-140 petition: several months under standard processing, or 15 business days with premium processing
- Wait for a current priority date: varies widely by country of birth, and workers born in India, China, Mexico, or the Philippines can wait years
- Adjustment of status or consular processing: roughly 6 to 32 months
Because timelines shift with annual visa demand, checking the monthly Visa Bulletin is the most reliable way to anticipate your final filing window.
Priority Dates and the Visa Bulletin
Your priority date is your place in line for an EB-3 green card, and it is set on the day the PERM labor certification is filed. No green card can be issued until your priority date becomes current in the monthly Visa Bulletin published by the U.S. Department of State.
The Visa Bulletin lists priority dates by preference category and country of birth. For countries with high EB-3 demand, including India, China, Mexico, and the Philippines, priority dates can lag years behind the current filing date. Applicants born in most other countries often reach a current priority date much sooner.
The bulletin publishes two charts each month: the Dates for Filing chart and the Final Action Dates chart. USCIS announces which chart applies to adjustment of status filings each month. Tracking the bulletin closely lets you file at the earliest possible moment.
Adjustment of Status vs. Consular Processing
The final green card stage happens one of two ways, and where you are located determines which path applies. Workers already in the United States use adjustment of status, and workers abroad use consular processing.
Adjustment of status is available to workers who are physically present in the United States in a valid status. You file Form I-485 and remain in the country while USCIS processes the green card. Workers on an employer-sponsored visa such as H-1B or L-1 may also apply for a work permit while the I-485 is pending.
Consular processing applies to workers outside the United States. You attend an immigrant visa interview at a U.S. embassy or consulate in your home country and enter the United States as a permanent resident once the visa is approved. The path that fits your case depends on your location, your current status, and visa availability.
Family Members and Derivative Beneficiaries
Your spouse and unmarried children under 21 can obtain green cards as derivative beneficiaries of your EB-3 petition. They do not need a separate employer or petition; their eligibility flows from your approved case.
When your priority date is current, your family members apply for permanent residence alongside you, either through adjustment of status in the United States or consular processing abroad. A spouse and children who adjust status inside the country may also qualify for a work permit while their applications are pending.
If a child turns 21 during the process, the Child Status Protection Act may preserve their eligibility in certain circumstances. We review each family's timeline early to protect derivative benefits for spouses and children.
Schedule A: A Faster EB-3 Path for Nurses and Physical Therapists
Registered nurses and physical therapists can skip the PERM labor certification step through a Department of Labor list called Schedule A. Because the Department has already determined that not enough U.S. workers are available in these occupations, the employer does not have to run PERM recruitment.
For a Schedule A case, the employer files an uncertified Form ETA-9089 directly with USCIS alongside the Form I-140, rather than submitting a PERM application to the Department of Labor first. Removing the PERM stage can shorten the overall EB-3 timeline by many months.
Healthcare employers hiring registered nurses or physical therapists should evaluate the Schedule A path at the very start of the sponsorship process. Pollak PLLC advises hospitals, clinics, and healthcare workers on qualifying for and filing Schedule A cases.
EB-3 Visa Alternatives
Employment-based visa alternatives to the EB-3 include the EB-1 (first preference) and EB-2 (second preference) visas. EB-1 visas are reserved for aliens who are outstanding professors, researchers, executives, or individuals with “extraordinary ability.” EB-2 visas are reserved for individuals who hold an advanced degree or equivalent in their field, or for those who display “exceptional ability” in the arts, sciences, or business.
You Can Rely On Dallas Immigration Attorney Karen-Lee Pollak
EB-3 visas are complicated. It is normal to have many questions and concerns about the application process. With extensive experience helping clients navigate the U.S. immigration & visa system, our Managing Attorney Karen-Lee Pollak can help you find the best solution. When you reach out to our Dallas law office, you will have a chance to work with a firm that can:
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Conduct a comprehensive, confidential review of your case;
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Answer any questions you have about EB-3 visa applications;
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Gather all of the information and paperwork you need to proceed; and
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Proactively work to help you overcome any obstacles to an EB-3 visa.
Why Choose Pollak PLLC for Your EB-3 Visa Application Process?
Karen-Lee Pollak, managing attorney of Pollak PLLC, is widely recognized as one of America’s top immigration lawyers. She has been honored by Chambers and Partners and Texas Super Lawyers for multiple years, reflecting her exceptional expertise in immigration law matters. As an immigrant herself and former chair of a major law firm’s immigration practice, our firm brings unique insight and empathy for our clients’ cases
Pollak PLLC offers full-service, employment-based immigration counsel backed by a proven track record – including securing EB-3 green cards for numerous skilled workers and professionals (and their families) in the U.S. Our Clients consistently praise Karen-Lee’s knowledge, integrity, and dedication, noting her personal involvement and high success rate even in complex cases. This combination of elite credentials, decades of experience, and client-focused service positions Pollak PLLC as a trusted partner for EB-3 visa applications nationwide.
Call Pollak PLLC EB-3 Visa Attorney for Help
Our Texas EB-3 visa lawyer is an experienced, solutions-driven advocate helping clients obtain visas, green cards, permanent residency, temporary work visas, and more. If you have questions about the EB-3 visa application process or other immigration services our firm offers, don't hesitate to reach out to our firm. Whether you are a business or are looking for assistance in the immigration process, we have the specialized knowledge in immigration law you need. Call us at (214) 307-5510 or connect with us online to arrange a fully confidential consultation. With an office in Addison, we service clients throughout the Greater Dallas area including Fort Worth, Irving, Richardson, Arlington, Frisco, Plano, Garland, and other cities.
