Immigrant Ally

EB-3: Skilled Workers

Wait required

Quick Summary

  • Who: Workers with at least 2 years of training or experience in a job that requires those skills
  • Wait time: Wait required (~36–72 months)
  • Total estimated time: 36–72 months

Description

EB-3 is the most commonly used employment-based green card path. It covers three groups: skilled workers (jobs requiring 2+ years of training), professionals (jobs requiring a bachelor's degree), and other workers (jobs requiring less than 2 years of training). All three require your employer to sponsor you and complete the PERM labor certification process with the Department of Labor. Wait times are moderate for most countries but can be very long for India, China, Mexico, and the Philippines.

Who Qualifies

Timeline

Total estimated time: months

Step-by-Step Process

1

Employer begins PERM recruitment process

Employer

PERM is the Department of Labor labor certification process. The employer must: (1) Determine the minimum requirements for the job (they cannot tailor the requirements specifically to you — requirements must be standard for the occupation). (2) Advertise the job in required ways (2 Sunday newspaper ads in the area of employment, job search websites, posting at job centers, internal posting, and 3 additional forms of recruitment for professional positions). (3) Consider all U.S. applicants who respond and document in detail why any qualified U.S. applicant was not hired. (4) File the PERM application with DOL online. Important: The employer cannot pay you or anyone else for the PERM costs. All PERM costs are 100% the employer's responsibility.

2

DOL certifies (approves) the PERM

department_of_labor

DOL reviews the recruitment documentation. If satisfied, they issue a certified PERM document. If they audit (randomly), the employer must respond with full recruitment documentation, which can add 6–12 more months.

3

Employer files Form I-140

Employer

Must be filed within 180 days of the PERM certification date. Employer files with a copy of the certified PERM and evidence of your qualifications. Premium Processing strongly recommended.

Form I-140$715
4

USCIS approves I-140 — locks in your priority date

USCIS

5

Wait for priority date to become current

Applicant

Check the Visa Bulletin monthly. When your priority date is current for your country and category, proceed to the next step. If you are currently in the U.S. on a valid status (H-1B, L-1, etc.), you can file I-485 as soon as your date is current.

6

File I-485 (inside U.S.) or consular processing

Applicant

$1,440
7

Biometrics, interview if required, and green card

Applicant

Application Checklist

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  • During pending
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Letter Templates

Tips to Speed Up and Prevent Denial

🔵 Quality

  • The PERM job description is legally binding. It describes the job the employer needs filled, NOT the specific person they want to hire. The employer cannot write requirements that only you can meet (like requiring 5 years at a specific foreign company). If the PERM job description is tailored to fit only you, DOL can deny it.
  • If your employer is not willing to pay for Premium Processing on the I-140, and you can legally pay for it (some employers allow this), strongly consider doing so. The time saved — months or years — is almost always worth the $2,805 fee.

🟢 Speed

  • While your I-140 is approved and you are waiting for your priority date, consider whether you could also be eligible for EB-2 NIW (National Interest Waiver) if your work has national significance. A successful NIW petition would give you a faster path without needing PERM.

🔴 Avoid Denial

  • If DOL audits your PERM, the employer must provide complete recruitment documentation (all advertisements, all applications received, all rejection reasons) within 30 days of the audit notice. Missing an audit deadline means the PERM is denied and you must start over from the beginning. This is why careful documentation from the start of the PERM process is critical.
  • The employer must still have the ability to pay your full salary at the time the I-140 is filed — not just when you start work. USCIS reviews the employer's financial records. If the employer cannot demonstrate they can pay your salary, the I-140 will be denied. If your employer is a small company or startup, work with your attorney to prepare financial evidence.