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At Donald Gross Law Group, we assist skilled workers, professionals, and other workers in securing EB-3 green cards through employer sponsorship and labor certification. From our headquarters in Washington, D.C. and international offices in Mexico City, Lisbon, and Bangkok, our experienced immigration attorneys provide strategic legal guidance for workers with bachelor’s degrees, skilled trade experience, and specialized training seeking permanent residency through the EB-3 pathway alongside their sponsoring employers.

Why Choose Donald Gross Law Group

  • Licensed attorneys: practicing in Washington, D.C., France, and Colombia with advanced legal training from Cornell, University of Chicago Law School, GW University Law School, and the Sorbonne
  • Over 30 years of combined experience: representing EB-3 applicants and sponsoring employers before the Department of Labor and USCIS with extensive knowledge of skilled worker immigration requirements
  • Government expertise: from prior service at the State Department and National Security Council, providing unique insight into labor market protection policies and workforce priorities
  • Media recognition: by CNN, MSNBC, Fox Business News, Voice of America, and The Wall Street Journal for authoritative immigration legal analysis
  • EB-3 specialization: comprehensive understanding of skilled worker classifications, professional requirements, and PERM compliance across diverse industries and skill levels
  • Multilingual team: fluent in English, Spanish, and French, ensuring clear communication throughout the employer-sponsored process
  • Global accessibility: offices in Washington, D.C., Mexico City, Lisbon, and Bangkok, supporting workers and employers with international recruitment across skill levels

Understanding EB-3 Green Card Categories

The EB-3 green card category serves three distinct groups of workers seeking permanent residency through employer sponsorship: skilled workers, professionals, and other workers. This third preference employment-based category provides pathways for individuals with varying levels of education and experience while requiring employer sponsorship and labor certification to protect U.S. worker opportunities.

EB-3 applications follow the same fundamental PERM labor certification process as EB-2 cases but accommodate workers with different qualification levels and typically face longer processing times due to higher demand and annual numerical limitations affecting this preference category.

EB-3 Classification Categories and Requirements

Success in EB-3 applications begins with understanding the three distinct subcategories and their specific qualification requirements that determine eligibility and processing considerations.

  • Skilled Workers: Individuals whose jobs require at least two years of training, education, or work experience. This category encompasses skilled trades, technical positions, and specialized roles that require significant preparation but may not require a college degree.
  • Professionals: Individuals who hold a U.S. bachelor’s degree or its foreign equivalent and whose job requires that degree for entry. This category serves college graduates in professional positions that require higher education but may not qualify for EB-2 advanced degree classification.
  • Other Workers: Individuals performing unskilled labor requiring less than two years of training or experience. This category has the most limited annual visa allocation and typically faces the longest processing times among employment-based categories.

The EB-3 PERM Labor Certification Process

Like EB-2 cases, EB-3 green cards require PERM labor certification demonstrating that no qualified U.S. workers are available for the position. However, EB-3 cases often involve different recruitment strategies and wage considerations reflecting the varied skill levels and job requirements.

  • Job Requirement Definition: Employers must carefully define job duties and minimum requirements that reflect actual business needs while avoiding requirements that are unnecessarily restrictive or tailored to the foreign worker’s specific background.
  • Prevailing Wage Determination: The Department of Labor establishes the minimum wage based on the specific job requirements, skill level, and geographic location, often resulting in different wage levels than EB-2 professional positions.
  • Recruitment Compliance: Employers must conduct comprehensive recruitment including mandatory advertisements and additional professional recruitment efforts designed to reach qualified U.S. workers in the relevant labor market.
  • Application Adjudication: The Department of Labor reviews applications for compliance with all requirements, with potential for audit or requests for additional documentation before approval.

Skilled Worker and Professional Position Requirements

EB-3 skilled worker and professional positions require careful documentation of job requirements, worker qualifications, and business necessity to support both the labor certification and subsequent I-140 petition.

Skilled Worker Positions: Jobs must genuinely require at least two years of training, education, or experience, supported by industry standards, job market analysis, and business necessity documentation. Examples include electricians, plumbers, chefs, mechanics, technicians, and other skilled trades requiring specialized training.

Professional Positions: Positions must require a bachelor’s degree as a minimum qualification, with job duties that necessitate the theoretical and practical application of a body of highly specialized knowledge. The foreign worker must possess the required degree or its evaluated equivalent.

Business Necessity Justification: Employers must demonstrate that the specified requirements are normal for the occupation and necessary for the business, avoiding requirements that appear designed around the foreign worker’s particular background or credentials.

Navigating EB-3 Processing Challenges

EB-3 applications face unique challenges related to skill level documentation, wage determinations, recruitment compliance, and extended processing times that require experienced legal guidance and strategic planning.

  • Priority Date Backlogs: EB-3 categories, particularly other workers, face significant backlogs requiring careful priority date monitoring and long-term immigration planning, especially for applicants from countries with high demand.
  • Skill Level Documentation: Establishing that positions truly require the claimed skill level through industry standards, job descriptions, and training requirements that satisfy Department of Labor scrutiny.
  • Wage Level Determinations: Challenging inappropriate prevailing wage levels that may not accurately reflect the position’s skill requirements or geographic market conditions.
  • Recruitment Effectiveness: Conducting recruitment that genuinely reaches the target labor market while maintaining compliance with all regulatory requirements and documentation standards.

I-140 Petition Strategy for EB-3 Cases

Following PERM approval, employers file I-140 petitions demonstrating that both the position and the foreign worker meet EB-3 requirements while establishing the employer’s continuing ability to pay the offered wage.

  • Worker Qualification Evidence: Comprehensive documentation of education, training, and work experience that establishes the foreign worker meets the position requirements specified in the labor certification.
  • Employer Financial Capacity: Evidence of the employer’s ability to pay the offered wage through tax returns, audited financial statements, or other acceptable financial documentation.
  • Position Continuity: Confirmation that the job remains available and that the terms and conditions haven’t materially changed since the labor certification approval.
  • Classification Consistency: Ensuring that all documentation supports the specific EB-3 subcategory claimed and that job requirements align with regulatory standards for that classification.

Managing Extended Processing Times

EB-3 cases often require multi-year processing periods, particularly for applicants from countries with significant backlogs, requiring strategic planning for status maintenance and career development throughout the process.

  • Status Maintenance Strategies: Coordinating appropriate nonimmigrant status extensions or changes to maintain legal presence throughout the extended processing period.
  • Priority Date Monitoring: Regular tracking of visa bulletin movements and priority date progression to anticipate final processing opportunities and plan accordingly.
  • Employment Flexibility: Understanding AC21 portability provisions that may allow job changes after I-140 approval while maintaining the pending green card application.
  • Family Planning: Coordinating spouse and children’s immigration status throughout the extended process, including addressing aging-out issues for children approaching 21.

How We Secure Your EB-3 Success

  1. We begin with comprehensive eligibility assessment evaluating your qualifications against EB-3 subcategory requirements, identifying the most appropriate classification, and developing strategies tailored to your skill level and experience
  2. We manage the complete PERM process including job requirement development, prevailing wage strategy, recruitment compliance, and application preparation designed to meet Department of Labor standards
  3. We coordinate I-140 petition preparation with detailed qualification documentation, employer evidence, and strategic presentation that establishes eligibility while maintaining consistency with the labor certification
  4. We provide long-term case management throughout the multi-year process, including priority date monitoring, status maintenance guidance, and final green card processing coordination

Frequently Asked Questions About EB-3 Green Cards

What is the EB-3 green card, and who qualifies for it?

The EB-3 green card serves three categories: (1) Skilled workers with jobs requiring at least 2 years of training/experience; (2) Professionals with U.S. bachelor’s degrees whose jobs require that degree; (3) Other workers performing unskilled labor requiring less than 2 years of training. All require employer sponsorship.

What are the main steps in the EB-3 green card application process?

The process involves three major steps: (1) PERM Labor Certification where the employer proves no qualified U.S. workers are available; (2) I-140 Immigrant Petition demonstrating worker qualifications and employer’s ability to pay; (3) Final green card processing through adjustment of status or consular processing.

What is the PERM Labor Certification, and why is it important?

PERM requires employers to test the U.S. labor market through comprehensive recruitment to prove no qualified U.S. workers are available for the position. The Department of Labor issues prevailing wage determinations and may take 8-18 months to adjudicate applications, with possible audits requiring additional documentation.

What is the purpose of the I-140 Immigrant Petition?

The I-140 serves two main purposes: (1) proving the foreign worker is qualified for the job based on education, training, and experience; (2) demonstrating the employer’s financial ability to pay the offered wage from the priority date through green card approval.

How does a foreign worker obtain the EB-3 green card once the I-140 is approved?

After I-140 approval, workers can proceed through: (1) Adjustment of Status if already in the U.S. in valid status when a visa becomes available; (2) Consular Processing if outside the U.S., applying for an immigrant visa at a U.S. consulate abroad once priority dates become current.

How long does the EB-3 process typically take?

The complete process varies significantly by category and country of birth. PERM takes 8-18 months, I-140 processing 8-15 months, but final processing depends on priority date availability. Skilled workers and professionals may wait 1-2 years total, while other workers and applicants from backlogged countries may wait much longer.

What’s the difference between EB-3 skilled workers and professionals?

Skilled workers need at least 2 years of training/experience but not necessarily a college degree (trades, technical positions). Professionals must have a bachelor’s degree and work in positions requiring that degree. Both have similar processing times, unlike other workers which face longer waits.

Can I upgrade from EB-3 to EB-2 if I get additional qualifications?

Yes, if you obtain an advanced degree or can demonstrate exceptional ability, your employer may file an EB-2 petition. This creates a new priority date but may result in faster processing. You cannot transfer your EB-3 priority date to EB-2.

What happens if my EB-3 PERM application is audited?

PERM audits require employers to submit original recruitment documentation and evidence of compliance. Employers have 30 days to respond with required materials. Audits add 6-12 months to processing but most are resolved successfully with proper documentation and legal guidance.

Can I change employers during the EB-3 process?

Generally, changing employers before I-140 approval requires starting over with a new PERM. After I-140 approval and 180+ days, you may change to same/similar positions under AC21 portability, but this requires careful legal analysis to ensure compliance.

Why do EB-3 other worker cases take so long?

Other worker category has the smallest annual visa allocation (10,000 globally), creating significant backlogs. Combined with high demand from certain countries, processing times can extend 8-10+ years. Priority date monitoring and alternative strategies are often necessary.

Do family members get green cards through EB-3 petitions?

Yes, your spouse and unmarried children under 21 can be included as derivative beneficiaries. However, children may “age out” during long processing times. The Child Status Protection Act provides some protection, but family planning throughout the process is crucial.

What if I don’t meet the 2-year requirement for skilled worker?

If you don’t have 2 years of training/experience, you may qualify as other worker if the job requires less than 2 years. Alternatively, relevant post-secondary education may count as training in some cases, requiring careful documentation and legal analysis.

Testimonials

“Donald Gross Law Group successfully navigated our EB-3 skilled worker case through PERM and I-140 approval. Their expertise in manufacturing industry requirements and recruitment compliance was exceptional.” — Michael Torres, Manufacturing Supervisor

“The team’s understanding of EB-3 professional requirements helped secure my green card as a software developer. They coordinated effectively with my employer throughout the multi-year process.” — Ana Silva, Software Developer

Schedule a Free Consultation

Whether you are in Washington, D.C., Detroit, Houston, Phoenix, Mexico City, Lisbon, Bangkok, or anywhere worldwide, Donald Gross Law Group is ready to assist with your EB-3 green card needs. Contact us today to schedule a free 30-minute consultation with an experienced EB-3 lawyer to discuss your qualifications and explore your pathway to employer-sponsored permanent residency through skilled worker or professional classification.