Third preference employment-based Green Card for skilled workers, professionals, and other workers. Requires PERM labor certification and employer sponsorship for all three subcategories. One of the most common paths to permanent residence through employment.
The EB-3 (Employment-Based Third Preference) Green Card is one of the most widely used employment-based immigration categories. It requires an employer to sponsor the employee and complete PERM labor certification with the Department of Labor — proving that no qualified U.S. worker is available for the position. There is no self-petition option for EB-3.
While EB-3 covers a broad range of occupations and is more accessible than EB-1 or EB-2, it typically takes longer due to the mandatory PERM process and (for some countries) significant visa backlog. For most nationalities, however, the priority date is current or close to current.
PERM (Program Electronic Review Management) is a mandatory process where the employer must prove to the Department of Labor (DOL) that no minimally qualified, willing, and available U.S. worker exists for the position. PERM is a strict multi-step process:
Employer submits a Prevailing Wage Request (Form ETA-9141) to the DOL National Prevailing Wage Center. DOL determines the prevailing wage for the position based on job duties, requirements, and location. Currently takes 6–12 months. The employer must offer at least the prevailing wage.
Employer must conduct a mandatory recruitment campaign under strict DOL rules. Required steps include: posting a Sunday newspaper ad for 2 consecutive Sundays, job posting with the State Workforce Agency (SWA) for 30 days, posting internally, and 3 additional recruitment steps (job boards, college recruitment, headhunters, etc.). The entire campaign must be documented meticulously.
After all recruitment steps are complete, the employer must wait 30 days before filing the PERM application (to allow U.S. workers to respond). Any U.S. applicant must be considered and lawfully rejected before PERM can be filed.
File the PERM application (Form ETA-9089) electronically via the DOL FLAG system. Regular processing currently takes 6–18+ months. DOL may issue an audit request, which can add significant time. The PERM is valid for 180 days after certification for I-140 filing purposes.
Begin the PERM process by requesting a prevailing wage determination from DOL. This can take 6–12 months. While waiting, the employer can begin drafting the job description and internal review of U.S. worker pipeline.
Once the prevailing wage is received, conduct the mandatory recruitment campaign. After 30-day waiting period, file ETA-9089 with DOL. Standard processing: 6–18+ months. The employee's priority date is established when PERM is filed (not when it's approved).
Once DOL certifies the PERM, the employer has 180 days to file Form I-140 (Immigrant Petition) with USCIS. Standard processing: 4–6 months. Premium Processing ($2,805): 15 business days. Once I-140 is approved, the employee's priority date is locked in — even if they change jobs (under AC21 portability after 180 days).
Check the monthly USCIS Visa Bulletin for your EB-3 priority date. For most countries, EB-3 dates are current or within 1–3 years. For India and China, the wait can be significantly longer. Once current, proceed to Adjustment of Status or Consular Processing.
In the U.S.: file Form I-485 along with I-765 (EAD) and I-131 (Advance Parole). Abroad: National Visa Center sends instructions for DS-260 and schedules a consular interview. I-485 processing typically takes 9–18 months after filing.
| Stage | Duration | Notes |
|---|---|---|
| Prevailing Wage Request | 6–12 months | DOL has significant backlog |
| Recruitment + 30-day wait | 3–4 months | Must follow DOL recruitment rules precisely |
| ETA-9089 (PERM) processing | 6–18+ months | Audit adds 6–18 months |
| I-140 standard processing | 4–6 months | After PERM certified |
| I-140 premium processing | 15 business days | $2,805 |
| Priority date wait (most countries) | Current – 3 years | Check monthly Visa Bulletin |
| Priority date wait (India EB-3) | Heavily backlogged | Consult Visa Bulletin for current dates |
| I-485 Adjustment of Status | 9–18 months | After date becomes current |
| Total (most countries): ~3–5 years from start to Green Card | ||
* Dates change monthly. Always check the current USCIS Visa Bulletin at travel.state.gov for the latest Final Action Dates for your country.
| Form | Fee | Notes |
|---|---|---|
| PERM (Form ETA-9089) | $0 (govt. fee) | Attorney preparation fees apply |
| Form I-140 (Immigrant Petition) | $730 | Paid by employer |
| Premium Processing I-140 | $2,805 | Optional 15 business day guarantee |
| Form I-485 (Adjustment of Status) | $1,440 | Per adult including biometrics |
| Form I-765 / I-131 (EAD + Parole) | $0 (with I-485) | Work auth + travel while pending |
| Immigrant Visa fee (consular) | $325 | If processing abroad instead of I-485 |
| Approx. total (employer + employee, AOS, no premium) | ~$2,170 fillings + attorney fees (both sides) | |
PERM is a compliance-intensive process. Small mistakes can lead to audit, denial, and years of delay. An experienced immigration attorney is essential for employer-sponsored Green Card cases.
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