ImmigrantEmployment-basedPERMAnnual capForm I-140

EB-3 Skilled Workers, Professionals and Other Workers

Third-preference green card for skilled workers, professionals with a bachelor’s degree, and other workers, sponsored by a U.S. employer after labor certification.

Last reviewed Oct 1, 2026Sources: USCIS · Department of Labor · eCFRReport an error

At a glance

Result: Permanent residence (green card)
Annual numbers: 28.6% of EB limit; other workers max 10,000
Petition: Form I-140 — $715 paper / $665 online
Labor certification: PERM required (Schedule A exempt)
Final action date (most countries): May 15, 2024
Premium processing: 15 business days

Rest-of-world retrogression for FY 2027. The October 2026 Visa Bulletin notes that some employment-based categories for “Rest of World” retrogressed at the start of FY 2027. EB-3 final action dates: most countries May 15, 2024; Philippines Aug 15, 2023; China Jan 8, 2022; India Jan 1, 2014.

Overview

EB-3 is the third employment-based preference. It has three subgroups: skilled workers (jobs requiring at least 2 years of training or experience), professionals (jobs normally requiring a U.S. bachelor’s degree or foreign equivalent), and other workers (jobs requiring less than 2 years of training or experience).

All EB-3 cases need a permanent, full-time job offer and, in most cases, an approved PERM labor certification showing no qualified U.S. workers are available. Professional nurses and physical therapists in Schedule A are pre-certified: the employer files an uncertified Form ETA-9089 directly with USCIS.

Congress sets the employment-based preference level at at least 140,000 visas a year; EB-1, EB-2 and EB-3 each receive 28.6% of it, and EB-4 and EB-5 each receive 7.1% (Visa Bulletin, October 2026). The per-country limit for FY 2027 is 25,620 preference visas. Of the EB-3 numbers, no more than 10,000 go to other workers, reduced by about 150 in FY 2027 under NACARA.

Who qualifies

The worker must fit one subgroup

Skilled worker: the job requires at least 2 years of training or experience, and the worker meets the stated requirements.
Professional: the job normally requires a U.S. bachelor’s degree or foreign equivalent, and the worker holds one; experience cannot substitute for the degree.
Other worker: unskilled labor requiring less than 2 years of training or experience.

The employer must

Offer a permanent, full-time job and obtain an approved labor certification (Form ETA-9089), filed through DOL’s FLAG system after a prevailing wage determination and recruitment.
File Form I-140 within the 180-day validity of the certification.
Show a continuing ability to pay the offered wage.

Schedule A (no DOL certification step)

Professional nurses who have a CGFNS certificate, a permanent, full and unrestricted license in the state of intended employment, or have passed the NCLEX-RN (20 CFR 656.5).
Physical therapists who qualify to take the licensing exam in the state of intended practice.
The employer files Form I-140 with an uncertified ETA-9089 directly with USCIS.

Duration & extensions

Green card	10-year card, renewable
Conditional period	None for EB-3
Labor certification validity	180 days (DOL)
Naturalization	Generally after 5 years as a permanent resident (USCIS)

Fees

Government fees for an EB-3 case, as published on October 1, 2026:

Fee	Amount	Who pays	Notes
Form I-140 filing fee	$715 paper / $665 online	Petitioner	Per USCIS Fee Schedule G-1055 (edition 10/01/26).
Asylum Program Fee (with Form I-140)	$600 / $300 / $0	Petitioner	$600 regular petitioner; $300 small employer or self-petitioner; $0 nonprofit. G-1055
Premium processing (Form I-907) for Form I-140	$2,965	Petitioner	Optional; in effect since March 1, 2026. G-1055
Form I-485 (adjustment of status, age 14+)	$1,440 paper / $1,390 online	Each applicant	Applicants under 14 filing with a parent: $950 paper / $900 online. G-1055
Form I-765 (work permit while I-485 is pending)	$260	Applicant	Reduced fee applies if Form I-485 was filed with a fee on or after April 1, 2024 and is still pending. G-1055
Immigrant visa application processing fee (consular processing)	$345	Each applicant	For applications based on an approved I-140 or I-526/I-526E petition. State Dept fees
USCIS Immigrant Fee	$235	Each immigrant visa holder	Paid after the immigrant visa is issued, to produce the green card. G-1055

Fees change; confirm on the USCIS Fee Schedule and the State Department’s visa fee page before paying. A biometrics fee is not listed separately for these forms in G-1055.

Processing time

Premium processing (I-140): 15 business days; All EB-3 subgroups (USCIS)
Final action — skilled/professional: May 15, 2024; Most countries, October 2026 (Visa Bulletin)
Final action — other workers: Jan 1, 2022; China: Oct 1, 2019 · India: Jan 1, 2014 (Visa Bulletin)

PERM times are published at flag.dol.gov; USCIS times at USCIS processing times. For October 2026 USCIS uses the Dates for Filing chart for employment-based I-485 filings (EB-3: most countries August 1, 2024; Philippines January 1, 2024; China April 1, 2024; India January 15, 2015).

Application steps

1
Prevailing wage and recruitment
The employer requests a prevailing wage determination from DOL and conducts the required recruitment.
2
File the PERM application
The employer files Form ETA-9089 through FLAG (skipped for Schedule A jobs).
3
File Form I-140
Within 180 days of certification, the employer files Form I-140; premium processing is available.
4
Wait for the priority date
The priority date must be earlier than the Visa Bulletin cutoff USCIS designates for the month.
5
Adjust status or consular process
File Form I-485 in the United States or apply for an immigrant visa abroad.
6
Green card
After biometrics and any interview, the green card is issued.

Required documents

From the employer

Approved ETA-9089 (or uncertified ETA-9089 for Schedule A)
Job offer and evidence of ability to pay (annual reports, tax returns or audited statements)

From the worker

Degree and transcripts (professionals), or experience and training letters (skilled workers)
For nurses: CGFNS certificate, state license or NCLEX-RN result
Passport and civil documents

Dependents & family

A spouse and unmarried children under 21 may immigrate as derivatives with the principal’s priority date (Visa Bulletin, para. 3).

After you arrive

EB-3 leads directly to permanent residence:

Step 1

Receive the green card

Consular immigrants pay the $235 USCIS Immigrant Fee after visa issuance.

Step 2

Naturalize

Most permanent residents may apply for citizenship after 5 years (USCIS).

Since May 21, 2026, USCIS policy memo PM-602-0199 tells officers to treat adjustment of status as extraordinary, discretionary relief. It recognizes dual-intent nonimmigrant categories (such as H-1B and L-1) as an exception, but states that holding dual-intent status is not by itself enough for a favorable decision. Nationals of countries covered by Proclamations 10949 and 10998 face a suspension of immigrant visa issuance (with limited exceptions); a separate 75-country immigrant visa pause that began January 21, 2026 ended on August 21, 2026 under a court order.

EB-2

Advanced degree / exceptional ability

Higher preference for master’s-level jobs.

H-1B

Specialty occupation

Common temporary status while an EB-3 case is pending.

H-2B

Temporary non-agricultural worker

Seasonal work visa; not a green card path itself.

USMCA professional

Temporary status for Canadian and Mexican professionals.

Common questions

Do nurses need PERM?

No. Professional nurses who meet Schedule A (CGFNS certificate, a permanent, full and unrestricted state license or NCLEX-RN pass) are pre-certified; the employer files Form I-140 with an uncertified ETA-9089 directly with USCIS.

What is the difference between skilled and other workers?

Skilled jobs require at least 2 years of training or experience; other-worker jobs require less. Other workers share a smaller annual allotment and usually wait longer.

How long is a labor certification valid?

180 days from certification; USCIS must receive the I-140 within that window (USCIS).

Is EB-3 backlogged in October 2026?

Yes. Final action dates are May 15, 2024 for most countries, August 15, 2023 for the Philippines, January 8, 2022 for China and January 1, 2014 for India (Visa Bulletin).

Official sources

Recent changes

Sep 18, 2026
New Form I-485 edition required. USCIS rejects the 01/20/25 edition of Form I-485 if postmarked or electronically submitted on or after September 18, 2026; only the 09/18/26 edition is accepted, with no grace period. Source ↗
Sep 18, 2026
2022 public charge rule rescinded. A DHS final rule (91 FR 45324) rescinding the 2022 public charge regulations took effect September 18, 2026. It applies to applications for admission made, and adjustment applications postmarked or electronically submitted, on or after that date; USCIS lists employment-based categories among those subject to the public charge ground. Source ↗
Aug 24, 2026
Court enjoins USCIS adjudication holds for nationals of 39 countries. In Red Eagle Law, L.C. v. Edlow (N.D. Cal.), the court enjoined PM-602-0192 and PM-602-0194 for a certified class of citizens or natives of the countries listed in Proclamations 10949 or 10998 (or the Palestinian Authority) and ordered USCIS to adjudicate their applications in the normal course. USCIS says it will follow the order pending further judicial review. Source ↗
Aug 21, 2026
Immigrant visa pause for 75 nationalities ends. Under the court’s order in CLINIC et al. v. Rubio et al., the January 2026 pause of immigrant visa issuance to nationals of 75 countries is no longer in effect as of August 21, 2026. Source ↗
Jun 5, 2026
Court vacates USCIS benefit-hold memos agency-wide. In Dorcas International Institute of Rhode Island v. USCIS (D.R.I.), the court vacated PM-602-0192, PM-602-0194 and PA 2025-26, which had put on hold benefit requests (including adjustment of status) from nationals of the countries listed in Proclamations 10949 and 10998. Final judgment was entered June 11, 2026, and USCIS says the vacatur applies agency-wide. Source ↗
May 21, 2026
PM-602-0199: adjustment of status treated as “extraordinary” discretionary relief. USCIS policy memo directs officers to weigh that adjustment of status is an act of administrative grace not meant to replace consular processing. It acknowledges exceptions for dual-intent nonimmigrant categories, but says dual-intent status alone does not warrant a favorable exercise of discretion. Source ↗
Mar 1, 2026
Premium processing fee for Form I-140 rises to $2,965. Final rule published January 12, 2026 (91 FR 1059) adjusted premium processing fees for inflation; the Form I-140 fee rose from $2,805 to $2,965 for requests postmarked on or after March 1, 2026. Source ↗
Jan 21, 2026
Immigrant visa issuance paused for nationals of 75 countries. The Department of State paused immigrant visa issuance to nationals of 75 countries while reviewing public-charge screening. The pause ended August 21, 2026 under a court order. Source ↗
Jan 1, 2026
Proclamation 10998 entry restrictions take effect. Proclamation 10998 (signed December 16, 2025) took effect January 1, 2026, fully suspending visas, including all immigrant visas, for nationals of 19 countries plus Palestinian Authority travel documents, and suspending all immigrant visas for nationals of 20 more countries (for 19 of them, also B, F, M and J visas), subject to listed exceptions. Source ↗
Jun 4, 2025
Proclamation 10949 restricts entry from listed countries. Presidential Proclamation 10949 suspended visa issuance, including immigrant visas, for nationals of designated countries; it was later expanded by Proclamation 10998. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.