EB-3 Employment-Based Immigration: Third Preference EB-3

At a Glance

Item	Details
Visa name	Employment-Based Third Preference (EB-3)
Purpose	Permanent employment-based immigration
Eligible categories	Skilled, professional, or other workers
Stay	Lawful permanent resident admission
Cost	Not stated in the source
Eligibility timing	Not stated in the source
Work rights	Permanent full-time U.S. job offer required
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	Not stated in the source
Citizenship	Not stated in the source
Family sponsorship	Spouse and unmarried children under 21
Visa record	Form I-140 petition
Labor certification	Usually DOL-approved ETA-9089 required

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Purpose

EB-3 is an immigrant visa preference category for:

• Skilled workers
• Professionals
• Other workers (unskilled workers)

A permanent, full-time job offer from a U.S. employer is required for all categories.

Eligibility

Skilled Workers

You must:

• Perform skilled labor that is not temporary or seasonal.
• Have a job requiring at least 2 years of training or experience.
• Meet the job requirements in the labor certification or Schedule A application.
• Provide evidence such as academic records or employer letters.

Relevant post-secondary education may count as training.

Professionals

You must:

• Hold at least a U.S. bachelor’s degree or foreign equivalent.
• Work in an occupation normally requiring a bachelor’s degree.
• Meet the job requirements in the labor certification or Schedule A application.
• Provide evidence such as academic records or employer letters.

Education and experience cannot be substituted for a bachelor’s degree.

Other Workers

You must:

• Perform unskilled labor that is not temporary or seasonal.
• Have a job requiring less than 2 years of training or experience.
• Meet the labor certification requirements.

Labor Certification

EB-3 petitions usually require a Department of Labor (DOL) approved and signed Form ETA-9089, Permanent Employment Certification.

For labor certification applications filed on or after June 1, 2023 through DOL’s FLAG system, submit an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval.

Schedule A Occupations

Schedule A petitions do not require DOL-approved labor certification.

Current Schedule A groups include:

• Group I: Professional nurses and physical therapists.
• Group II: Persons of exceptional ability in sciences or arts, including college and university teachers, and persons of exceptional ability in performing arts.

A Schedule A petition must include:

• Completed, uncertified Form ETA-9089 and applicable appendices;
• Signed Final Determination; and
• Valid prevailing wage determination tracking number in Form ETA-9089, Section E, Item 1.

Application Process

1. Obtain the required labor certification, unless filing under Schedule A.
2. The U.S. employer files Form I-140, Immigrant Petition for Alien Workers.
3. Include required supporting evidence and filing fees listed in the Form I-140 instructions.
4. If approved, the worker may seek admission as a lawful permanent resident.

Family Members

After Form I-140 approval, your:

• Spouse; and
• Unmarried children under 21

may be eligible to apply with you or after you for admission as lawful permanent residents.

Important Warning: Commercial Vehicle Positions

For jobs requiring operation of a commercial motor vehicle, labor certifications may include an English-language proficiency standard.

Where required, the petitioner generally must submit evidence that the worker meets that standard. Evidence may include:

• Proof of passing a standardized English-language examination; or
• A signed petitioner statement confirming the worker’s required English proficiency.

USCIS generally accepts visas issued after June 15, 2026 for commercial-motor-vehicle positions as proof of English-language proficiency.