If you are a foreign national hoping to build a permanent life and career in the United States, the EB-3 green card is one of the most established and reliable pathways available. At Stelmakh & Associates, our New York immigration attorneys work closely with both employees and employers to navigate every stage of the EB-3 process — from initial eligibility analysis through PERM labor certification, I-140 petition, and final green card issuance.
New York is one of the most competitive labor markets in the world, and it attracts international talent across virtually every industry. Whether you are a physician, engineer, accountant, skilled tradesperson, or other qualified worker, understanding how the EB-3 category works — and having the right legal team in your corner — can make all the difference.
What Is the EB-3 Visa Category?
The EB-3 is an employment-based immigrant visa category that leads directly to a U.S. green card. It is sponsored by a U.S. employer and is divided into three distinct subcategories based on the type of work and the qualifications of the foreign national.
EB-3 Subcategory Breakdown
- Professionals (EB-3A): Workers who hold a U.S. bachelor’s degree or a foreign equivalent, and whose job normally requires that level of education. Examples include accountants, teachers, engineers, and healthcare administrators.
- Skilled Workers (EB-3B): Workers filling positions that require at least two years of training or work experience. This includes roles in construction, manufacturing, technology support, and skilled trades.
- Unskilled Workers / Other Workers (EB-3C): Workers in positions that require less than two years of training or experience, such as food service, housekeeping, or assembly work.
Each subcategory has distinct documentation requirements, and the visa bulletin priority dates that govern when an application can move forward may differ by subcategory and country of birth. Our attorneys stay current with monthly State Department Visa Bulletin updates to help you plan your timeline strategically.
The PERM Labor Certification: Your First Major Step
In most EB-3 cases, the process begins with PERM labor certification — a mandatory step in which your U.S. employer must prove to the Department of Labor (DOL) that there are no sufficient U.S. workers who are able, willing, qualified, and available for the position you will fill. This is a rigorous process that involves formal recruitment efforts, detailed documentation, and strict filing requirements. Our team has extensive experience handling PERM and EB-2 labor certification matters and applies those same standards to every EB-3 case we handle.
What the PERM Process Involves
- Drafting a precise job description that reflects the genuine minimum requirements for the position
- Obtaining a Prevailing Wage Determination (PWD) from the Department of Labor
- Conducting required recruitment steps including print advertising, job board postings, and internal notices
- Documenting recruitment results and lawful rejection reasons for U.S. applicants
- Preparing and filing the ETA Form 9089 with the Department of Labor
- Responding to any audits or requests for additional information from the DOL
The PERM stage alone can take six months to a year or more under normal processing times, and any error in the recruitment record or application can result in denial. Our attorneys build each PERM file carefully from the ground up to avoid preventable pitfalls.
Filing the I-140 Immigrant Petition
Once PERM is approved (or if your case qualifies for a PERM exemption, which is rare at the EB-3 level), your employer files an I-140 Immigrant Petition for Alien Workers with USCIS. This petition formally establishes your eligibility for an immigrant visa under the EB-3 category and, upon approval, locks in your priority date — which is established on the day your PERM application was originally filed with the DOL.
Priority dates are critical in EB-3 cases, particularly for applicants born in high-demand countries like India and China, where backlogs can be significant. Our team tracks these developments closely and advises clients when consular processing versus adjustment of status may be more advantageous based on current visa availability.
Premium Processing for the I-140
USCIS currently offers premium processing for I-140 petitions, which significantly accelerates USCIS review. This option may be worth considering if you are racing against a job offer deadline or need clarity before making major life decisions. We help clients evaluate whether premium processing makes sense given their overall timeline.
How New York Employers Benefit from EB-3 Sponsorship
New York businesses across healthcare, hospitality, construction, finance, education, and professional services regularly turn to the EB-3 program to fill positions they cannot staff domestically. Sponsoring a foreign worker is a significant commitment, but for many employers it is the most practical solution for filling persistent workforce gaps.
Our firm assists corporate clients through the full sponsorship lifecycle. Employers who need broader immigration compliance support — including visa management for multiple employees across departments — may also benefit from our corporate visa support services.
Employer Responsibilities in EB-3 Cases
- Certifying that the offered wage meets or exceeds the prevailing wage for the position and location
- Completing the PERM recruitment process in good faith and maintaining documentation
- Filing the I-140 petition and paying associated government filing fees
- Maintaining the ability to pay the offered wage from the priority date through green card issuance
- Understanding that the green card is tied to the offered position and employer through most of the process
How EB-3 Compares to Other Employment-Based Green Card Categories
The EB-3 is often described as the most accessible employment-based green card because it does not require extraordinary ability, a national interest waiver, or an outstanding research record. However, the PERM labor certification requirement adds time and complexity that higher-preference categories sometimes avoid.
For workers with exceptional credentials, the EB-1A Extraordinary Ability Green Card allows self-petitioning without employer sponsorship and skips the PERM process entirely. The EB-2 National Interest Waiver is another employer-independent option for professionals whose work benefits the United States broadly. And for workers who already hold H-1B status, our team can analyze whether maintaining H-1B visa status while pursuing EB-3 concurrently makes sense.
Our attorneys take a holistic view of each client’s credentials and immigration history before recommending a category. Sometimes the best strategy involves pursuing EB-3 as a reliable fallback while simultaneously building a stronger EB-2 or EB-1 case.
Why Work with an EB-3 Attorney Based in New York?
New York’s immigration landscape is uniquely complex. The city is home to one of the largest concentrations of foreign-born professionals in the country, and USCIS’s New York field office processes a high volume of employment-based applications. Local knowledge matters — from understanding which industries commonly encounter DOL audit scrutiny, to knowing how NYC-specific prevailing wages compare to national averages.
Our New York immigration team also handles a full spectrum of related matters. If you have received a Request for Evidence or Notice of Intent to Deny from USCIS, our RFE and NOID response attorneys in New York can help you mount a strong response and protect your case.
Clients who are also evaluating their options for bringing family members to the United States can consult our team about family preference visa pathways that may run concurrently with an EB-3 case.
Resources to Help You Understand the Process
Our Knowledge Hub contains in-depth articles written by our attorneys on employment-based immigration topics. A few you may find relevant as you evaluate your EB-3 options:
- Understanding the H-1B Visa Process: What Employers and Skilled Workers Need to Know — A useful comparison for workers currently on H-1B status who are transitioning to a green card pathway.
- EB-2 Visa Retrogression in the 2026 Visa Bulletin: Winners, Losers, and Strategies — Priority date retrogression affects EB-3 applicants as well, and this article explains how to think about timing your case.
- Immigration Attorneys’ Update on Consular Processing Delays — Relevant for EB-3 applicants who are outside the United States and will need to complete the green card process through a U.S. consulate abroad.
- May Visa Bulletin Alert! — Understand how monthly Visa Bulletin updates affect when EB-3 applicants can move their case forward.
Frequently Asked Questions About the EB-3 Green Card in New York
What is the difference between EB-3 Professionals and EB-3 Skilled Workers?
The EB-3 Professional subcategory requires a U.S. bachelor’s degree or its foreign equivalent as a minimum qualification for the offered position. The Skilled Worker subcategory is for positions that require at least two years of training or experience but do not necessarily require a four-year degree. While the employer’s minimum job requirements on the PERM drive which subcategory applies, the individual worker must also fully possess those specific qualifications. For example, to qualify as an EB-3 Professional, the worker must actually hold the required U.S. bachelor’s degree or its single-source foreign equivalent; work experience cannot be substituted for the degree in this subcategory.
Does the EB-3 require employer sponsorship?
Yes. Unlike some other employment-based categories such as the EB-1A or EB-2 NIW, the EB-3 requires a U.S. employer to sponsor the petition. The employer files the PERM labor certification and the I-140 petition on the worker’s behalf. Workers cannot self-petition under the EB-3.
How long does the EB-3 process take in New York?
Total timelines vary considerably depending on the applicant’s country of birth, the specific subcategory, USCIS processing times, and visa availability in the monthly Visa Bulletin. For most applicants from countries with current priority dates, the process from PERM filing through green card approval can take anywhere from one to three years. Applicants from India or China in the EB-3 category may face longer backlogs due to per-country annual limits.
Can I change employers after the I-140 is approved?
Under the portability rules of the American Competitiveness in the 21st Century Act (AC21), you may be able to change to a same or similar occupation after your I-140 has been approved and your adjustment of status application has been pending for at least 180 days. This is a nuanced area of law and we recommend speaking with an attorney before making any job changes during a pending green card case.
What happens if my employer goes out of business during the process?
If an employer closes or withdraws sponsorship before the green card is issued, the situation depends on where you are in the process. An approved I-140 may be preserved under portability rules if adjustment of status has been pending long enough. Our attorneys help clients understand their options and take protective steps when employer circumstances change.
Is PERM always required for EB-3?
In nearly all EB-3 cases, yes. PERM labor certification through the Department of Labor is a mandatory prerequisite for the I-140 filing. There is no self-petition or national interest waiver equivalent within the EB-3 category. This is one of the key structural differences between EB-3 and EB-1A or EB-2 NIW.
Schedule a Consultation with Our New York EB-3 Immigration Team
The EB-3 green card process involves multiple agencies, strict deadlines, and complex documentation requirements that vary by employer, industry, and the applicant’s specific background. Working with experienced immigration counsel from the very beginning reduces risk and keeps your case moving efficiently.
Whether you are an employer looking to sponsor a valued team member or a worker hoping to understand your options, we are here to help. Book a consultation with Stelmakh & Associates today and take the first step toward your New York green card.
Stelmakh & Associates LLC
+1 206-605-0550