If you have a permanent job offer in the Bay Area but don’t qualify for an extraordinary-ability or advanced-degree green card, the EB-3 category is often the clearest path to permanent residency. An EB-3 lawyer in San Francisco helps skilled workers, professionals, and other workers, along with their sponsoring employers, navigate PERM labor certification, Form I-140, and the Visa Bulletin wait so the case is built correctly from day one. Workers currently on an H-1B or similar work visa frequently use EB-3 as their long-term green card strategy, and spouses and unmarried children under 21 can apply alongside the primary applicant.
What Is the EB-3 Visa Category?
The EB-3 visa is the third-preference employment-based immigrant category, created for foreign nationals who have a genuine, permanent job offer from a U.S. employer but do not meet the higher bar required for an EB-1A extraordinary ability green card or an EB-2 advanced degree petition. Under the Immigration and Nationality Act (INA), the EB-3 category is allocated 28.6% of the worldwide employment-based immigrant visas each fiscal year… While the baseline allocation is approximately 40,000 visas, the actual number fluctuates annually based on Department of State adjustments and spillover from previous years.
Unlike the EB-1 or EB-2 self-petition options, EB-3 has no path around employer sponsorship. Your employer must be able to demonstrate, through the PERM process, that hiring you does not displace a qualified U.S. worker and that the company can pay the offered wage for the position going forward. This makes the employer’s participation and record-keeping just as important to the outcome as the applicant’s own qualifications.
Who Qualifies for EB-3?
- Skilled Workers — positions requiring at least two years of training or work experience that are not temporary or seasonal.
- Professionals — positions requiring a U.S. bachelor’s degree (or foreign equivalent) as the standard requirement for entry into the occupation.
- Other Workers — positions requiring less than two years of training or experience, subject to a smaller annual visa allocation.
The EB-3 Green Card Process, Step by Step
- 1. PERM Labor Certification — your employer tests the labor market and files Form ETA-9089 with the Department of Labor to confirm no qualified U.S. worker is available for the role.
- 2. Form I-140 Petition — once PERM is certified, the employer files the Immigrant Petition for Alien Worker with USCIS, along with evidence of the job offer and the ability to pay the offered wage.
- 3. Visa Bulletin Wait — a visa number must become available under the Department of State Visa Bulletin before the final green card step can proceed; wait times vary by country of birth.
- 4. Adjustment of Status or Consular Processing — applicants already in the U.S. file Form I-485, while those abroad complete consular processing to receive their immigrant visa.
EB-3 vs. Other Employment-Based Options
Some professionals qualify for more than one category. If you hold an advanced degree or can show exceptional ability, an EB-2 PERM-based green card may offer a shorter wait, depending on your country of birth. Entrepreneurs and investors exploring alternatives to employer sponsorship sometimes look into investor-based visa options or treaty trader status, while Australian professionals may also qualify for a specialty occupation visa reserved for Australian nationals. An attorney can compare these paths against your background and the current Visa Bulletin before you commit to a strategy. For a deeper look at how backlogs are shifting, see our analysis of current Visa Bulletin retrogression trends.
Why Work With a San Francisco EB-3 Attorney
San Francisco’s Bay Area economy includes major employers across technology, healthcare, hospitality, and skilled trades, each with different recruitment and prevailing wage considerations under PERM. A local attorney who understands how the Department of Labor evaluates San Francisco job postings, and how USCIS adjudicates EB-3 petitions filed from this service area, can help your employer build a stronger, more defensible case from the start. This includes drafting accurate job descriptions, managing recruitment steps correctly, and responding quickly if USCIS issues a Request for Evidence.
Prevailing wage determinations in the Bay Area are often higher than the national average, which can affect how a role is classified and how recruitment is structured. Employers also need to keep detailed records of every recruitment step, since Department of Labor audits can occur well after the PERM filing. Working with counsel who regularly handles San Francisco filings reduces the risk that a technical error, such as an inconsistent job description or a missed recruitment deadline, derails an otherwise qualified case.
Talk to a San Francisco EB-3 Green Card Lawyer
Employment-based green card cases involve strict documentation and filing requirements, and a single missed detail can add months or years to your timeline. The immigration attorneys at Stelmakh & Associates work with skilled workers, professionals, and their sponsoring employers throughout the San Francisco Bay Area to build well-documented EB-3 petitions from PERM through final green card approval. Schedule a consultation to discuss your eligibility and timeline.
Frequently Asked Questions
How long does the EB-3 green card process take?
Timelines vary widely, but applicants should generally expect one to two years for PERM and I-140 approval, plus additional time waiting for visa availability, which can range from under a year to several years depending on country of birth and category demand.
Do I need a job offer to qualify for EB-3?
Yes. Unlike EB-1A, the EB-3 category has no self-petition option. You must have a permanent, full-time job offer from a U.S. employer willing to sponsor your PERM labor certification and I-140 petition.
Can my family come with me on an EB-3 green card?
Yes. Your spouse and unmarried children under 21 may apply for green cards as derivative beneficiaries, either concurrently with your application or after your I-140 is approved.
What is the difference between an EB-3 skilled worker and EB-3 professional?
Skilled worker positions require at least two years of training or experience, while professional positions require a bachelor’s degree as the standard entry requirement for the occupation. Both require PERM labor certification and an employer sponsor.
Can I switch from EB-3 to EB-2 later?
If your qualifications improve, such as completing an advanced degree, it may be possible to file a new EB-2 petition and request that your original EB-3 priority date carry over, which can shorten your overall wait.