The EB-3 employment-based green card category remains one of the most accessible pathways for skilled and unskilled workers from Latin America seeking permanent residence in the United States. This comprehensive guide explains how the EB-3 category works, current processing times, eligibility requirements, and what has changed in 2026.
What is an EB-3 Green Card?
The EB-3 employment-based green card is designed for workers whose employers sponsor them for permanent U.S. residence. There are two subcategories: EB-3 Skilled Workers (positions requiring at least two years of experience or training) and EB-3 Unskilled Workers (positions requiring less than two years of experience). Unlike H-1B visas that are temporary, an EB-3 green card grants you lawful permanent resident status, allowing you to work for any employer, live anywhere in the United States, and eventually apply for citizenship.
EB-3 Processing Timeline and Current Backlogs
As of April 2026, EB-3 processing times vary significantly by country of origin. For beneficiaries from Mexico and the Philippines, visa availability remains limited due to per-country caps (7% of all employment-based visas). Processing from initial labor certification to green card approval typically takes 3-6 years on average, though for certain countries it can extend 8-10 years. The State Department Visa Bulletin updates monthly, and applicants should monitor it closely to understand their current priority date status.
The EB-3 Application Process: Step-by-Step
1. Labor Certification (Form PERM)
Your employer must file a PERM labor certification with the Department of Labor. This process includes recruitment efforts to demonstrate that no qualified U.S. workers are available for the position. This step alone can take 6-12 months.
2. Immigrant Petition (Form I-140)
Once labor certification is approved, your employer files Form I-140 with USCIS. This petition confirms that your employer is willing and able to hire you and pay the prevailing wage. Processing typically takes 4-6 months.
3. Adjustment of Status or Consular Processing
Once your priority date becomes current (when a visa number is available), you can adjust status if in the U.S., or pursue consular processing at a U.S. embassy abroad. Medical examinations, background checks, and interviews are required. Once approved, you receive your green card and become a lawful permanent resident.
Key Eligibility Requirements for EB-3
| Requirement | Details |
| Work Experience | EB-3 Skilled: 2+ years of work experience or training. EB-3 Unskilled: Less than 2 years required. |
| Job Offer | Must have a permanent, full-time job offer from a U.S. employer willing to sponsor you. |
| Health & Background | Pass medical examination and security/background checks. |
Frequently Asked Questions
What is the current visa bulletin priority date for EB-3?
Visa availability for EB-3 varies monthly and depends on your country of birth. Check the State Department’s Visa Bulletin each month for updates on your category and priority date eligibility.
Can I change employers while my EB-3 is pending?
Generally, no. Your EB-3 petition is tied to the specific job and employer. Changing employers typically requires filing a new labor certification and I-140. However, after your I-140 is approved for more than 180 days, you may have some portability options under ACWIA. Consult an immigration attorney before making changes.
How much does an EB-3 green card cost?
Costs include government filing fees ($715 for I-140, plus adjustment of status fees around $1,140), prevailing wage requirements, and legal fees. Employers typically cover most costs, though some require employees to contribute to legal fees.
What happens to my family in an EB-3 application?
Your spouse and unmarried children under 21 can derive benefits from your EB-3 green card and immigrate as your dependents, receiving their own green cards at the same time you do.
What is the difference between EB-3 Skilled and EB-3 Unskilled?
EB-3 Skilled requires a minimum of 2 years of specialized experience or training. EB-3 Unskilled is for positions requiring less than 2 years of experience and has slightly longer processing times due to higher demand and backlogs.
Call us to schedule an appointment with an immigration attorney to understand how the EB-3 green card process works and how it may apply to your specific circumstances
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult with a qualified immigration attorney to understand how H-1B visa requirements apply to your specific situation.