Practice Area
EB-3 Skilled Workers
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Frequently Asked Questions
EB-2 requires either an advanced degree (master's or higher) or exceptional ability. EB-3 covers everything below that: skilled workers (2+ years experience), professionals (bachelor's), and other (unskilled) workers. EB-3 typically has longer visa backlogs, especially for India and China.
PERM alone typically takes 6-18 months. After PERM approval, the I-140 takes 6 months (standard) or 15 business days (premium). The final wait depends on the visa bulletin — for most countries 1-3 years; for India EB-3 currently 10+ years; for China EB-3 5+ years.
By DOL rule, the employer MUST pay all PERM-related costs, including attorney fees. For the I-140 and beyond (I-485, biometrics, etc.), the employer may but is not required to pay. Many do as part of the recruitment package.
After your I-485 has been pending for at least 180 days, you can change jobs under AC21 portability — provided the new job is in the same or similar occupational classification as the original PERM. Before 180 days, changing jobs typically restarts the process.
Other Worker covers positions requiring less than 2 years of training or experience (unskilled labor — agricultural, hospitality, certain manufacturing). This sub-category has the longest visa backlog by far and is rarely a fast path. Skilled Worker and Professional are usually the realistic options.
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