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Law Offices of
Shawn Sedaghat

Practice Area

EB-3 Skilled Workers

Written by Shawn S. Sedaghat — California Bar #188763, admitted 1997. Last reviewed: June 2026.

Employer-Sponsored Green Cards for Skilled, Professional, and Unskilled Workers

EB-3 is the third-preference employment-based green card category for three classes of workers: skilled workers (2+ years of training or experience), professionals (bachelor's degree), and other workers (under 2 years of training). EB-3 requires both an employer sponsor and PERM labor certification from the U.S. Department of Labor. The Law Offices of Shawn S. Sedaghat has 30+ years of experience filing EB-3 petitions across industries — healthcare, hospitality, manufacturing, IT, agriculture, and professional services. Call (818) 382-3333 for a free consultation.

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      Overview

      • Employer sponsorship required
      • PERM labor certification from U.S. Department of Labor required
      • Three sub-categories: skilled workers, professionals, other workers
      • Visa availability varies significantly by country and sub-category
      • Path from initial PERM to green card typically 2-5+ years

      Eligibility Requirements

      • Skilled Worker: 2+ years of job training or experience in the offered position
      • Professional: U.S. bachelor's degree (or foreign equivalent) required by the offered position
      • Other Worker: Less than 2 years of training/experience for unskilled labor positions
      • Bona fide full-time, permanent job offer from a U.S. employer
      • Approved PERM labor certification (employer must complete DOL recruitment process)

      Our Process

      Prevailing Wage Determination

      Employer files Form ETA-9141 with DOL to obtain the prevailing wage for the position.

      PERM Recruitment

      Employer conducts mandatory recruitment (newspaper ads, job postings, internal posting) to test the U.S. labor market.

      PERM Filing (Form ETA-9089)

      Once recruitment is complete with no qualified U.S. workers, employer files PERM application with DOL. Typical decision: 6-18 months.

      I-140 Immigrant Petition

      After PERM approval, employer files I-140 with USCIS within 180 days. Premium processing is available.

      I-485 / Consular Processing

      Once visa numbers are current, file I-485 in U.S. or pursue consular processing abroad.

      Document Checklist

      Permanent full-time job offer letter from U.S. employer
      Approved PERM labor certification (ETA-9089)
      Education and training credentials (diplomas, transcripts, with credential evaluation if foreign)
      Employment verification letters proving 2+ years experience (for skilled worker)
      Bachelor's degree documentation (for professional category)
      Employer financial documentation showing ability to pay the offered wage (tax returns, audited financials)
      Passport biographic page and prior visa stamps
      I-485 supporting documents if filing adjustment of status

      Key Benefits

      • Path to permanent residence for any qualified worker, regardless of advanced education
      • Family included (spouse + unmarried children under 21)
      • Concurrent I-485 filing when visa numbers are current
      • Open category for jobs that don't require advanced degrees
      • Eventual citizenship after 5 years of permanent residence

      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.

      Questions About Your Case?

      Every immigration case is unique. Let our experienced attorneys evaluate your specific situation and recommend the best path forward.
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      Contact Us

      Our Locations

      📍Los Angeles Office
      18751 Ventura Blvd #200, Tarzana, CA 91356
      (818) 382-3333

      📍Orange County Office
      300 Spectrum Center Dr, Suite 400, Irvine, CA 92618 (949) 272-1199

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