EB-3 Visa Attorney in Chicago

EB-3 Categories Depend on the Job’s Requirements

EB-3 is the employment-based third-preference category for skilled workers, professionals, and other workers. Every subcategory requires a permanent, full-time job offer from an employer in the United States, but the position’s minimum requirements determine which classification may apply.

The three EB-3 classifications are:

• Skilled workers: The position must require at least two years of training or work experience and can’t be temporary or seasonal. Relevant post-secondary education can satisfy the training requirement.
• Professionals: The position must require at least a U.S. bachelor’s degree or its foreign equivalent. Education or experience can’t replace the degree when that degree is required for the job.
• Other workers: The position requires less than two years of training or experience and can’t be temporary or seasonal. This subcategory is limited to no more than 10,000 EB-3 visas each year.

The job and the worker’s qualifications also influence whether EB-2 or EB-3 is the appropriate category. The preference classification isn’t selected solely because one category appears more favorable at a particular moment. It must fit the position’s requirements and the worker’s credentials.

How PERM & Schedule a Differ

An EB-3 case generally requires labor certification from the Department of Labor before an immigrant visa can be issued. The standard PERM process tests whether qualified workers in the United States are available for the permanent position under the required conditions.

Common PERM stages include:

• Prevailing wage request: The employer requests the wage determination applicable to the position and work location.
• Test recruitment: The employer completes the required recruitment activity and documents the results.
• Form ETA-9089: The employer submits the permanent employment certification application to the Department of Labor.

Certain Schedule A occupations follow a different certification route and can bypass PERM recruitment. This exception doesn’t eliminate the required immigration filings.

Schedule A includes two relevant groups:

• Group I: Professional nurses and physical therapists.
• Group II: People of exceptional ability in the sciences, arts, or performing arts, including qualifying college and university teachers.

From Form I-140 to Permanent Residence

After PERM approval, the sponsoring employer files Form I-140, Immigrant Petition for Alien Workers. This petition presents the sponsored role, the approved labor certification, and evidence of the worker’s qualifications for the classified job.

Adjustment of Status
A worker completing the permanent residence process in the United States may pursue adjustment of status after the petition stage and when an immigrant visa is available.

Consular Processing
A worker completing the process abroad may pursue an immigrant visa through consular processing after petition approval and subject to visa availability.

A worker’s spouse and unmarried children under age 21 may obtain derivative status through the EB-3 process. Their applications remain connected to the principal worker’s case, although each family member must complete the applicable immigration requirements.

EB-3 timing and visa availability depend in part on the worker’s country of birth and the applicable employment-based category. Availability can change monthly, so a filing strategy should reflect current visa allocation rules rather than a fixed processing estimate. As an EB-3 visa lawyer serving Chicago employers and workers, we explain these variables in the context of the specific sponsorship case.