EB-3 Employment-Based Green Card For Foreign Workers

Overview: 

The EB-3 Green Card allows foreign nationals to gain U.S. permanent residency through job offers in skilled, professional, or other worker categories. This category often requires PERM labor certification, where the employer proves no qualified U.S. workers are available. Processing times can vary depending on the applicant’s country of origin and the type of position offered. An experienced EB-3 lawyer can help both workers and employers navigate requirements, avoid delays, and prepare strong petitions.

The EB-3 employment-based green card is one of the most widely used options for foreign nationals seeking permanent residency in the United States. It’s designed for a broad range of workers, from highly trained professionals to those in essential, labor-intensive roles that keep industries moving.

In Houston, EB-3 sponsorship plays a key role in sectors like healthcare, construction, hospitality, and energy. It allows local employers to fill persistent labor shortages while giving qualified foreign workers a pathway to build long-term careers and lives here. For many, the EB-3 is not just a job opportunity; it’s the first step toward establishing roots in the U.S. and securing a stable future for their families.

Navigating The EB-3 Category

The EB-3 Green Card is divided into three subcategories, each with its own eligibility requirements. Knowing where you fit is the first step toward a successful application.

Skilled Workers

These positions require at least two years of training or work experience. The role cannot be seasonal or temporary, and the employer must prove that no qualified U.S. workers are available for the job. Examples include specialized trades, technical roles, or mid-level positions in industries like manufacturing or healthcare.

Professionals

To qualify as a professional, you must hold at least a U.S. bachelor’s degree or the foreign equivalent in a field directly related to the job. The degree must be a normal requirement for entry into the occupation, and relevant experience alone cannot substitute for the degree requirement.

Other Workers

This category covers unskilled labor requiring less than two years of training or experience. These positions are often in industries with persistent labor shortages, such as food processing, hospitality, or certain service sector jobs. Processing times for this group can be longer due to visa demand.

PERM Labor Certification Requirement

Most EB-3 cases require a PERM labor certification before the Green Card process can move forward. This step ensures that hiring a foreign worker will not displace qualified U.S. workers or drive down wages.

The process begins with a prevailing wage determination from the Department of Labor (DOL). This sets the minimum salary the employer must offer for the position, based on the role, skill level, and job location. 

Once the wage is set, the employer must carry out a recruitment and advertising campaign that follows strict DOL guidelines. This typically includes posting the job with the state workforce agency, running ads in newspapers or professional journals, and documenting all recruitment results.

If no qualified U.S. workers are found during this process, the employer can then file the PERM application with the DOL. Only after the DOL certifies the PERM can the employer move on to filing the immigrant petition with USCIS.

Step-By-Step EB-3 Process

Applying for an EB-3 Green Card involves several stages, with both the employer and the worker playing important roles.

1. Employer Obtains Prevailing Wage Determination. The Department of Labor sets the minimum wage for the position based on the job title, duties, and location.
2. Employer Completes Recruitment Under PERM Guidelines. Job ads are placed in approved outlets, and the employer must interview and fairly consider all U.S. applicants.
3. File PERM Application with the DOL. If no qualified U.S. workers are available, the employer files the ETA Form 9089 for labor certification.
4. File the I-140 Immigrant Petition. After PERM approval, the employer submits Form I-140 to USCIS, showing the worker meets all job and EB-3 requirements.
5. Apply for Adjustment of Status or Consular Processing. Once the priority date is current, the worker can file for permanent residency through USCIS if in the U.S., or at a U.S. consulate abroad.

Avoiding Costly Detours In Your EB-3 Journey

Even with a strong job offer, small errors in the EB-3 process can cause months or even years of delay. Understanding these common mistakes and how to avoid them can make the difference between a smooth path and a frustrating restart.

Incomplete Or Inaccurate Job Descriptions

A job description that is too vague or does not match the actual position can lead the Department of Labor to question the recruitment process. Employers must clearly list all duties, requirements, and skills in a way that reflects the real role. Accurate, detailed descriptions help ensure the PERM certification is approved without unnecessary scrutiny.

Missing Recruitment Deadlines

PERM recruitment follows a strict schedule, and each advertisement has a set timeframe in which it must run. Missing even one deadline can invalidate the recruitment effort, forcing the employer to start over. Staying organized and tracking all recruitment dates is essential to keeping the process on track.

Weak Documentation For PERM

Every step of the recruitment process must be documented, from copies of job ads to interview notes and rejection reasons for U.S. applicants. Without complete records, the DOL may issue an audit request, which can add many months to the case. Strong documentation provides a clear, verifiable record of compliance.

Filing Under The Wrong EB-3 Subcategory

Misclassifying a position as skilled, professional, or other worker can cause the petition to be denied or delayed. Each subcategory has its own eligibility requirements and documentation standards. Double-checking the correct category before filing helps avoid costly rework.

Why The Right Legal Partner Makes All The Difference

The EB-3 process is more than just forms and deadlines; it’s a coordinated effort between the employer, the worker, and the government. One small oversight can trigger delays, audits, or denials that set you back months. Having the right legal support means you have someone who understands both the big picture and the fine details that can make or break your case.

A skilled EB-3 attorney can guide employers through each stage of the PERM labor certification, ensuring that recruitment, documentation, and filing requirements are met without error. At a trusted Green Card law firm, your case is organized strategically so every piece of evidence supports the petition’s success.

A permanent residency lawyer also helps workers prepare for the final green card stage, whether that’s Adjustment of Status in the U.S. or Consular Processing abroad. This end-to-end guidance reduces the risk of setbacks and helps keep your timeline moving forward.

Turning An EB-3 Opportunity Into A New Beginning

The EB-3 green card offers foreign workers in Houston a reliable path to building a stable, long-term future in the United States. Whether you’re a professional with a degree, a skilled tradesperson, or someone in an essential unskilled role, this category can open the door to permanent residency. It offers opportunities not only for you but also for your family to build a future in the United States.

Success depends on meeting the detailed requirements, completing the PERM process correctly, and avoiding mistakes that can slow things down. The earlier you start planning, the better positioned you’ll be to navigate each stage without unnecessary delays.

At Houston Immigration Lawyers, we work with both employers and workers to prepare strong, compliant EB-3 cases from start to finish. If you’re ready to explore how the EB-3 category could help you build your future in Houston, contact us today to schedule a confidential consultation.