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EB3

What is EB3?

EB3 (Employment-Based Third Preference) is a formal employer-sponsored green card category under U.S. immigration law, ranking lower in priority than EB2. It is the most accessible employment-based immigration pathway, requiring mandatory U.S. employer sponsorship and approved PERM labor certification, with no self-petition or waiver options. Eligible applicants include bachelor’s degree professionals, skilled workers with specialized experience, and qualified entry-level workers. With stable policies and consistent reviews, EB3 is a reliable green card solution for international students and working professionals. Approved applicants may obtain permanent residency for their spouses and unmarried children under 21 as derivative beneficiaries.

According to official USCIS statutory regulations, EB3 includes three independent subcategories with distinct eligibility criteria and targeted applicant groups, covering candidates with different academic backgrounds and skill levels. The first subcategory, Professionals, is the most popular pathway for Chinese applicants, reserved for positions that mandatorily require a bachelor’s degree or higher, with no experience-based substitution allowed, ideal for international graduates and professional office workers. The second subcategory, Skilled Workers, has no degree requirement and requires a minimum of two years of specialized vocational training or progressive professional experience, suitable for practical technical practitioners. The third subcategory, Other Workers, has no requirements for education, skills or work experience, targeting entry-level permanent positions that can be performed after short-term training. All EB3 subcategories are limited to full-time and permanent positions; part-time, temporary and seasonal roles are not eligible.

EB3 Official Eligibility Requirements

Pursuant to the official federal regulation 8 CFR 204.5, applicants qualify for EB3 by satisfying any one of the three subcategory eligibility standards, together with valid U.S. employer sponsorship and approved PERM labor certification. All requirements are statutory and mandatory with no waiver or substitution exceptions, subject to dual compliance review by the U.S. Department of Labor and USCIS. Professionals: Applicants must hold a U.S. or foreign equivalent bachelor’s degree, and the offered position must legally require a bachelor’s degree as the minimum entry qualification with a matching professional background. Skilled Workers: Applicants must possess no less than two years of specialized training or progressive professional experience for technical positions that cannot be filled through short-term basic training. Other Workers: Applicants must be legally eligible and qualified for entry-level permanent full-time positions that face long-term domestic labor shortages in the United States.

General EB3 Requirements

All EB3 applicants, regardless of subcategory, must comply with universal mandatory requirements, which serve as the fundamental approval prerequisites. First, valid U.S. employer sponsorship is mandatory; self-petition and individual waivers are not permitted under any circumstances. Second, approved PERM labor certification is required, wherein employers complete statutory recruitment procedures, verify the unavailability of qualified U.S. workers, and offer wages that meet local prevailing standards. Third, the offered position must be a genuine, long-term, full-time permanent role with compliant employment terms; fraudulent or nominal job sponsorship is strictly prohibited.

Why choose Lawyer
曾琦(Qi Zeng)

Attorney 曾琦(Qi Zeng) handles H1B, EB‑1, EB‑2, marriage‑based green cards and student‑related immigration. She offers tailored strategies with risk review and careful document preparation. Pragmatic and honest, no overpromises. Client privacy is strictly protected to help students and professionals obtain U.S. immigration status.

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