What Is the EB-3 Visa? A Plain-English Guide for Employers

Updated October 29, 2026

The EB-3 Visa Process for Employers, Step by Step: Part 1 of 9

The EB-3 visa is a U.S. green card that an employer sponsors so a foreign worker can fill a permanent, full-time job when there aren’t enough local workers for it.

The worker becomes a lawful permanent resident and works for the sponsoring employer, and the process runs through three government agencies in 8 steps.

This guide to the EB-3 visa for employers explains what it is, what it isn’t, and how the whole process works from the employer’s side.

It’s the starting point of a 9-part series, and each step below links to the article that covers it in detail.

Key facts about the EB-3 visa

  • It’s a green card, not a temporary visa. The EB-3 visa gives the worker permanent residence, so there are no yearly renewals or seasonal limits.
  • It’s for entry-level jobs. The Other Workers category covers jobs that need less than 24 months of training or experience, as long as the job isn’t temporary or seasonal (8 CFR 204.5).
  • The number of green cards is limited. The Other Workers category has 10,000 green cards a year (about 150 fewer in fiscal year 2027), which is why workers wait in line for their turn (Visa Bulletin, November 2026).
  • The employer pays the PERM costs. The law doesn’t allow the employer to pass the costs of the labor certification on to the worker (20 CFR 656.12).
  • It’s a multi-year process. The current wait for each step is listed on the EB-3 visa processing times page, updated every week.

What is the EB-3 visa, and which category does EB3.work handle?

The EB-3 visa is the third employment-based green card category, and it’s sponsored by the employer.

“EB” stands for employment-based, and the employer, called the petitioner, files for the worker, called the beneficiary.

The EB-3 visa has three categories: skilled workers, professionals and other workers.

This series covers only Other Workers, the category for jobs that require less than 24 months of training or experience.

It’s the main category EB3.work handles, and it fits roles in food service, housekeeping and cleaning, production and assembly, and warehouse work.

Unlike a temporary work visa, the EB-3 visa doesn’t expire after a season or a few years.

The worker becomes a permanent resident and can live and work in the U.S. long term.

Their spouse and unmarried children under 21 get green cards through the same case as derivative beneficiaries.

Why do employers use the EB-3 visa?

Employers use the EB-3 visa to fill permanent, full-time, year-round jobs that are hard to fill locally.

Each sponsored worker joins as a permanent employee, not a seasonal hire who has to be replaced next year.

Here’s what that means in practice:

  • Permanent workers. Each worker fills a full-time, year-round position, with no seasonal end date.
  • No yearly renewals or seasonal caps. Once the worker has the green card, there’s nothing to renew each season.
  • Workers who arrive committed. Workers go through a multi-year process to take the job, so they arrive knowing the role, the employer and the location.
  • It works alongside local hiring. The employer recruits locally first, and U.S. workers who apply are considered for the job before any foreign worker is sponsored.
  • One process for several openings. An employer can sponsor multiple workers for the same position, with the same job description, wage and worksite.

What is the EB-3 visa not?

The EB-3 visa is a long-term hiring tool with clear rules, so it helps to know what it can’t do before starting.

Here are the five most common misunderstandings.

  1. It’s not a temporary or seasonal visa. Seasonal and temporary jobs use other visas, such as the H-2B visa for non-farm work and the H-2A visa for farm work. The PERM labor certification behind the EB-3 visa covers only permanent, full-time work (20 CFR 656.3).
  2. It’s not a quick fill for this quarter’s openings. The EB-3 visa is a multi-year pipeline. It works best for employers who plan their hiring years ahead.
  3. It’s not a way to pay below market. The employer must offer at least the prevailing wage the Department of Labor sets for the job and worksite.
  4. It’s not a way to skip U.S. workers. The employer must advertise the job locally first, and each qualified U.S. worker who applies fills one of the openings.
  5. It’s not a contract-labor arrangement. The sponsoring company must be the actual employer, with a U.S. location and a federal employer ID number, and a PERM can’t be filed for an independent contractor (20 CFR 656.3).

What are the steps of the EB-3 visa process?

The EB-3 visa process has 8 steps, handled by the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State.

Each step below links to the article in this series that covers it.

  1. The prevailing wage request (Part 2). The employer asks DOL to set the minimum wage for the job and worksite, called the prevailing wage determination.
  2. Local recruitment (Part 3). The employer advertises the job locally through a state job order, two Sunday newspaper ads and an internal notice, to test whether U.S. workers are available, able and willing to perform the job.
  3. Interviews and selection (Part 4). For the openings U.S. workers didn’t fill, the employer interviews pre-screened foreign candidates and chooses who to sponsor through international worker recruitment.
  4. The PERM filing (Part 5). The employer files the PERM labor certification with DOL, and the filing date becomes the worker’s priority date, their place in line.
  5. The I-140 filing (Part 6). After the PERM is certified, the employer files Form I-140 with USCIS and shows its ability to pay the offered wage.
  6. The Visa Bulletin wait (Part 7). The worker waits until their priority date is current in the monthly Visa Bulletin. For most workers, this is the longest part of the process.
  7. Adjustment of status or consular processing (Part 8). A worker in the U.S. finishes through adjustment of status, and a worker abroad finishes through consular processing at a U.S. consulate.
  8. Onboarding (Part 9). The worker starts work with the green card, and the employer completes Form I-9 like it does for every new hire.

Each agency has its own timeline. See the current EB-3 visa processing times for the latest figure for each step.

What is the employer responsible for?

The employer’s main responsibilities are offering a real, permanent job at the prevailing wage and showing it can afford that wage.

Here’s the full list:

  • Pay at least the prevailing wage. The employer offers at least the prevailing wage in recruitment and pays at least that wage once the worker starts. If the state or city minimum wage is higher, the higher rate applies.
  • Show ability to pay. The employer shows USCIS, mainly through its federal tax returns, that it can pay the offered wage from the priority date until the worker gets the green card. An employer sponsoring several workers needs to show it can pay all of them.
  • Offer a real, permanent, full-time job. The job must exist, be year-round and stay open throughout the process.
  • Cooperate with recruitment. The employer approves the job ads, posts the internal notice at the worksite and considers every U.S. worker who applies.
  • Pay the costs the law assigns to the employer. The employer pays the costs of the PERM labor certification, such as the recruitment ads and the attorney fees for the PERM, and can’t pass them on to the worker (20 CFR 656.12).

How much does the EB-3 visa cost the employer with EB3.work?

With EB3.work, the employer pays a flat fee of around $1,500 in total. That covers the PERM attorney fee and the required local recruitment advertising, which are the costs the law requires the employer to pay.

The amount stays the same whether the employer sponsors one worker or many, so it knows the full cost before the process starts.

It’s a modest, predictable cost for filling permanent, full-time positions.

Is the EB-3 visa a good fit for your business?

The EB-3 visa is usually a good fit for employers with steady, year-round hiring needs that local hiring alone hasn’t filled. It may be a good fit if most of these describe your business:

  • You have full-time, year-round roles that need less than 24 months of training or experience.
  • You’ve had trouble filling or keeping those roles with local hires.
  • You plan your hiring at least 24 to 36 months ahead.
  • You can pay at least the prevailing wage for the job, and your tax returns show you can afford it.

The EB3.work Employer Eligibility Calculator estimates how many workers you’re eligible to sponsor, based on your most recently filed tax return, number of employees, the position and its location.

The Prevailing Wage Calculator shows the wage for a job by location.

The ROI Workforce Calculator helps estimate the return on hiring through the EB-3 visa.

For examples by industry, see how the EB-3 visa works for commercial cleaning companies and industrial staffing.

What the employer does at this step

  • Decide which full-time, year-round roles you want to fill through the EB-3 visa.
  • Count how many openings you have for each role.
  • Check your eligibility with the Employer Eligibility Calculator.
  • Check the prevailing wage for the role and location with the Prevailing Wage Calculator.
  • Gather your most recently filed federal tax return.
  • Read Part 2 to see what the first formal step involves.

Frequently asked questions

  1. How long does the EB-3 visa process take?

    The EB-3 visa process takes years, not months, and no one can guarantee a total.

    Each step runs on its own government timeline, and the Visa Bulletin wait depends on the worker’s country of birth and on how the dates move.

    The EB-3 visa processing times page lists the current figure for each step and is updated every week.

  2. How much does the EB-3 visa cost the employer?

    With EB3.work, the employer pays a flat fee of around $1,500 in total. It covers the PERM attorney fee and the required local recruitment advertising.

    The law requires the employer to pay the costs of the PERM labor certification and doesn’t allow it to pass them on to the worker.

  3. Can I sponsor more than one worker for the same job?

    Yes. An employer can sponsor many workers for the same position, with the same job description, wage and worksite.

    For example, an employer with 20 openings that receives applications from two qualified U.S. workers during local recruitment can sponsor 18 foreign workers for the remaining openings, as long as it can show it can pay all of them.

  4. Can the worker bring their family?

    Yes, certain family members (dependents). The worker’s spouse and unmarried children under 21 get green cards through the same case as derivative beneficiaries.

    The wage and ability-to-pay requirements apply only to the sponsored worker, not to family members.

  5. Do I pay the worker during the process?

    No. With EB3.work, the worker starts work for the employer once the green card is approved, and the employer pays at least the prevailing wage from that start date.

    During the process, the employer shows it can afford the wage through its own financial records, mainly its federal tax returns.

  6. What happens if a U.S. worker applies for the job?

    Every U.S. worker who applies during local recruitment is considered in good faith.

    Each qualified U.S. worker who applies fills one of the openings, and the remaining openings can be filled through EB-3 visa sponsorship. Part 3 explains how local recruitment works.

Sources

This article provides general information, not legal advice. EB3.work works with immigration attorneys on every case.