EB-3 visa

In plain terms: the EB-3 visa is a U.S. green card (permanent residence) that an employer sponsors so a foreign worker can live in the U.S. permanently and work for that employer.

“EB” stands for employment-based, and “3” means it’s the third of the employment-based green card categories. Unlike a temporary work visa, it doesn’t expire after a season or a few years. The worker becomes a lawful permanent resident and can live and work in the U.S. long term.

When the worker starts work depends on where they are when the green card step happens. A worker coming from overseas through consular processing becomes a permanent resident the day they enter the U.S. with their immigrant visa, and can start work for the employer right after arrival. Their passport with the stamped immigrant visa serves as temporary proof of permanent residence for the Form I-9, and their permanent resident card and Social Security card arrive by mail within a few weeks. A worker already in the U.S., for example on a student visa or a temporary work visa with another company, usually already has a Social Security number and can start work for the employer as soon as their permanent residence is approved.

What it means for you: the EB-3 visa is a way to fill permanent, full-time, year-round jobs when there aren’t enough local workers. The process takes several steps across three government agencies: the Department of Labor, U.S. Citizenship and Immigration Services and the State Department.

EB-3 Other Workers

In plain terms: EB-3 Other Workers is the part of the EB-3 visa for jobs that need less than two years of training or experience, often called unskilled or entry-level jobs.

Typical roles include food service, housekeeping and cleaning, production and assembly, and warehouse work. The government issues 10,000 of these green cards each year, which is why there is a waiting period before the worker can receive the green card. The job must be real, permanent and full-time; seasonal and temporary jobs don’t qualify.

Sponsoring multiple workers for the same position

In plain terms: an employer can use the EB-3 visa to sponsor many foreign workers for the same job, not just one.

Each worker has their own case, but all of them can be sponsored for the same position, with the same job description, wage and worksite. The number of workers an employer can sponsor depends on how many openings it has, how many qualified U.S. workers apply during local recruitment, and whether the employer can show it can pay all of the sponsored workers.

What it means for you: an employer with ongoing openings for the same entry-level role can fill many of them through one EB-3 sponsorship effort. 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. The EB3.work Employer Eligibility Calculator estimates how many workers an employer is eligible to sponsor, based on its most recently filed tax return, number of employees, the position it’s hiring for and its location.

Legal authority: Immigration and Nationality Act (INA) section 203(b)(3); 8 CFR 204.5.

Official links: USCIS, Employment-Based Immigration: Third Preference EB-3

Learn more: Part 1, What Is the EB-3 Visa? and Part 3, Local Recruitment.

Glossary