EB-3 Visa Requirements: The Skilled Worker and Professional Green Card for H-1B and OPT Workers
The EB-3 green card needs a permanent job offer, a PERM certification and a bachelor's degree or two years of experience. Here is how each piece works in October 2026.
Part of our guide to the Visa Bulletin and priority dates.
The EB-3 visa requirements, in short: you need a permanent, full-time job offer from a US employer, a PERM labor certification from the Department of Labor (except for a small set of pre-certified occupations), and you must meet the job's minimum requirements under one of three subgroups. Professionals need a US bachelor's degree or foreign equivalent. Skilled workers need at least two years of training or experience. Other workers fill jobs needing less. The employer must also prove it can pay the offered wage. EB-3 is not a downgrade by default. For some countries in some months it moves faster than EB-2.
Status as of October 14, 2026: The October 2026 Visa Bulletin (the first of fiscal year 2027) is in effect. For October, USCIS says employment-based I-485s must use the Dates for Filing chart. The November 2026 bulletin is not published, so any "November cutoff" you see is a forecast. DOL's suspension of PERM filings for eight named employers is in effect (announced 2026-10-08) and touches PERM only.
What the EB-3 green card is
EB-3 is the third employment-based preference category under INA 203(b)(3). It is an immigrant (permanent) category, so the end result is a green card, not a work visa. It shares the employment-based pool (at least 140,000 numbers for FY2027) with EB-1, EB-2, EB-4 and EB-5, under a per-country limit currently computed at 25,620. That limit is why India and China wait far longer.
USCIS keeps the official definitions on its EB-3 third preference page. Treat it as the source of truth.
EB-3 visa requirements by subcategory
Every EB-3 requirement starts with the job. The PERM application defines the minimum education and experience, and the I-140 proves you met them as of your priority date.
| Subcategory | Minimum you must show | Degree required? | Labor certification | Example roles |
|---|---|---|---|---|
| Professional | US bachelor's or foreign equivalent, and the degree is normally required for the occupation | Yes | PERM required | Software engineer, data analyst, accountant, mechanical engineer |
| Skilled worker | At least 2 years of job training or experience; relevant post-secondary education can count as training | No | PERM required | Technician, lab specialist, some design and production roles |
| Other worker | Less than 2 years of training or experience | No | PERM required | Non-degree roles; separate, smaller sub-limit and its own bulletin line |
| Schedule A (any subgroup) | Same as the subgroup | Depends | Pre-certified occupation; employer skips PERM recruitment and files with USCIS | Registered nurses, physical therapists |
Rules that decide more cases than people expect:
- The job must be permanent and full-time. A role that exists only for one client contract, or is seasonal, does not fit.
- The employer must show ability to pay the offered wage from the priority date onward, through annual reports, federal tax returns or audited financial statements (8 CFR 204.5(g)(2)). Ask your employer's counsel how it plans to document this.
- Experience gained with the sponsoring employer usually cannot count toward the job's minimum requirements unless the earlier role was substantially different. Your two years at the same company in the same job may not help.
- Foreign degrees need an evaluation. A three-year bachelor's is a frequent problem for the professional subgroup; some cases fit the skilled-worker subgroup instead, which your attorney decides from the documents.
The EB-3 process, step by step
The full PERM walkthrough lives in our guide to getting a green card while on H-1B.
- Prevailing wage determination (PWD). The employer files Form ETA-9141 with DOL. As of 2026-09-30, DOL's FLAG system was processing PWD requests filed in June 2026.
- Recruitment. The employer runs mandated advertising and a state workforce agency job order to test the US labor market. Any qualified, able and available US applicant can stop the case. What this looks like inside the company is covered in our post on PERM recruitment and the recruitment report.
- PERM filing (Form ETA-9089). The filing date becomes your priority date, your place in line. As of 2026-10-05, DOL's analyst review was on December 2025 priority dates, an average of 336 calendar days. Audits are also at December 2025.
- Form I-140. The employer files the immigrant petition with USCIS, proving the PERM, your qualifications and its ability to pay. Premium processing is available.
- Wait for your priority date. Compare it with the Visa Bulletin for your country of birth (not citizenship, in most cases).
- I-485 or consular processing. If you are in the US in valid status and your date is current on the chart USCIS designates that month, you file Form I-485 to adjust status. If you are abroad, the case goes to the National Visa Center and a consular interview.
EB-3 visa processing time, as of October 2026
| Stage | Where it stood | Source and date |
|---|---|---|
| Prevailing wage (ETA-9141) | Working June 2026 requests | DOL FLAG, as of 2026-09-30 |
| PERM analyst review (ETA-9089) | December 2025 priority dates; average 336 days | DOL FLAG, as of 2026-10-05 |
| I-140, EB-3 skilled, regular | About 4 months at the 80th percentile [reported by an aggregator, ~Sept 2026] | Confirm on the USCIS processing times tool |
| Visa Bulletin wait | From months (Rest of World) to many years (India) | See the cutoff table below |
For the DOL stages, the live page is flag.dol.gov/processingtimes, and the program overview sits on DOL's Office of Foreign Labor Certification page.
Fees you will see (G-1055 edition 10/07/26)
The I-140 fee is $715 on paper or $665 online, plus an Asylum Program Fee of $600 (regular employer), $300 (small employer) or $0 (nonprofit). Premium processing for the I-140 is $2,965. The I-485 is $1,440 on paper or $1,390 online. Employers pay the PERM-stage costs; who pays the I-140 is something to clarify with your employer and its counsel. The official list is the USCIS fee schedule (Form G-1055).
October 2026 EB-3 cutoffs (Visa Bulletin)
These are the October 2026 numbers. Confirm them on the Visa Bulletin at travel.state.gov and check which chart applies on the USCIS adjustment filing charts page.
| EB-3 (professional and skilled) | Final Action Date | Dates for Filing |
|---|---|---|
| India | 2014-01-01 (unchanged) | 2015-01-15 |
| China (mainland born) | 2022-01-08 | 2024-04-01 |
| Rest of World | 2024-05-15 (retrogressed from 2024-09-01) | 2024-08-01 |
| Philippines | 2023-08-15 | Check the bulletin |
EB-3 Other Workers has its own line. Sources disagreed on its October Dates for Filing, so read it directly from the bulletin.
What changed going into October
| Item | Before | Now (October 2026) | What it means for you |
|---|---|---|---|
| EB-3 Rest of World FAD | 2024-09-01 | 2024-05-15 | A priority date that was current in September may not be current now |
| EB-3 China FAD | 2022-01-01 | 2022-01-08 | A one-week advance |
| USCIS chart for EB I-485s | Final Action Dates for the summer months | Dates for Filing for October | More people can file an I-485, but approval still waits on the Final Action Date |
| Form I-485 edition | 01/20/25 and 09/04/26 editions | Only the 09/18/26 edition, since 2026-09-18 | Old editions are rejected, with no grace period |
| I-485 filing location | Prior address | Changed 2026-10-07 | The old location is accepted if postmarked by 2026-11-09; check uscis.gov/i-485 |
| Public charge rule | 2022 rule | New final rule in effect since 2026-09-18, challenged in court with no injunction | Applies to I-485s filed on or after that date |
EB-3 vs EB-2: is EB-3 really slower?
The labels say EB-2 is "higher." The October 2026 bulletin says it depends:
- India: EB-3 FAD 2014-01-01 vs EB-2 FAD 2013-11-01. EB-3 is two months ahead. Dates for Filing are identical at 2015-01-15.
- China: EB-3 FAD 2022-01-08 vs EB-2 2021-10-01, and EB-3 Dates for Filing (2024-04-01) are well ahead of EB-2 (2023-01-01).
- Rest of World: EB-2 FAD 2025-01-01 is ahead of EB-3 2024-05-15, and EB-2 Dates for Filing (2026-03-15) are far ahead.
Because the gap flips, some employers file a second, EB-3 I-140 for a worker with an approved EB-2 I-140, keeping the priority date. Whether that fits your case is a question for your attorney. The mechanics are in our EB-3 downgrade explainer for India and China, and the full side-by-side is in EB-2 vs EB-3: which green card category is faster.
EB-3 vs H-1B: two different tools
They are not competitors. Most sponsored workers hold H-1B while the EB-3 case runs.
| H-1B | EB-3 | |
|---|---|---|
| Type | Temporary work status | Permanent residence |
| Lottery | Yes, for cap-subject employers (wage-weighted selection in effect since 2026-02-27) | No lottery; a queue by priority date |
| Degree | Specialty occupation, bachelor's in a specific specialty | Professional needs a degree; skilled worker can rely on 2 years of experience |
| Limit | 6 years, with extensions beyond that tied to a pending or approved green card case | No time limit; ends in a green card |
| Employer tie | Tied to the petitioning employer; a new employer files its own petition | Tied to the sponsoring job until the I-485 has been pending long enough to port under AC21 |
Two connections matter. First, if your H-1B six years run out, AC21 section 106(a) can support one-year extensions when a PERM or I-140 was filed at least 365 days earlier, and an approved I-140 can support three-year section 104(c) extensions when your country is backlogged. Second, the $100,000 H-1B fee is not part of EB-3. Proclamation 11069 extended that restriction to 2027-09-21, but the fee is blocked by two courts (California v. Mullin, Global Nurse Force v. Trump) and is not being collected.
If you are on OPT or STEM OPT
An employer can start PERM while you are on OPT or STEM OPT. But F-1 is not a dual-intent status, so a pending PERM or I-140 can come up when you renew a visa or re-enter. Our post on PERM and I-140 while on OPT explains how. Before travel, ask an immigration attorney about immigrant intent and your DSO about your SEVIS record. And do not travel while an OPT or STEM OPT I-765 is pending.
Special case: your employer is on DOL's suspension list
On 2026-10-08, DOL announced it will not accept new, or process pending, PERM applications involving Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini. This is in effect, applies to PERM only (H-1B status and petitions are untouched), and has no stated end date. Practitioners note that an approved I-140 is not automatically revoked; the exposure is for workers who need a new PERM to support extensions beyond six years. Ask your company's immigration counsel what it means for you.
Common mistakes
- Treating the Dates for Filing chart as approval. A pending I-485 lets you apply for an EAD and advance parole, but the green card cannot be approved until your Final Action Date is current.
- Counting experience from the same job at the same employer. It usually does not qualify toward the PERM minimums.
- Assuming a three-year degree equals a US bachelor's. Get the evaluation done before the PERM is drafted, not after.
- Reading a November cutoff on social media as fact. The November 2026 bulletin had not been published as of this update.
- Quitting too early. Leaving before the I-485 has been pending long enough to port can restart the process. If you are laid off, today's 60-day worker grace period still applies. A DHS proposal to eliminate it is proposed only, with comments closing 2026-11-10.
Frequently asked questions
What are the basic EB-3 visa requirements?
You need a permanent, full-time job offer from a US employer, an approved PERM labor certification for that job in most cases, and proof that you meet the job's requirements. Professionals need a US bachelor's degree or a foreign equivalent, skilled workers need at least two years of training or experience, and the employer must show it can pay the offered wage.
How long does the EB-3 process take in 2026?
There are three clocks. DOL was processing prevailing wage requests filed in June 2026 as of September 30, 2026, and PERM analyst review averaged 336 days as of October 5, 2026. EB-3 skilled I-140s were reportedly running about 4 months at the 80th percentile. Then you wait for your priority date to be current in the Visa Bulletin, which for India can take many years.
Is EB-3 faster than EB-2?
It depends on your country of birth and the month. In the October 2026 Visa Bulletin, EB-3 Final Action Dates were slightly ahead of EB-2 for India and China, while EB-2 was ahead for the rest of the world. Check travel.state.gov each month.
Can I start an EB-3 green card while on OPT?
An employer can begin PERM for a worker on OPT or STEM OPT, and many do. F-1 is not a dual-intent status, so travel and visa renewal while an immigrant petition is pending deserve a conversation with an immigration attorney. Anything touching your SEVIS record goes to your DSO.
This post explains how EB-3 works. It is not legal advice, and your own notices govern over anything published here.
A green card case runs on your employer's timeline, so the job you take on OPT or H-1B matters. If you want help finding US employers with a track record of sponsoring, talk to F1Jobs.
Frequently asked questions
What are the basic EB-3 visa requirements
You need a permanent, full-time job offer from a US employer, an approved PERM labor certification for that job in most cases, and proof that you meet the job's requirements. Professionals need a US bachelor's degree or a foreign equivalent, skilled workers need at least two years of training or experience, and the employer must show it can pay the offered wage.
How long does the EB-3 process take in 2026
There are three clocks. DOL was processing prevailing wage requests filed in June 2026 as of September 30, 2026, and PERM analyst review averaged 336 days as of October 5, 2026. EB-3 skilled I-140s were reportedly running about 4 months at the 80th percentile, and then you wait for your priority date to be current in the Visa Bulletin, which for India can take many years.
Is EB-3 faster than EB-2
It depends on your country of birth and the month. In the October 2026 Visa Bulletin, EB-3 Final Action Dates were slightly ahead of EB-2 for India and China, while EB-2 was ahead for the rest of the world. The comparison changes from bulletin to bulletin, so check travel.state.gov each month.
Can I start an EB-3 green card while on OPT
An employer can begin PERM for a worker who is on OPT or STEM OPT, and many do. F-1 is not a dual-intent status, so travel and visa renewal while an immigrant petition is pending deserve a conversation with an immigration attorney, and anything touching your SEVIS record goes to your DSO.