EB-3 Skilled Worker / Professional

Determine EB-3 subcategory: Skilled Worker (2+ years experience), Professional (bachelor's degree), or Other Worker (< 2 years experience). Define minimum job requirements (cannot exceed EB-3 level, otherwise should be EB-2). Assess employer's ability to pay Prevailing Wage.

1-2 weeks

If the position actually requires master's or 5+ years experience, should file EB-2 not EB-3. EB-3 advantage is lower threshold, but backlog may be longer.

Submit PWD request (ETA-9141) to DOL to determine prevailing wage for the occupation in that area. EB-3 positions typically correspond to Level I-II. Current PWD processing time ~6-12 months.

6-12 months

Work with attorney to define minimum job requirements. EB-3 requirements are typically: Skilled Worker (2 years experience), Professional (bachelor's degree), Other Worker (< 2 years experience). Requirements cannot exceed actual job needs or be tailored for the beneficiary.

Follow attorney guidance for recruitment: newspaper ads, SWA Job Order, company website, etc. Genuinely review each resume received, document legitimate reason for rejecting each applicant. Retain all recruitment records for at least 5 years.

Rejection reasons must be legitimate: doesn't meet minimum requirements, no work authorization, salary demands out of range, etc. Cannot reject because "not as good as the beneficiary."

Confirm meeting minimum job requirements: Skilled Worker needs 2+ years relevant experience proof, Professional needs bachelor's degree, Other Worker needs to meet basic position requirements. Collect degree certificates, transcripts (foreign degrees need evaluation), former employer experience letters.

Understand PERM recruitment is a legally required process. Do not participate in or interfere with it. Accurately complete personal information in ETA-9089 (education, experience, current immigration status). Review and sign forms.

After PWD, start recruitment: (1) SWA Job Order 30 days; (2) two Sunday newspaper ads; (3) EB-3 Skilled/Professional need 3 additional steps (employer website, professional journal, etc.); Other Workers don't need additional steps. All recruitment must be completed within 180-day window.

2-3 months

After recruitment + 30-day cooling period, file ETA-9089. File I-140 within 180 days of PERM approval (select EB-3 classification). Provide education/experience proof, employer ability to pay documentation.

Sign ETA-9089, confirming good faith recruitment with no qualified US workers found. Provide ability to pay proof: corporate tax returns (3 years), annual reports/audited financials, bank statements. If small company, must show net income or net assets ≥ offered salary.

If PERM is audited, provide all original recruitment documents within 30 days. Throughout the priority date wait (potentially 4-8 years), keep position available. If company structure changes (merger, layoffs), notify attorney.

During the long priority date wait (EB-3 China-born ~4-6 years), maintain valid nonimmigrant status. Ensure H-1B/L-1 visa stays valid or is timely extended. If visa expiring, assess if H-1B 7th-year extension is needed (based on I-140 approval or PERM filed 365+ days ago).

EB-3 backlog is long. Ensure H-1B can be continuously extended. After I-140 approval, AC21 protection applies (can change jobs 180 days after I-485 filing).

During wait, consider: (1) If obtaining master's degree, can start new EB-2 filing (EB-2/EB-3 downgrade/upgrade strategy using earliest priority date); (2) If eligible, file NIW or EB-1A simultaneously as acceleration strategy; (3) Monitor Visa Bulletin, compare EB-2 and EB-3 priority date movement.

DOL may audit PERM (~30% chance). Must provide all recruitment documentation originals within 30 days: newspaper ad originals/invoices, SWA Job Order confirmation, applicant resumes and screening reasons, recruitment report. If Supervised Recruitment, must re-recruit.

Audit can extend PERM processing to 12-24 months. Ensure all recruitment documents are fully preserved.

Wait for EB-3 priority date (China-born ~4-6 years). When current, file I-485 or consular processing. Consider EB-3 → EB-2 upgrade (if applicant subsequently obtains master's). AC21 portability applies 180+ days after I-140 approval.

When priority date is current, file I-485 + I-765 (EAD) + I-131 (AP). Complete medical exam (I-693) and biometrics. 180 days after filing, AC21 portability allows job change. Wait for adjudication and green card.