EB-3: Third Preference Employment Category

This classification includes Professionals, Skilled Workers, and Other Workers.

Professionals: Professionals must possess at least a baccalaureate degree or equivalent foreign degree. Furthermore, the petitioner must demonstrate that such a degree is the normal requirement for entry into a given occupation. This degree cannot be substituted with experience.

Skilled Workers: This classification consists of full-time permanent job positions that require a minimum of two years training and/or work experience. Related post-secondary education may be considered as training.

Other Workers: This classification consists of those individuals in positions that require less than two years of higher education, training, or experience.

Labor Certification/PERM Process:

This process is a means for the above-mentioned categories of foreign nationals to receive a permanent resident card. This is a complex and time-consuming process and requires a number of steps to determine that a) no qualified U.S. workers could be found to fill the position, b) the foreign worker is qualified to fill the position, and c) the employer is able to pay the foreign worker.


The employer looking to hire the foreign worker must demonstrate the following:

  1. A need for the foreign worker's skills and abilities;
  2. Efforts were made to recruit U.S. workers for the position but no qualified workers were found;
  3. That the salary offered for the particular position is in compliance with all USCIS regulations.

The Process

In order to file an immigrant petition on behalf of the foreign worker, the employer must first work with us to complete the following steps:

  1. Complete the recruitment process for U.S. workers for the position;
  2. File a Prevailing Wage Determination with the U.S. Department of Labor;
  3. Register with the Department of Labor-PERM Program Online;
  4. File Form ETA 9089 Labor Certification Application with the U.S. Department of Labor;
  5. File the Employment Based Petition with U.S. Citizenship and Immigration Services.

We will assist with all steps in this process and provide guidance on wage requirements, the recruitment process, and helpful supporting documentation.