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  • EB-3 – Skilled Workers, Professionals, and Other Workers

    The EB-3 immigrant visa allows qualified foreign nationals to obtain U.S. permanent residency based on employment. This category includes skilled workers, professionals, and other (unskilled) workers, each requiring a full-time, permanent job offer and labor certification (PERM) from the U.S. Department of Labor (DOL).

    Sub-Categories and Eligibility

    1. Skilled Workers

    •       Must have at least two years of job experience or training(not temporary or seasonal).
    •       Must meet all educational or professional requirements stated in the labor certification.
    •       Relevant post-secondary education may count as training.
      Examples:technicians, electricians, plumbers, machinists, chefs, healthcare or construction supervisors.

    2. Professionals

    •       Must hold at least a U.S. bachelor’s degree (or foreign equivalent)in a field related to the offered position.
    •       The occupation must normally require a bachelor’s degree for entry.
    •       Experience or education cannot substitute for the bachelor’s degree.
      Examples:engineers, accountants, teachers, architects, analysts, IT specialists, healthcare administrators.

    3. Other Workers (Unskilled Labor)

    •       Positions that require less than two years of training or experience, and are not temporary or seasonal.
    •       Must meet any job-specific requirements listed on the labor certification.
      Examples:caregivers, housekeeping staff, farm or factory workers, janitors, food-service and hospitality staff, warehouse workers.

    Labor Certification (PERM)

    •       Most EB-3 petitions require an approved and signed Form ETA-9089(Application for Permanent Employment Certification) issued by the Department of Labor.
    •       For applications filed after June 1, 2023, DOL uses the Foreign Labor Application Gateway (FLAG) system.
    •       Certain occupations under Schedule A(such as registered nursesand physical therapists) are pre-certified, meaning no DOL approval is needed; these petitions must still include an uncertified ETA-9089 and a prevailing wage determination.

    Immigrant Petition Process

    1.     Employer files Form I-140 (Immigrant Petition for Alien Worker)with USCIS.
    2.     The petition must include the approved labor certification and evidence that the worker meets all educational and professional requirements.
    3.     Once approved and the priority date is current, the applicant may file Form I-485 (Adjustment of Status)in the U.S. or complete consular processingabroad.

    Family Members

    If the I-140 petition is approved, the applicant’s spouse and unmarried children under 21 may also apply for permanent residency as derivative beneficiaries.

    How We Can Help

    The Law Offices of Metin Serbest represents both employers and employees in the full EB-3 process:

    •       PERM labor certification preparation and compliance,
    •       I-140 petition drafting and submission,
    •       Adjustment of Status or consular processing,
    •       Advisory for Schedule A healthcare and professional occupations.

    Our team ensures full regulatory compliance, efficiency, and strategic case presentation—guiding every client toward a successful transition to U.S. permanent residency.

    Schedule a Consultation
    Contact the Law Offices of Metin Serbest to assess your EB-3 eligibility and navigate the PERM and I-140 process. We can help with documentation, filing, and supporting your adjustment of status or consular processing to help you pursue permanent residency.