Employment-Based Third Preference

EB-3 Unskilled Workers (Other Workers)

You may be eligible for this immigrant visa preference category if you are an other worker (also called unskilled worker). Other workers are persons capable of performing unskilled labor whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other workers must also meet any educational, training, or experience requirements of the job opportunity.

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01

Eligibility Requirements

02

Regulatory Criteria

Unskilled Labor Requirement

The labor certification must require less than 2 years training or experience. You must demonstrate that you have met any requirements specified on the labor certification.

Examples
  • Evidence of meeting job requirements specified on labor certification
  • Documentation of any training or experience you possess
  • Work history relevant to the position

Job Requirements

You must demonstrate that you have met any requirements specified on the labor certification. This evidence may include documentation of your qualifications and work history.

Examples
  • Letters from employers documenting relevant experience
  • Evidence of any training programs completed
  • Documentation showing ability to perform the job duties
03

Application Process

Job Offer

Obtain permanent, full-time job offer from U.S. employer.

Prevailing Wage

Employer requests prevailing wage determination from DOL for the position.

Recruitment

Employer conducts required recruitment to test the U.S. labor market.

PERM Filing

Employer files ETA-9089 with Department of Labor (or via FLAG system for applications after June 1, 2023).

PERM Approval

DOL reviews and approves the labor certification (Final Determination).

I-140 Filing

Employer files Form I-140, Immigrant Petition for Alien Workers.

I-140 Approval

USCIS adjudicates the immigrant petition.

Green Card

When priority date is current, file for Adjustment of Status or Consular Processing.

04

Key Benefits

Path to permanent residency through employment
Spouse and unmarried children under 21 may apply for admission as lawful permanent residents
Premium Processing available for I-140 petition
Clear employer-sponsored pathway to Green Card
No minimum education requirement
05

Documents Needed

06

Frequently Asked Questions

What qualifies as 'unskilled labor'?
Unskilled labor is work that requires less than 2 years of training or experience, not of a temporary or seasonal nature. These positions are also called 'other worker' positions.
What is the difference between skilled and unskilled workers?
Skilled workers are persons whose job requires at least 2 years training or experience, not of a temporary or seasonal nature. Other workers (unskilled workers) are persons whose job requires less than 2 years training or experience.
Is there longer wait time for unskilled workers?
The EB-3 Other Workers (unskilled) category historically has longer wait times due to annual visa number limitations. Wait times vary significantly by country of birth.
Can I bring my family?
Yes. If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply with or after you for admission to the United States as lawful permanent residents based on your approval.
07

Fees

Attorney Fee for PERM$6,000 (Initial $2,000; then $500/month)
PERM Advertisement Fee (location-dependent)$500-$5,000
I-140 Attorney Fee$1,800
I-140 USCIS Fee$715
Premium Processing (optional)$2,805
Asylum Program$600/$300/$0

Fees are estimates and may change. Contact us for a quote for your specific case.

Need help with your immigration case?

Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.

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For informational purposes only — not legal advice · Consult an attorney for your specific situation.