EB-3 PERM Visa: Residency for Skilled Workers Explained

The EB-3 PERM visa carries two key advantages: a path to permanent residency and the ability to sponsor both skilled and unskilled workers.

To get there, though, you must face strict DOL recruitment requirements, prepare detailed USCIS filings, and manage unpredictable timelines. Without expert support, the process could stretch into years, and even result in avoidable visa denials.

With Deel’s support, however, you can build an international workforce without the cycle of temporary work visas or renewals. Deel Immigration is an expert in handling complex visa cases, with a 98%+ approval rate.

Our in-house team of immigration attorneys will handle your application, from confirming employee eligibility to processing their green card and following up with government agencies. You get real-time visibility into every stage, clear action items when needed, and direct access to legal guidance.

This article walks you through everything you need to know about the EB-3 PERM visa process and how Deel supports you at every stage.

What is the EB-3 PERM visa?

The EB-3 PERM visa is a third-preference employment-based immigrant visa issued by USCIS. It allows foreign skilled workers, professionals, and other workers to live and work permanently in the United States. It’s often used by applicants who don’t qualify for the EB-1 or EB-2 visa categories.

To qualify, applicants of the EB-3 PERM visa must have a full-time, permanent job offer from a US employer. The employer must also obtain an approved PERM labor certification from the Department of Labor.

The EB-3 category is allocated roughly 40,000 green cards annually, based on its 28.6% share of the 140,000 employment-based immigrant visas available each fiscal year.

Qualified foreign nationals can obtain lawful permanent residency, and their eligible dependents (spouse and unmarried children under 21) may also apply for permanent residency.

Before fully committing to EB-3 PERM visa processing, have Deel Immigration confirm your employee qualifies. You’ll get a response within 48 hours, including a breakdown of expected costs and timelines.

See also: How to Sponsor Employee Green Cards as a US Company

How does an EB-3 PERM visa compare to other employment-based visas?

Because the EB-3 is a third preference category, it imposes less strict requirements than first (E-B1) and second (E-B2) preference visas. This can sometimes translate into slower processing times.

Unlike the EB-1, EB-3 applicants don’t need to demonstrate extraordinary ability, hold multinational executive roles, or be internationally recognized researchers. And unlike EB-2, they aren’t required to have an advanced degree or prove that their work will benefit the national interest.

The EB-3 visa covers a broad range of roles, including some unskilled workers. That wide scope means many jobs can qualify, provided you secure an approved PERM labor certification.

See also: Guide to Employment-Based Green Cards

How does an EB-3 PERM visa benefit employers and employees?

For employees, the EB-3 visa offers a clear path to permanent residency in the United States. As lawful permanent residents, they can live and work in the US indefinitely, travel more freely, and access benefits such as enrollment in in-state colleges. It also opens the door to future US citizenship.

Their spouse and unmarried children under 21 may qualify for E-21 and E-22 visas. These dependent visas allow children to study in the US and give the spouse the option to apply for work authorization.

As an employer, the EB-3 visa lets you recruit long-term global talent. The eligibility criteria are less strict than other employment-based categories, and the audit process tends to be less burdensome. It’s a practical option for sponsoring skilled professionals or even some unskilled workers for roles that are difficult to fill locally.

While it is easier to get an EB-3 visa than an EB-1 or EB-2, the application process is still highly regulated, from how you advertise the job to how much you pay. Work with experienced immigration attorneys to get it right.

By working with Deel, you gain direct access to our in-house immigration attorneys, eliminating the overhead of hiring a law firm. They review your EB-3 application for compliance with USCIS and DOL regulations and guide you through every legal requirement. Our AI-powered platform includes built-in compliance checks that flag risks early. Together, these efforts create a faster, more accurate path to approval.

Discover how Taktile used Deel to process multiple visas for its employees with minimal effort from the internal team.

Who is eligible for an EB-3 PERM visa?

The applicant may qualify for an EB-3 PERM visa if they fall into one of the following three categories.

Skilled worker

The USCIS defines a skilled worker as one whose job requires at least two years of training or work experience. The position must be permanent and full-time, and it cannot be seasonal or temporary. In some cases, post-secondary education may be accepted as part of the required training.

Professional

A professional is a foreign national who holds at least a US baccalaureate degree or a foreign equivalent. The degree must be in a field related to the job offered and must be a standard requirement for entry into the occupation. For this category, post-secondary education or experience cannot replace a degree.

Other workers

This category covers individuals performing unskilled labor requiring less than two years of training or experience. Like the skilled worker category, the position must be permanent and non-seasonal.

Deel helps you determine which EB-3 category applies based on your job offer and the candidate’s background. Employees can upload their documents directly through our user-friendly dashboard. From there, your dedicated Deel case manager reviews their qualifications, validates eligibility, and works with our legal team to build a strong petition.

See also: Worldwide visa support for dependents

How do you apply for an EB-3 PERM visa?

Application for the EB-3 PERM visa involves the following three main steps:

1. Apply for labor certification

As the sponsoring employer, you must first apply for PERM labor certification from the DOL. File and submit Form ETA 9089, accompanying it with proof that you have:

• Sent the beneficiary a permanent, full-time job offer
• Included a wage offer equal to or greater than the prevailing wage for the role
• Confirmed that there are no qualified and willing US workers to fill the position

The Department of Labor places great emphasis on the third requirement to protect US workers' employment interests.

To meet this criterion:

• Submit a job order to the State Workforce Agency (SWA) and let it remain active for at least 30 days
• Advertise your job offer in a widely circulated newspaper on 2 consecutive Sundays
• Post the job offer at the job site for 10 consecutive business days
• For professional roles, undertake at least three additional recruitment efforts

If no US workers apply or qualify, submit your PERM labor certification application.

2. File Form I-140 (Immigrant Petition for Alien Worker)

Once your labor certification is approved, file Form I-140 with the USCIS. This Form notifies the USCIS that the beneficiary you wish to sponsor is qualified to fill the position and that you can pay the offered wage.

You’ll need to submit:

• A completed Form I-140
• The certified ETA 9089
• Supporting documentation proving the beneficiary’s qualifications
• Financial documents proving your ability to pay the wage

The filing fee for Form I-140 is $715 plus an additional Asylum Program Fee of $600 ($300 if you have fewer than 25 employees). If you opt for premium processing, a fee of $2,805 applies that reduces the processing time to 15 calendar days.

Read the USCIS instructions for more guidance

3. Application for the green card

After USCIS approves your Form I-140 petition, the next step falls to the beneficiary, who must apply for a green card. However, they must first wait for their priority date (their place in line for a green card) to become current, as shown in the monthly Visa Bulletin.

If the beneficiary is outside the US, they can apply through consular processing. The case is forwarded to the National Visa Center (NVC), which collects supporting documents and schedules the consular interview. The beneficiary then completes Form DS-260 and attends the appointment at a US embassy or consulate.

If they are within the US, they should file Form I-485 (Adjustment of Status) with USCIS to transition to permanent residency.

It’s a complex application process. But with Deel Immigration, it’s hands-off. Our team handles everything from organizing documents and filing the PERM and I-140 applications to coordinating consular appointments.

We follow up with the authorities and keep you informed at every step. Through the Deel dashboard, you and your employee can track progress, see what’s next, and view expected timelines in real time.

Discover how TalentQL uses Deel to successfully obtain US visas while the team stays focused on core operations.

See also: Adjustment of Status Vs Consular Processing: Which to Choose?

What is the processing time for an EB-3 visa?

The time it takes to get an EB-3 PERM visa depends on several factors, including the applicant’s country of origin.

The USCIS limits the number of EB-3 visas available to each country. No more than 7% of all employment-based green cards can go to applicants from a single country each year. Countries with more applicants, like China and India, may therefore experience longer wait times.

The duration also depends on how long each stage of the application process takes. Labor certification approval can take 500 days. However, it could be delayed by up to a year if you are audited. It could also take a shorter time if you already have labor certification.

You can expedite the Form-I-140 stage of the EB-3 visa application process. Premium processing cuts the average time from seven-eight months to 15 days. The remaining time depends on whether they are applying from inside or outside the US, and how fast consular processing or adjustment of status moves in their area.

Check the latest visa bulletin to see current wait times.

If you’re applying for an EB-3 visa through Deel, our in-app tracker provides live updates on the progress of your case. Your dedicated case manager adds personalized notes throughout the process, so you always know what’s happening. And if you have questions, you can book a meeting with them in one click right from your dashboard.

See also: Boost Employee Retention with Strategic Global Mobility Programs

Can a beneficiary self-petition for an EB-3 PERM visa?

No. The EB-3 PERM category does not include a self-petition option. The visa application process begins with a US employer, who must offer a full-time job offer and demonstrate that no US workers are qualified for the position.

See also: How to get a US work visa for a foreign worker

Can you improve your chances of getting an EB-3 visa?

While you cannot control whether or not the USCIS approves your application, you can improve your chances of approval. Most EB-3 PERM visa applications stall at the labor certification stage. As an employer, you can avoid an audit by meeting the eligibility criteria for labor certification. You must also file all the necessary documents and meet the prescribed timelines.

Discover how Nomic saved time and avoided costly errors and unnecessary costs by using Deel Immigration for its employees’ visa applications.

See also: Global Mobility for Organizations: Benefits, Challenges, and Solutions

Are there any legal issues associated with the EB-3 PERM visa?

Yes. The DOL prohibits US employers from hiring foreign workers for roles that qualified US workers can fill. That’s why obtaining labor certification is often the most complex stage of the EB-3 visa process.

Once you hire a worker on an EB-3 PERM visa, the DOL may also verify that you’re paying the required prevailing wage. Additionally, employers can be subject to random or targeted audits to ensure continued compliance.

See also: How Deel is reinventing the immigration journey

Fast-track your EB-3 PERM visa application with Deel Immigration

The EB-3 PERM visa helps you expand your team with top international talent, without worrying about visa renewals.

Use Deel for seamless applications.

Our immigration experts handle eligibility checks, prepare visa and labor certification applications, and organize all supporting documentation. They also ensure full compliance with USCIS and DOL regulations.

From the Deel dashboard, you and your employee get real-time visibility into application progress and access support with a single click. All immigration documents are stored in one centralized location, keeping you organized and ready for audits.

Deel also supports other visa types and offers EOR sponsorship in countries where you lack a legal entity or sponsorship licensing.

Book a free consultation to see how Deel can support your global mobility programs.