EB-3: Employment-Based Immigration (Third Preference)

ByEthan Welbright

This topic may feel a bit different from what we usually discuss, but it is highly relevant to many F-1 students.

Recently, you may have heard stories about someone—or someone they know—getting sponsored for a green card by a business owner, whether it’s a school, restaurant, or company with sufficient financial capacity. In this article, we will refer to the sponsoring business owner as the employer, and the sponsored individual as the foreign worker.

A foreign worker may still be in their home country, or already in the United States maintaining a valid status, such as an F-1 student.

At Welbright, we work closely with students, so we would like to walk you through the overall EB-3 process—from finding an employer to eventually receiving a green card—for those who are already in the U.S. This way, you’ll understand what to expect if an opportunity arises in the future, or if you are actively working toward one.

Most importantly, you must maintain your student status and follow school regulations carefully. EB-3 is not an option if you are not in lawful status in the United States.

What is EB-3?

EB-3 is an employment-based immigrant visa category that allows a foreign worker to become a Lawful Permanent Resident (LPR)—commonly known as a green card holder.

Compared to the E-2 investor visa:

  • EB-3 offers a direct path to permanent residency whereas E-2 does not.
  • Unlike E-2 that you can apply independently on your own, EB-3 requires an employer to sponsor the application.

Who Qualifies for EB-3?

Not everyone qualifies for EB-3. Applicants must fall into one of the following three categories:

1. Skilled Workers: Individuals with relevant skills and typically at least 2 years of work experience related to the job.

2. Professionals: Individuals who hold at least a bachelor’s degree in a field related to the position.

3. Other Workers: Positions that do not require advanced education or specialized skills, such as agricultural or certain service jobs. This category often has longer waiting times.

Main Steps of the EB-3 Process

1. Find an Employer

This is often the most challenging step. Not all employers are able or willing to sponsor:

  • They must demonstrate financial ability
  • They must have a legitimate need for the position

Tips:

  • Build strong professional connections
  • Take advantage of CPT or OPT opportunities
  • Perform well so your employer recognizes your value

2. Request Labor Certification (PERM)

The employer must obtain a labor certification from the Department of Labor (DOL) to prove:

  • No qualified U.S. worker is available for the position
  • The foreign worker is the most suitable candidate

This process involves: job advertisements, recruitment and interviews. It is complex and can take a significant amount of time—often years. If the application is denied, the process must start over. Working with an experienced immigration attorney is highly recommended.

3. File the EB-3 Petition

Once PERM is approved:

  • If you are in the U.S. → you may apply for Adjustment of Status (AOS) with USCIS
  • If you are outside the U.S. → you will go through Consular Processing at a U.S. embassy

Important: PERM approval does not guarantee a green card. USCIS may:

  • Conduct site visits
  • Interview both employer and employee
  • Request additional evidence

You must:

  • Perform the job as described
  • Clearly explain your job duties if asked

4. Become a Legal Permanent Resident (LPR)

If everything is approved, your green card will be mailed to your home address.

Make sure:

  • Your name is clearly displayed on your mailbox
  • You can securely receive important mail

Final Thoughts

EB-3 is a legitimate pathway to a green card, but it requires:

  • The right employer
  • Strong qualifications
  • Time and persistence

For F-1 students, your priority should be:

  • Maintaining your status
  • Performing well academically and professionally
  • Building meaningful connections

Opportunities may not come immediately—but they can be created.

Welbright Is Here to Support You

While you are planning your future or exploring opportunities, Welbright is here to support you every step of the way.

If you are considering transferring schools, or if you have friends or family interested in changing their status, feel free to contact us at 224-698-9698. You can call or text us anytime.