EB-3 Visa: Is It Still Realistic Under Trump?Visa EB-3: ¿Todavía Es Realista Bajo Trump?

EB-3 is an employment-based immigrant visa that leads to a green card. It has three subcategories:

• Skilled Workers: Jobs requiring 2+ years of training/experience. Examples: electricians, chefs, mechanics, IT support specialists.
• Professionals: Jobs requiring a U.S. bachelor's degree or foreign equivalent. Examples: accountants, engineers, teachers, nurses.
• Other Workers (Unskilled): Jobs requiring less than 2 years of training. Examples: housekeepers, food processing, landscaping, poultry processing.

All three require employer sponsorship and PERM labor certification (except Schedule A occupations).

No. EB-3 requires employer sponsorship.

Unlike EB-1A (extraordinary ability) or EB-2 NIW (national interest waiver), EB-3 is strictly employer-sponsored. The employer must:

• Obtain a prevailing wage determination
• Conduct recruitment to prove no U.S. workers available
• File PERM labor certification
• File I-140 petition and prove ability to pay

If you want a self-petition route, consider EB-1A (extraordinary ability) or EB-2 NIW instead.

Strategy tip: Some Indians file EB-2 first, then "downgrade" to EB-3 if the EB-3 line moves faster. You can maintain multiple petitions.

The employer must prove they can pay the offered wage from the priority date onward.

USCIS evaluates ability to pay using one of these methods:

• Net income: Annual net income equals or exceeds the proffered wage
• Net assets: Net current assets equal or exceed the proffered wage
• Currently paying: Already paying the beneficiary the proffered wage

Smaller employers often face more scrutiny. If the company can't show ability to pay, the I-140 will be denied.

It depends on your country of birth and urgency.

For Indians, the 12+ year wait makes EB-3 a long-term strategy at best. Many Indians are exploring EB-1 (extraordinary ability), EB-2 NIW (national interest waiver), or EB-5 investor routes instead.

For ROW (rest of world) applicants, EB-3 remains viable with ~3 year waits. The 75-country pause adds uncertainty for some countries, but if you're in the U.S. on a valid status, you can file I-485 (adjustment of status) regardless.

Key factors to consider:

• Current visa status and expiration
• Employer's commitment to the multi-year process
• Ability to maintain status during the wait
• Alternative pathways (EB-2, EB-1, marriage, etc.)

The pause affects CONSULAR PROCESSING only.

If you're on the 75-country list (includes Nepal, Pakistan, and many African nations):

• Outside U.S.: Your immigrant visa interview is indefinitely postponed
• Inside U.S.: You can still file I-485 (adjustment of status) if otherwise eligible

Countries NOT affected (top EB-3 sources): Philippines, Mexico, Vietnam, India, China, Kenya, Zimbabwe, South Korea

The pause is based on a "public charge" rationale under INA 212(a)(4). Legal challenges are ongoing.

As of January 2026, core PERM requirements remain unchanged.

However, several trends are affecting EB-3 processing:

• Increased audits: DOL is conducting more PERM audits, especially for certain industries
• Stricter wage scrutiny: More focus on whether offered wages match prevailing wages
• Processing delays: Agency slowdowns due to staffing changes
• RFE increase: More Requests for Evidence on I-140 petitions

The fundamentals haven't changed, but expect longer timelines and more documentation requests.

Yes, but there are protections.

USCIS can revoke an I-140 if:

• Fraud or misrepresentation is discovered
• The employer withdraws the petition (but see AC21 below)
• The employer goes out of business
• USCIS made an error in approval

AC21 protection: If your I-140 has been approved for 180+ days AND your I-485 has been pending 180+ days, your priority date is preserved even if the employer withdraws or goes out of business.

It depends on where you are in the process:

Before I-140 approval: The case is typically abandoned. You'd need to start over with a new employer.

After I-140 approval (180+ days): Under AC21 portability, you can "port" to a new employer in a same or similar occupation. Your priority date is preserved.

Key protection tips:

• Request a copy of your approved I-140
• Keep documentation of your employment
• Consider filing I-485 as soon as eligible (this gives you EAD/AP flexibility)
• Build relationships with backup employers in your field

Yes, but timing matters.

Before I-140 filing: If you leave, the PERM and I-140 are abandoned. Start over with new employer.

After I-140 approval + I-485 pending 180+ days: You can "port" to a new employer under AC21:

• New job must be in "same or similar" occupation
• You keep your original priority date
• No need to restart PERM with new employer
• File H-1B transfer or use EAD for work authorization

Tip: "Same or similar" is interpreted broadly. A software engineer can usually port to another software engineering role, even if the specific duties differ.

The employer must pay certain costs; others can be shared.

Employer MUST pay:

• PERM recruitment costs (job ads, recruitment fees)
• PERM filing fee (none currently)
• Attorney fees for PERM (per DOL regulations)

Employee CAN pay:

• I-140 filing fee ($715 currently)
• I-140 premium processing ($2,805)
• I-485 filing and related fees
• Medical exam and photos

In practice, many employers pay all costs as a benefit, but it's negotiable for I-140 and beyond.

Yes, but they face more scrutiny on "ability to pay."

Small companies must demonstrate they can pay the offered wage through:

• Tax returns showing adequate net income or net assets
• Bank statements and financial projections (for newer companies)
• Current payroll records if already employing the worker

Challenges for startups:

• May not have 1-2 years of tax returns
• Often showing losses (common for growth-stage companies)
• USCIS may not accept VC funding as proof of ability to pay

It's possible but requires careful documentation and sometimes creative structuring.

Your priority date is your "place in line" for a green card.

For EB-3, your priority date is typically the date your PERM labor certification was filed with DOL.

Why it matters: Each month, the State Department publishes a Visa Bulletin showing which priority dates are "current" (eligible to proceed). If your priority date is before the cutoff date, you can:

• File I-485 (adjustment of status) if in the U.S.
• Complete consular processing if abroad

Example: If the bulletin shows "01JUL23" for EB-3 Skilled, anyone with a priority date before July 1, 2023 can proceed.

Schedule A is a shortcut that skips PERM labor certification.

Only two occupation groups qualify:

• Group I: Registered Nurses (RN) with CGFNS or passed NCLEX
• Group II: Physical Therapists with state license or equivalent

Benefits:

• Skip the 6-12 month PERM recruitment process
• File I-140 directly
• Faster overall timeline (saves ~1 year)

Note: You still need an employer sponsor and must wait for your priority date to become current.

Total time = PERM/I-140 processing + priority date wait.

ROW total: ~5-6 years from start to green card

India total: 14+ years from start to green card

Only if "Dates for Filing" chart allows it.

The Visa Bulletin has two charts:

• Final Action Dates: When you can get your green card
• Dates for Filing: When you can submit I-485 (usually earlier)

USCIS decides each month whether to accept the "Dates for Filing" chart. If they do, you may be able to file I-485 before Final Action dates are current.

Benefits of early I-485 filing:

• Get EAD (work authorization) independent of H-1B
• Get Advance Parole (travel document)
• Start AC21 clock for job portability
• Spouse and children can work on EAD

A PERM audit is DOL requesting additional documentation to verify the recruitment process.

Common audit triggers:

• Unusual job requirements (very specific skills)
• Requirements that seem tailored to the beneficiary
• High-wage positions in low-wage areas
• Employer-employee relationships (small company, family)
• Random audits (no fault of applicant)

To minimize audit risk:

• Use standard job requirements (match O*NET/OOH)
• Don't require skills only the beneficiary has
• Keep meticulous recruitment records
• Document all U.S. worker rejections with specific reasons

It depends on current wait times and your situation.

"Downgrading" means filing a new EB-3 case using your existing EB-2 priority date (if employer agrees). This only makes sense if:

• EB-3 cutoff dates are moving faster than EB-2
• Your employer is willing to file new PERM/I-140 for EB-3
• The job qualifies for EB-3 (doesn't require advanced degree)

Historically: India EB-3 has sometimes moved faster than India EB-2, making downgrading attractive. Check current Visa Bulletin trends before deciding.

Note: You can maintain both EB-2 and EB-3 petitions simultaneously.

Yes, through H-1B extensions beyond the 6-year limit.

Normally H-1B is limited to 6 years total. But if you have an approved I-140 or pending PERM/I-140 for 365+ days:

• AC21 §106(a): 1-year extensions if I-140 approved but priority date not current
• AC21 §104(c): 3-year extensions if I-140 approved and priority date current (or within 2 years)

You can get unlimited H-1B extensions while waiting for your priority date. Many Indians have been on H-1B for 10+ years this way.

Spouse and unmarried children under 21 can immigrate with you as derivatives.

While waiting:

• Spouse on H-4 can get EAD if your I-140 is approved
• Children maintain H-4 status (no work authorization)

At I-485 stage:

• File I-485 for each family member
• Everyone gets EAD and Advance Parole
• Green cards issued together when current

Child aging out: If a child turns 21 before getting green card, they may "age out" and lose derivative status. Calculate Child Status Protection Act (CSPA) age carefully.

Several alternative pathways may have shorter waits:

• EB-1A (Extraordinary Ability): Self-petition, no labor certification, current for most countries. Requires demonstrating extraordinary ability in your field.
• EB-1B (Outstanding Researcher): Employer-sponsored but no PERM. Requires 3+ years research experience and international recognition.
• EB-2 NIW (National Interest Waiver): Self-petition, no employer needed. Must show your work benefits the U.S. national interest.
• EB-5 (Investor): $800K-$1.05M investment in U.S. business. Currently processing faster than EB-3 for India.
• O-1A (Extraordinary Ability): Non-immigrant but can lead to EB-1A. Good for building credentials.

Many applicants pursue multiple pathways simultaneously.