Permanent Labor Certification
PERM program · employer filing responsibility · labor certification · certification validity
Source reviewed 2026-07-31EB-3 permanent employment
EB-3 Other Worker Green Cards
The EB-3 other-worker category covers qualifying permanent positions that require less than two years of training or experience and are not temporary or seasonal. The employer must offer a real job, complete the applicable labor-certification process, document the business and wage, and continue the sponsorship through the immigrant petition and final process.
Direct answer
What is the EB-3 other-worker category?
EB-3 other worker is an employment-based immigrant category for people who can perform permanent, nonseasonal work requiring less than two years of training or experience. Most cases require a genuine U.S. employer, permanent labor certification, Form I-140, visa availability, and adjustment of status or immigrant-visa processing. The category has a separately tracked visa-number line and can move differently from EB-3 skilled workers and professionals.
On this page
The position must be permanent and nonseasonal
The other-worker category is not a substitute for a temporary labor program. The employer must offer ongoing permanent full-time employment rather than a short project, peak-season role, or recurring seasonal need.
The job description, payroll plan, business operations, recruitment, and employer records should support the claimed permanent need.
The category turns on what the job requires
The position generally requires less than two years of training or experience. The beneficiary’s personal experience does not change the category when the employer’s actual minimum requirement is lower.
Requirements should not be inflated to move the case into skilled worker. The employer must state the real minimum requirements and recruit for that actual opportunity.
The employer must be real, capable, and committed to the permanent job
The employer must be a qualifying U.S. petitioner with a genuine job opportunity, valid business records, a defined worksite, lawful wage, and a credible plan to employ the beneficiary when the person becomes eligible to begin the sponsored employment.
New companies, closely held businesses, household employment, related parties, remote arrangements, multiple locations, and high-volume sponsorship require additional factual and documentary review.
PERM recruitment must be genuine even when the job has lower entry requirements
The employer generally obtains the prevailing wage, conducts the required recruitment, provides notice, reviews U.S. applicants, files ETA Form 9089, and retains the supporting record. Lower entry requirements do not reduce the employer’s obligation to conduct a lawful labor-market test.
The employer may reject U.S. applicants only for lawful, job-related reasons and should document the actual review as it happens.
Other Worker visa availability is tracked separately
The Department of State publishes a separate Other Workers line in the Visa Bulletin. That line may have different final-action and filing dates from the main EB-3 line used for skilled workers and professionals.
The waiting period cannot be predicted from one month’s bulletin. Country of chargeability, priority date, future demand, annual limits, and government allocation decisions all affect timing.
The worker should understand what the case does and does not provide
A labor certification or approved immigrant petition does not automatically provide current lawful status, immediate work authorization, permission to travel, or a guaranteed green card. The worker’s present immigration posture must be analyzed separately.
Workers should preserve all contracts, receipts, messages, job descriptions, employer communications, and immigration filings. Pressure to pay for a job, conceal the true arrangement, misstate wages, or sign unexplained documents is a serious warning sign.
Questions people actually ask
Frequently asked questions
Is EB-3 other worker only for jobs with no experience requirement?
No. The position may require some training or experience, but generally less than two years. The exact requirement must be stated accurately and supported by the employer’s real hiring needs.
Can a seasonal employer use EB-3 other worker for recurring busy periods?
The category is for permanent, nonseasonal employment. A recurring temporary or seasonal need requires a different immigration and labor analysis.
Why does Other Workers have a separate Visa Bulletin line?
Congress and the immigration system allocate visa numbers for the other-worker subcategory separately. As a result, its priority-date movement can differ from the main EB-3 skilled-worker and professional line.
Can an agency or recruiter guarantee an EB-3 job?
A lawyer cannot validate a supposed opportunity without reviewing the actual employer, position, recruitment, fees, contracts, and immigration record. Guarantees, job sales, hidden payments, or pressure to misstate facts are serious warning signs.
Can the worker change employers before receiving permanent residence?
Employer changes can affect the labor certification, petition, adjustment process, and portability analysis. The answer depends on the procedural stage and complete facts. The worker should obtain legal advice before making a change.
Authority and current-source review
Official sources supporting this page
These links identify primary or official materials used to control material legal and procedural statements. They are not a substitute for advice about a particular matter.
Permanent Labor Certification (PERM) on FLAG
prevailing wage · recruitment · notice of filing · ETA Form 9089
Source reviewed 2026-07-3120 C.F.R. Part 656, Labor Certification Process for Permanent Employment
PERM definitions · employer attestations · recruitment · record retention
Source reviewed 2026-07-31Employment-Based Immigration: Third Preference EB-3
skilled workers · professionals · other workers · labor certification
Source reviewed 2026-07-31The Visa Bulletin
priority dates · final action dates · dates for filing · employment preferences
Source reviewed 2026-07-31The next useful move
Verify the job, employer, fees, process, and expected timeline before committing
Bring the employer information, job offer, duties, requirements, worksite, wage, recruitment history, contracts, payment requests, beneficiary immigration record, and all communications with recruiters or intermediaries.
Important legal and service limitations
U.S. immigration law is federal, fact-specific, and subject to changing statutes, regulations, agency policy, visa availability, and procedural rules. Website information is general information, not legal advice, and does not promise eligibility, approval, visa issuance, admission, permanent residence, or any other result.
Steel & Associates, APLC represents legitimate employers and qualified beneficiaries in accepted matters. The firm does not sell jobs, employers, labor certifications, priority dates, or immigration sponsorship.
Contacting Steel & Associates, A Professional Law Corporation does not create an attorney-client relationship. Representation begins only after conflict review and a written engagement agreement.