Permanent Labor Certification
PERM program · employer filing responsibility · labor certification · certification validity
Source reviewed 2026-07-31EB-3 permanent employment
EB-3 Skilled Worker Green Cards
The EB-3 skilled-worker category is designed for qualifying permanent jobs that require at least two years of training or experience and are not temporary or seasonal. The employer must offer the real position, complete the applicable labor-certification process, and show that the beneficiary met the stated requirements by the relevant date.
Direct answer
Who qualifies as an EB-3 skilled worker?
An EB-3 skilled-worker beneficiary generally must be capable of performing a permanent, nonseasonal job that requires at least two years of training or experience. The labor certification and immigrant petition must identify the qualifying requirements, and the beneficiary must document that those requirements were met. Relevant postsecondary education may sometimes be considered as training under the governing rules, but the record must be analyzed carefully.
On this page
The offered job determines whether the skilled-worker category fits
The category is not based only on the worker’s personal skill level. The permanent U.S. position itself must require at least two years of training or experience. A worker with extensive experience does not convert a position requiring less than two years into a skilled-worker position.
The employer’s duties, requirements, wage, recruitment, and labor-certification filing must support the same classification. Requirements should reflect actual business needs and normal hiring practice.
Experience evidence must prove more than a job title
Letters from prior employers should identify the employer, dates, position, duties, and experience relevant to the offered job. Payroll records, contracts, licenses, training records, tax documents, or other evidence may be needed when standard letters are unavailable or incomplete.
Foreign-language evidence requires proper translation. Self-employment, informal work, family businesses, overlapping jobs, and experience gained with the sponsoring employer require additional factual and legal review.
Training and education must connect to the requirement stated in the case
A position may rely on training, experience, or an authorized combination stated in the labor-certification record. The beneficiary’s evidence should establish the duration and substance of that training, not merely attendance at a program.
Licenses, certificates, apprenticeships, vocational education, and postsecondary study may matter, but each document must be evaluated against the exact requirement and the governing EB-3 standard.
Most skilled-worker cases require PERM labor certification
The employer generally obtains a prevailing-wage determination, conducts the required recruitment, evaluates U.S. applicants, files ETA Form 9089, and preserves the audit file. The process must be genuine and employer-controlled.
The skilled-worker classification should be considered before recruitment begins so that the requirements, recruitment language, and beneficiary evidence remain aligned.
The I-140 petition must establish both the position and the worker
The employer generally files Form I-140 after approval of a required labor certification. USCIS reviews whether the offered position fits the requested category, whether the beneficiary met the certified requirements, and whether the employer satisfies the applicable petitioner requirements.
Inconsistent dates, duties, experience letters, education records, job requirements, or employer information can create requests for evidence or denial risk.
Visa availability controls the final step
The priority date and country of chargeability affect when the beneficiary may file or complete adjustment of status or immigrant-visa processing. EB-3 skilled workers and professionals generally share the main third-preference line, while other workers are tracked separately.
Current dates should be checked against the Department of State Visa Bulletin and USCIS filing-chart guidance at the time action is taken.
Questions people actually ask
Frequently asked questions
Is exactly two years of experience enough?
The beneficiary must satisfy the exact minimum requirement stated in the labor certification and must document it adequately. The quality, timing, and relevance of the experience matter in addition to the number of years.
Can education count as training for a skilled-worker case?
Relevant postsecondary education may sometimes be considered as training under the EB-3 skilled-worker rules. The program, duration, field, records, and relationship to the job requirement must be reviewed carefully.
Can experience gained with the sponsoring employer be used?
Sometimes, but it can raise additional PERM issues, particularly when the prior position is substantially comparable to the sponsored position. The employer’s records and the difference between the roles require close analysis.
Does a trade license replace the experience requirement?
Not automatically. A license may be required and may support the worker’s qualifications, but the beneficiary must still satisfy the exact education, training, experience, and licensing requirements stated for the position.
Can an EB-3 skilled-worker job be seasonal?
The category is for permanent, nonseasonal employment. A temporary or seasonal labor need belongs in a different analysis.
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
Test the job requirements and the worker’s evidence before recruitment begins
Bring the proposed job description, minimum requirements, worksite, wage information, organizational chart, beneficiary resume, experience letters, training records, licenses, education, and current immigration documents.
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.