JLA Law Group

EB-3 Green Card for Skilled Workers and Professionals in Georgia

Case Evaluation→(770) 609-9396

The EB-3 third preference employment-based immigrant visa provides a path to permanent residence for three categories of workers: skilled workers in positions requiring at least two years of training or experience, professionals with a US baccalaureate degree or its foreign equivalent in a position requiring that degree, and other workers (unskilled workers) in positions requiring less than two years of training. Under INA § 203(b)(3) and 8 CFR § 204.5(l), most EB-3 petitions require completion of the PERM labor certification process through the Department of Labor before filing Form I-140 with USCIS.

PERM labor certification (Program Electronic Review Management) is the most time-intensive step in most EB-3 cases. The employer must conduct a bona fide recruitment campaign using DOL-specified methods to test the US labor market, prove that no qualified US workers are available for the position, and file Form 9089 electronically through the DOL FLAG system. Audit rates have increased significantly in recent years. A thorough, well-documented recruitment campaign is essential to withstand DOL scrutiny.

JLA Law Group guides employers and employees through the entire EB-3 process: prevailing wage determination, PERM recruitment design and documentation, I-140 preparation, and I-485 adjustment of status or consular processing. For workers from countries with significant backlog (India, China), we also advise on priority date management strategies including EB-3 downgrade from EB-2 when tactically beneficial.

Steps You Should Take

1

Obtain Prevailing Wage Determination from DOL

Before recruitment begins, the employer must obtain a Prevailing Wage Determination (PWD) from DOL's National Prevailing Wage Center. The PWD sets the minimum wage that must be offered. We prepare the PWD request and analyze the result to confirm the offered wage is compliant.

2

Conduct PERM Recruitment Campaign

We design a compliant PERM recruitment campaign using DOL-required advertising methods, document all recruitment activity meticulously, and prepare for potential DOL audit. Inadequate documentation is the primary cause of PERM denials and audits.

3

File PERM and Then I-140 Immigrant Petition

We file Form 9089 electronically through DOL FLAG, track processing, and respond to any audit notices. Once PERM is certified, we promptly file Form I-140 with USCIS. We advise on premium processing for I-140 to lock in the priority date quickly.

4

Monitor Priority Date and File I-485 When Current

We track the monthly Visa Bulletin for movement in your priority date and advise when to file Form I-485. We also assess AC21 portability options if you need to change jobs before your green card is approved. Call JLA Law Group at (770) 609-9396.

Frequently Asked Questions

What is PERM labor certification and why is it required?
PERM labor certification is a process administered by the Department of Labor under 20 CFR Part 656 to protect US workers. The employer must test the labor market through a standardized recruitment process, document that no qualified US workers applied, and certify that hiring the foreign worker will not adversely affect US worker wages and conditions. DOL approval is a prerequisite to filing the I-140 for most EB-2 and EB-3 cases.
How long does the EB-3 process take?
The total timeline varies significantly. PERM labor certification typically takes 6 to 18 months including recruitment, filing, and DOL adjudication (plus audit time if selected). I-140 takes 6 to 12 months standard or 15 business days with premium processing. I-485 or consular processing adds additional time. For Indian and Chinese nationals, visa backlog wait times in EB-3 can extend the total timeline by many years.
Can EB-2 applicants downgrade to EB-3 to use an earlier priority date?
Yes. In a practice known as 'EB-3 downgrade,' workers with an approved EB-2 I-140 may file a new EB-3 PERM and I-140 to capture the earlier EB-3 priority date, which has sometimes moved ahead of EB-2 for Indian and Chinese nationals. This is a complex strategy with specific timing considerations that we analyze on a case-by-case basis.
Can I change jobs while my EB-3 case is pending?
Under INA § 204(j), if your I-485 has been pending for 180 days or more and your I-140 is approved, you may port your green card case to a new employer in the same or similar occupational classification without losing your priority date. This is called 'AC21 portability' and provides significant flexibility after the 180-day threshold.
Does the EB-3 'other worker' category have a separate visa allocation?
Yes. Under INA § 203(b)(3), unskilled other workers receive a separate allocation of 10,000 visas annually within the EB-3 preference. This separate allocation means other workers often face longer waits than EB-3 skilled workers and professionals. We analyze current Visa Bulletin data to give realistic timeline projections.

Applicable Laws

INA § 203(b)(3) / 8 U.S.C. § 1153(b)(3)Statutory authorization for the EB-3 immigrant visa category for skilled workers, professionals, and other workers, with an annual allocation of 40,000 visas plus unused EB-1 and EB-2 numbers.
8 CFR § 204.5(l)USCIS regulations for EB-3 petitions specifying requirements for skilled workers, professionals, and other workers, including the PERM labor certification prerequisite and documentary requirements.
20 CFR Part 656Department of Labor PERM labor certification regulations governing prevailing wage determinations, recruitment requirements, audit procedures, and Form 9089 filing procedures.
INA § 204(j) / 8 U.S.C. § 1154(j)AC21 portability: allows adjustment of status applicants whose I-485 has been pending 180+ days to change to same or similar occupation without loss of priority date or petition approval.

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Case Evaluation

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Schedule Consultation(770) 609-9396

1250 Tech Dr, Suite 240

Norcross, GA 30093

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