As an immigration attorney, I often advise both employers and foreign nationals on strategies for obtaining lawful permanent residence in the United States. One important but often overlooked pathway is the EB-3 “Other Workers” green card category. This option is designed for jobs requiring less than two years of training or experience, that do not require a bachelor’s degree, and are not temporary or seasonal in nature.
For industries facing chronic labor shortages—such as hospitality, agriculture, caregiving, construction, or food service—the EB-3 “Other Workers” category can be a critical solution. For foreign nationals, it represents a long-term opportunity to build a future in the U.S. beyond temporary visas.
The EB-3 green card category covers three groups:
It is this “Other Workers” category that provides a unique path for employers and employees in industries where reliable labor is difficult to secure.
Before sponsoring a worker for an EB-3 green card, employers must conduct a labor market test through the PERM process. For nonprofessional “Other Worker” positions, the requirements are streamlined compared to professional roles. Employers must:
Unlike professional positions, employers do not need to complete additional recruitment steps such as job fairs, online postings, or campus recruiting.
In my practice, I advise employers to be mindful of several issues when planning an EB-3 “Other Workers” case:
Many foreign nationals in the U.S. work temporarily under H-2 visas in industries such as agriculture and hospitality. Transitioning from an H-2 visa to EB-3 sponsorship can be complex because H-2 roles require an employer to demonstrate a temporary need, while EB-3 sponsorship requires proof of permanent need.
Careful legal strategy is essential in these cases to distinguish between the temporary role and the long-term position being offered for permanent residence. Employers must also be prepared for longer wait times, as the EB-3 Other Worker category is capped at 10,000 visas annually and often faces backlogs.
Households may also consider EB-3 sponsorship for nannies, caregivers, or other domestic workers. While this is possible, it requires careful planning. For example:
How long will it take to get a green card through EB-3 Other Workers?
Processing times vary. With visa backlogs, the wait can be several years, especially for nationals of countries with high demand.
Do employers have to interview every applicant?
Employers must review and consider every minimally qualified U.S. worker who applies. This requirement underscores the importance of accurate job descriptions.
Can workers on Temporary Protected Status (TPS) or other at-risk statuses benefit?
Sometimes, yes. An EB-3 petition may provide a long-term solution, though individuals may face challenges with status maintenance or unlawful presence issues.
The EB-3 “Other Workers” category offers a valuable pathway for both U.S. employers and foreign nationals. For employers, it helps address chronic labor shortages in essential industries. For workers, it offers a chance to move beyond temporary visas and obtain permanent residence.
If you are an employer seeking to sponsor workers or an individual exploring permanent residence through the EB-3 category, I encourage you to seek experienced legal guidance. These cases require careful planning to ensure compliance with Department of Labor and USCIS requirements.
If you need experienced legal guidance for your immigration case, contact me at SG Legal Group. My team and I will help you navigate the process with confidence. Consultations are available in English, Russian, or Romanian. Call 410-618-1288 or visit our Contact page to schedule a consultation.
Oleg Gherasimov, Esq.
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