Understanding the EB-3 Visa and PERM Certification in 2026

Written by: Kathleen Ireland, Esq., Immigration Help USA | Immigration Attorneys

As U.S. employers continue to navigate persistent labor shortages and increased demand for specialized and entry-level talent, the Employment-Based Third Preference visa, commonly known as the EB-3 visa, has emerged as a powerful long-term workforce solution. For businesses seeking to scale sustainably, understanding the EB-3 process, particularly the PERM labor certification, is essential.

This article provides a modern overview of the EB-3 pathway, key updates impacting the process in 2026, and how employers can strategically use it to expand their talent pipeline.

What Is the EB-3 Visa?

The EB-3 visa is a third-preference employment-based immigrant visa that provides a pathway to permanent residency, also known as a green card, for foreign nationals sponsored by U.S. employers.¹ It applies to three categories:

• Skilled workers: Jobs requiring at least two years of experience or training.
• Professionals: Roles requiring a bachelor’s degree.
• Other workers: Positions requiring less than two years of training or experience.

Because of its relatively broad eligibility criteria, the EB-3 visa is widely used across industries such as healthcare, construction, hospitality, manufacturing, and logistics.²

Understanding PERM Labor Certification

A central component of the EB-3 process is the Program Electronic Review Management labor certification, commonly known as PERM. PERM is administered by the U.S. Department of Labor through the PERM system.³ As outlined by the Department of Labor, the PERM process is designed to ensure that hiring a foreign worker will not negatively impact U.S. workers.⁴

Specifically, employers must demonstrate that:

• No qualified U.S. workers are available or willing to fill the position;
• The wage offered meets or exceeds the prevailing wage;
• Hiring a foreign worker will not negatively affect the wages or working conditions of U.S. workers.⁵

Key Steps in PERM

The PERM process includes several structured steps:

1. Prevailing Wage Determination: The employer must first obtain a wage determination from the Department of Labor based on the specific job duties and location.⁶
2. Recruitment Process: Employers must test the U.S. labor market by advertising the role and documenting all recruitment efforts.⁷
3. ETA-9089 Filing: Once the recruitment process is completed, the PERM application is submitted to the Department of Labor for review and certification.⁸

Only after PERM approval can the employer move forward with filing Form I-140 with U.S. Citizenship and Immigration Services.⁹

The EB-3 Process: Step by Step

The EB-3 green card process typically involves four stages:

1. PERM labor certification;
2. Form I-140 immigrant petition;
3. Visa availability, also known as the priority date wait;
4. Adjustment of status or consular processing.¹⁰

Each phase is handled by different federal agencies, which contributes to the overall complexity and length of the process.

EB-3 Visa Processing Times in 2026 and Delays

Recent data confirms that processing times have significantly increased, making proactive planning more important than ever.¹¹

Employers pursuing EB-3 sponsorship should take into account the extended processing timelines seen in recent years. With increased demand for EB-3 visas, the PERM labor certification stage alone can take well over 500 days, or approximately 16 to 17 months, to complete.¹² When considering all required steps, the overall EB-3 visa process may take between two and five years or longer, depending largely on visa availability.¹³

Early stages, such as prevailing wage determinations and the required recruitment process, can add several additional months before a PERM application is filed. In addition, ongoing visa bulletin backlogs, also known as priority date delays, continue to impact when foreign workers can ultimately obtain permanent residence, particularly for applicants from high-demand countries.¹⁴

Why Employers Are Turning to EB-3 in 2026

Despite the longer timelines, the EB-3 visa remains a valuable solution for U.S. businesses facing hiring challenges.

1. Access to Global Talent

The EB-3 program enables employers to recruit qualified individuals from a global labor pool, helping fill roles that remain vacant domestically.

2. Addressing Labor Shortages

Industries experiencing ongoing workforce shortages, such as hospitality, healthcare, and construction, may benefit significantly from EB-3 hiring strategies.

3. Long-Term Workforce Stability

Unlike temporary visa programs, EB-3 leads to permanent residency, allowing employers to retain workers for the long term and reduce turnover. This stability allows employees to establish long-term residence and contribute consistently to the employer’s operations.

4. Strategic Growth Planning

By incorporating EB-3 sponsorship into workforce planning, businesses can align talent acquisition with long-term expansion goals.

Best Practices for Employers Navigating the PERM Process

To successfully navigate the EB-3 and PERM process, employers should consider the following best practices:

1. Start Early

Given current timelines, employers should begin the PERM process well in advance of anticipated staffing needs.

2. Maintain Strict Compliance

The PERM process requires detailed documentation, particularly in recruitment. Any errors or inconsistencies may result in audits or denials.

3. Work With Immigration Counsel

An experienced immigration attorney can help ensure compliance with Department of Labor and U.S. Citizenship and Immigration Services regulations while minimizing delays.

4. Monitor Policy and Visa Bulletin Updates

Regular review of changes in processing times and visa availability can help employers make informed decisions.

Align Immigration Strategy With Business Goals

Employers should integrate immigration planning into their broader human resources and operational strategies to ensure long-term success.

Conclusion

In today’s competitive labor market, the EB-3 visa and PERM labor certification process offer a practical solution for employers seeking to expand their workforce and meet growing business demands.

While processing times in 2026 are longer than in previous years, the program continues to provide a stable and reliable pathway for hiring foreign workers and building a permanent workforce.

By understanding the process, staying compliant, and planning strategically, employers can turn immigration challenges into opportunities for growth, leveraging global talent to strengthen their organizations for the future.

References

1. U.S. Citizenship & Immigration Services, Employment-Based Immigration: Third Preference EB-3, https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
2. EB-3 Visa Process: Steps, Timeline, and Requirements, LegalClarity, https://legalclarity.org/eb-3-visa-process-steps-timeline-and-requirements/
3. U.S. Department of Labor, Permanent Labor Certification, https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent
4. Id.
5. Id.
6. Id.
7. Id.
8. Id.
9. U.S. Citizenship & Immigration Services, supra note 1.
10. The Complete EB3 Visa Process Explained Step by Step, EB3 Green Card Jobs, https://eb3.work/the-complete-eb3-visa-process-explained-step-by-step/
11. LegalClarity, supra note 2.
12. Id.
13. Id.
14. U.S. Citizenship & Immigration Services, Visa Availability and Priority Dates, https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates

This article has been reviewed and approved for legal accuracy by Tamaryn Da Ponte, Esq. It is intended for informational purposes only and does not constitute legal advice.Immigration Help USA | Immigration Attorneys