When an EB-3 lawyer evaluates EB-3 employment-based immigration, three things come first: whether a U.S. employer can offer a permanent full-time job, whether PERM can work, and where the visa backlog stands for people born in China. All three categories require employer sponsorship, and you cannot apply on your own. In the November 2026 Visa Bulletin, the EB-3 Final Action Date for people born in mainland China is January 22, 2022 and the Date for Filing is April 1, 2024. The information below is current as of November 6, 2026.
The three categories an EB-3 lawyer checks first
| Category | Basic Requirements |
|---|---|
| Skilled workers | Position requires at least 2 years of training or experience, and the applicant meets the position's requirements |
| Professionals | Holds a U.S. bachelor's degree or foreign equivalent, and the position requires at least a bachelor's degree |
| Other workers | Position requires less than 2 years of training or experience and is not temporary or seasonal work |
For professionals, experience cannot be substituted for the degree. The applicant must also meet all requirements on the day the PERM is filed; experience gained afterwards does not count.
How PERM Works
PERM is the Department of Labor's permanent labor certification and generally comes before the I-140.
- The employer requests a prevailing wage determination from the Department of Labor.
- The employer recruits. The basic requirements are a 30-day job order with the state workforce agency and newspaper advertisements on two different Sundays, which must be completed 30 to 180 days before filing; for professional positions, 3 more steps are chosen from the methods listed in the regulations.
- File Form ETA-9089. The date the Department of Labor accepts it is the priority date.
- File the I-140 within 180 days after approval, or the certification expires.
If the employer laid off workers in the same or a related position in the same area within 6 months before filing, it must show that it notified and considered the laid-off employees. Schedule A occupations such as nurses and physical therapists do not go through Department of Labor certification and instead are filed with USCIS together with the I-140.
On fees, the employer may not charge the employee the employer's own attorney fees or PERM-related costs. The employee may pay for his or her own attorney; if the same attorney represents both parties, the employer bears it.
I-140: The employer must show it can pay the wage
The employer must show it has had the ability to pay the offered wage from the priority date until the employee obtains a green card. The evidence is annual reports, federal tax returns or audited financial statements. USCIS looks at the wages already paid to the employee, and for any shortfall looks at whether net income or net current assets cover it; depreciation is not added back, and the two cannot be combined. For employers with 100 or more employees, an officer may accept a statement from the financial officer.
Fees under G-1055 (version 10/26/26): I-140 paper filing $715, online $665, plus the Asylum Program Fee: $600 for a general employer, $300 for a small employer, and $0 for a nonprofit. Premium processing is available for $2,965, with a target time of 15 business days; if premium processing is filed together with the I-140, it must be sent by mail.
USCIS's policy update of August 5, 2026 is now in effect: when initial evidence is missing, officers may deny without issuing a Request for Evidence, so the documents should be complete when first filed.
Visa Bulletin Dates for People Born in China
November 2026 Visa Bulletin:
| Category | Final Action Dates | Dates for Filing |
|---|---|---|
| EB-3 skilled workers and professionals, born in mainland China | January 22, 2022 | April 1, 2024 |
| EB-3 other workers, born in mainland China | October 1, 2019 | October 1, 2020 |
| EB-3 skilled workers and professionals, most other countries | June 15, 2024 | August 1, 2024 |
The dates above are subject to the State Department's monthly bulletin as published. USCIS has stated that for November 2026, employment-based I-485s are to be filed using the Dates for Filing chart. If your priority date is earlier than the Date for Filing, you may file, but approval has to wait until the Final Action Date. Other workers are limited by law to 10,000 visa numbers per fiscal year, and their dates are also earlier.
This month, both dates for EB-3 people born in mainland China are later than EB-2, meaning the priority date wait has advanced further. For EB-2, see EB-2 lawyer: comparing PERM employer sponsorship and NIW. These are this month's numbers only; dates may move every month and may even retrogress. If you have no employer, you may also look at NIW immigration lawyer: who qualifies for a national interest waiver.
Spouses and unmarried children under 21 may be processed with the principal applicant.
A May 2026 USCIS memorandum (PM-602-0199) describes adjustment of status as exceptional discretionary relief. Holding a dual-intent status also does not mean approval is certain, so evaluate this before filing the I-485.
What to prepare
- Employer: position description, basis for the minimum requirements, company tax returns or audited financial statements, number of employees.
- Employee: degree certificates and transcripts, equivalency evaluation of foreign education, experience verification letters from former employers, passport and current status documents.
Experience letters should state clearly the position, duties, start and end dates and whether it was full-time, and these must be consistent with what is entered on the PERM.
Contact us
Lu Xin Law Offices is located in Flushing, New York (36-09 Main Street Suite 5-D5) and has an office in West New York, New Jersey (14 65th St). Our responsible attorney, Michael R. Curran (Attorney Curran), is licensed in New York and New Jersey. Immigration is a federal matter, and representation in cases in other states is arranged according to the applicable rules of practice and the scope of engagement; representation in immigration court cases depends on whether the attorney has completed the required registration. Employers or employees who want an EB-3 assessment can bring the position description, proof of education and experience and company financial materials to consult an EB-3 lawyer. Call 347-618-3386. For our services, see Immigration Legal Services.
FAQ
Can I apply for EB-3 myself?
No. All three categories require a U.S. employer to offer a permanent full-time job, and generally PERM labor certification must be obtained first.
Can the employee bear the cost of PERM?
An employer may not charge the employee the employer's own attorney fees or PERM-related costs. The employee may pay for his or her own attorney. If the same attorney represents both the employer and the employee, the employer bears that fee.
How is the priority date calculated?
In cases that need PERM, the priority date is the date the Department of Labor accepts the PERM application. The priority date wait is calculated from this date and the country of birth.
Sources: uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, law.cornell.edu, uscis.gov, uscis.gov, travel.state.gov, dol.gov, ecfr.gov, ecfr.gov, ecfr.gov, ecfr.gov, ecfr.gov, uscis.gov, uscis.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.