Immigrant Visa
EB-3 Visa — Skilled Worker
EB-3 requires US job offer + PERM (DOL labor certification). Three subcategories: Skilled Workers (bachelor's + 2 yrs exp.), Professionals (bachelor's), Other Workers (unskilled). Brazilians have no backlog. Less preferred than EB-2 NIW for advanced-degree professionals.
Three EB-3 subcategories
| Subcategory | Requirements |
|---|---|
| Skilled Workers | Bachelor's + 2+ years of progressive experience |
| Professionals | Bachelor's in the role's field (no extra experience required) |
| Other Workers | Unskilled (e.g., cleaning, manual work without specific training) |
Other Workers has a larger backlog (even for Brazil) and limited quotas — generally not recommended.
Why EB-2 NIW is often better
For Brazilian professionals with a master's or national-interest profile, EB-2 NIW is typically preferable: no job offer, no PERM (saves 6–12 months), allows self-petition, keeps employer flexibility. EB-3 makes sense when: (1) you only have a bachelor's, (2) you don't qualify for EB-2 NIW, and (3) you have a US employer willing to sponsor.
EB-3 process — step by step
- 1Employer advertises the role and tests the US labor market (PERM)
- 2Employer files PERM at DOL (6–12 month process)
- 3After PERM approval, employer files I-140 ($715 + $600 APF)
- 4I-140 approval + I-485 (adjustment of status) or consular processing
- 5Conditional or permanent green card (depending on factors)
Cost
| Item | Amount |
|---|---|
| PERM (DOL — employer pays) | $0 DOL fee; recruiting costs $2K–5K |
| USCIS I-140 fee | $715 + $600 APF |
| Premium Processing I-140 | $2,965 |
| USCIS I-485 fee | $1,440/person |
| Pinho Law EB-3 fees (full) | $8,500–12,500 |
In EB-3, the law requires the employer to pay PERM costs. Cannot be passed to the worker.
Frequently asked questions
Do Brazilians qualify for EB-3?
Yes. Brazilians have a CURRENT queue in EB-3 (Skilled Worker/Professional). The constraint is finding a US employer willing to sponsor + go through PERM.
What's the difference between EB-2 and EB-3?
EB-2: requires master's OR bachelor's + 5 years; can use NIW (self-petition). EB-3: only bachelor's or less; always with job offer + PERM.
Does EB-3 guarantee the green card if I have an offer?
No. You need: (1) approved PERM, (2) approved I-140, (3) available visa number (Brazil CURRENT in 2026), (4) approved I-485 or consular.
Can I change employers during the process?
Depends on stage. After I-140 approved for 180 days, you can use AC21 portability to change. Before that, a change resets the process.
Does EB-3 have Premium Processing?
Yes, for I-140 ($2,965). PERM itself has no Premium Processing.
Can I work during the I-485?
Yes, with EAD (I-765). Advance Parole (I-131) allows travel.
Ready to Take the Next Step?
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