EB-3 Other Workers: Unskilled Green Card Guide (2026)
How the EB-3 Other Workers category works in 2026 — the 10,000 annual cap, PERM requirements, jobs that qualify, and the 10+ year backlog.
The EB-3 Other Workers category, sometimes called EW or EB-3 unskilled, is the employment-based green card path for jobs that require less than two years of training or experience. It exists because the U.S. economy depends on permanent unskilled labor that employers cannot fill with U.S. workers — but Congress has deliberately kept the category very small.
This guide covers who actually qualifies, why the wait is so long, and what realistic expectations look like in 2026. For workers in jobs requiring at least two years of training or a bachelor’s degree, see the EB-3 Skilled Worker guide.
Who qualifies
EB-3 Other Workers is for workers in jobs that:
- Are permanent and full-time (not seasonal)
- Require less than 2 years of training or experience
- The employer genuinely cannot fill with a U.S. worker willing to do the work at the prevailing wage
Typical qualifying jobs include:
- Housekeepers and cleaning staff at hotels and resorts
- Fast food cooks and restaurant cooks in non-specialty cuisines
- Meat and poultry processing workers
- Agricultural farm workers (year-round, not seasonal H-2A)
- Janitorial and maintenance workers
- Caregivers for elderly or disabled individuals (for duties that do not require a nursing license)
- Landscaping laborers
- Assembly-line workers in food processing
The three-stage process
EB-3 Other Workers follows the same PERM → I-140 → I-485 sequence as regular EB-3:
Stage 1: PERM labor certification
Your U.S. employer must get a prevailing wage determination from the Department of Labor, run newspaper and state workforce agency recruitment, and document that no qualified U.S. worker is willing and able to take the job at the prevailing wage. The employer files Form ETA-9089 with the Department of Labor.
PERM processing currently runs 8–14 months without an audit, longer if audited.
Stage 2: Form I-140
After PERM approval, the employer files Form I-140 within 180 days. I-140 processing is 6–12 months standard, or 15 business days with $2,805 premium processing.
Stage 3: Form I-485 or consular processing
After I-140 approval, you wait for your priority date to become current in the Visa Bulletin. This is where EB-3 Other Workers diverges sharply from regular EB-3.
Why the wait is the longest in the employment system
The annual cap on EB-3 Other Workers is approximately 10,000 visas — about 7% of the total employment-based pool. Regular EB-3 skilled workers and professionals share a much larger pool.
As of 2026, the worldwide EB-3 Other Workers cutoff is several years behind regular EB-3. For India and China, the wait is dramatically longer. See the EB-3 Other Visa Bulletin tracker for current numbers.
Practical reality: a worldwide EB-3 Other Workers applicant filing today should plan for 5 to 8 years before reaching a current priority date, plus PERM and I-140 processing time on top. India and China-born applicants should plan for 12 to 15+ years total.
Costs in 2026
- PERM recruitment and filing: $3,000–$6,000 (employer must pay)
- Form I-140: $715 (employer pays)
- Form I-485: $1,440
- Medical exam: $200–$500
- Attorney fees (typical): $4,000–$10,000
Federal law requires the employer to pay the PERM costs. A worker cannot reimburse the employer for PERM legal fees or advertising, even voluntarily.
Who sponsors EB-3 Other Workers cases
The employers who most often sponsor Other Workers petitions are:
- Hotels and resort chains (housekeeping)
- Restaurant chains and franchises
- Food processing plants
- Agricultural operations (year-round)
- Assisted living facilities
- Cleaning and janitorial service companies
Small businesses can sponsor, but must show they can pay the prevailing wage for many years — a harder bar for small employers given the long wait.
What to do while waiting
Because the wait spans a decade or more, applicants should:
- Maintain any valid nonimmigrant status (H-2B, if applicable, or any other valid status)
- Keep copies of every PERM, I-140, and I-485 receipt notice — some cases take so long that the employer ceases to exist
- Monitor AC21 portability rules — once the I-140 is approved and the I-485 has been pending 180 days, you can change to a similar job at a new employer
- Watch for category recapture bills in Congress — proposed legislation periodically tries to recapture unused visa numbers and reduce backlogs
Common mistakes
- Treating this as a fast track. Some workers believe Other Workers is an easier EB-3. It is easier in terms of skill requirements, but far slower because of the sub-cap.
- Employer cannot document ability to pay for the full backlog period.
- Job description overstates requirements. If the actual job only needs 6 months of training, do not list 2 years on PERM — that pushes the case into regular EB-3 territory and can trigger DOL scrutiny.
- Worker paid PERM costs. Federal law forbids this and can void the PERM.
Is EB-3 Other Workers worth pursuing?
For many applicants, yes — even with the long wait. The alternative is often no employment-based green card path at all. For workers who are already in the U.S. with valid status and a supportive employer, starting the process early means locking in a priority date that accumulates value over time.
For workers abroad, the long wait means family planning should account for 10+ years before consular processing. A child who is under 21 at filing may age out before the priority date becomes current — the Child Status Protection Act (CSPA) can help, but does not always preserve the full benefit.
Not legal advice. EB-3 Other Workers cases are long, expensive, and sensitive to employer solvency. Consult an immigration attorney before filing, and verify current Visa Bulletin movement before assuming any timeline.
Sources & Citations
All claims in this guide link to primary government sources.
- 1
- 2Permanent Labor Certification Program— U.S. Department of Labor
Frequently asked questions
What counts as an 'unskilled' EB-3 Other Worker job?
Why is the EB-3 Other Workers wait so long?
Can I move from EB-3 Other Workers to regular EB-3 after I-140 approval?
What is EB-3 'interfiling' and can it help EB-3 Other Workers applicants?
Can I use premium processing for EB-3 Other Workers?
What happens to my EB-3 Other Workers case if my employer closes?
This is not legal advice
GreenCardTracker is an independent information resource, not a law firm. Immigration law changes frequently and case outcomes are fact-specific. Always verify with USCIS or a licensed immigration attorney before making decisions about your case.