The U.S. labor market has shown persistent stress in recent years, with millions of job openings remaining unfilled even as unemployment rates stay moderate.
Employers struggle to meet consumer demand due to workforce gaps in many sectors.
According to the Bureau of Labor Statistics (BLS), there were approximately 7.67 million job openings in October 2025, with openings outpacing hiring rates in several industries, indicating ongoing labor shortages.
Labor shortages challenge both economic output and business operations, especially in sectors like healthcare, food services, hospitality, and logistics.
In a labor market marked by reduced hiring and minimal layoffs, employers are forced to seek alternative solutions to bridge workforce gaps.
Filling these roles often requires looking beyond the domestic labor pool, which is where EB-3 visa workers play a vital role.
This article explores the nature of these labor shortages, how employment-based immigration pathways like the EB-3 visa help mitigate workforce challenges, and what foreign applicants should understand about this route to work in the United States.
Why U.S. Employers Face Labor Shortages
The U.S. labor market has changed since the pandemic, and its effects linger. Although unemployment remains relatively low, growth in hiring has slowed compared with earlier years.
For example, recent data show job openings at millions of unfilled positions while hiring momentum remains below historic highs.
Several factors contribute to this persistent shortage:
Demographic changes such as aging populations reduce labor force participation.
Skills mismatches between available workers and job requirements make it harder for employers to fill certain roles.
Workers staying in current jobs rather than switching roles has also contributed to slower churn in the labor market dynamics than previously seen.
The effects are felt acutely in labor-intensive industries.
The healthcare sector, for instance, has more openings than qualified workers available, and its demand is expected to grow further as the population ages.
Accommodation, food services, and construction also report high vacancy levels relative to available hires.
These shortages can slow production, reduce service quality, and increase operational costs.
The EB-3 Visa Category Explained
The EB-3 visa workers category is part of the U.S. employment-based immigration system designed to allow foreign nationals with a job offer in the United States to pursue permanent residency.
The third preference category includes three groups: skilled workers, professionals, and other workers (those filling roles that require less than two years of experience or training).
To qualify under the EB-3 category, skilled workers must demonstrate at least two years of training or experience, professionals require a U.S. bachelor’s degree or foreign equivalent and other workers need less than two years of training or experience.
Before filing an immigrant petition, employers must obtain a PERM labor certification from the Department of Labor (DOL).
This certification confirms that there are no sufficient qualified U.S. workers willing, able, and available for the role and that hiring a foreign worker will not adversely affect wages and working conditions of U.S. workers.
Understanding Visa Availability and Backlogs
Employment-based immigrant visas including EB-3 are controlled by statutory numerical limits each fiscal year (FY), plus per-country ceilings.
Together, these caps determine whether USCIS for Adjustment of Status or a U.S. consulate for immigrant visa issuance can finalize an approval that requires an available “visa number.”
Every fiscal year, the U.S. sets a worldwide employment-based visa level (the Visa Bulletin commonly references “at least 140,000” for employment-based preference immigrants, subject to statutory formulas and spillover rules).
EB-3 is one of the employment-based preference categories competing for those numbers, and demand can exceed supply, especially when backlogs already exist for certain countries and subcategories.
When the government uses up all the EB-3 (and/or EB-3 Other Workers/EW) numbers available for that fiscal year, it may: continue processing certain steps of cases, but pause final approvals/issuances that require a number, until the new fiscal year begins and numbers reset on October 1 (the FY start date).
In addition to the worldwide annual limit, employment-based immigrants are subject to a per-country ceiling commonly summarized as 7% of the combined annual family- and employment-based preference limits. This is a major driver of country-based backlogs when demand from a particular country is high.
The U.S. Department of State’s Visa Bulletin is the operational tool that shows visa availability via: Final Action Dates when a case can be finally approved/issued, and Dates for Filing when applicants may be allowed to submit documents/applications earlier, depending on USCIS guidance.
If a category becomes “Unavailable” or is otherwise constrained late in the FY, it usually reflects that the category’s annual allocation is effectively fully used or must be held to stay within the cap.
A clear illustration occurred in FY 2025, when the Department of State announced it had issued all available immigrant visas in the Employment-Based Third Preference (EB-3) category and the “Other Workers” (EW) subcategory for that fiscal year, meaning additional finalizations requiring EB-3/EW numbers could not continue until the next fiscal year reset.
How EB-3 Visa Workers Support the U.S. Workforce
The EB-3 immigrant visa program plays an important role in helping U.S. employers fill long-term workforce gaps that are difficult to address solely through domestic hiring.
By enabling foreign nationals to obtain permanent work authorization and eventual lawful permanent residency, the EB-3 category contributes both stability and long-term labor supply across multiple sectors of the economy.
EB-3 visa workers help staff roles that employers often struggle to fill domestically due to high turnover, seasonal demand, or a lack of available U.S. workers (1) Healthcare: Hospitals, clinics, long-term care, and home health sectors have experienced persistent workforce shortages, particularly in nursing and allied health support roles. The EB-3 visa offers healthcare providers access to international nurses and support professionals who provide consistent staffing and reduce burnout among existing staff.
Hospitality & Service Industries: Hotels, resorts, and restaurants often face recruitment challenges, especially for roles like housekeeping, kitchen staff, and service team members.
EB-3 workers bring workforce continuity that supports guest satisfaction and operational reliability.
Agriculture & Food Production: Agriculture and food processing facilities depend on a reliable, year-round labor force for planting, harvesting, and processing crops, tasks that remain labor-intensive despite automation trends.
EB-3 workers in unskilled subcategories help maintain supply chains and reduce seasonal labor volatility.
Manufacturing & Skilled Trades: Manufacturing sectors often need skilled workers such as machinists and technicians, as well as other workers for assembly and logistics.
EB-3 visa sponsorship helps employers keep production on schedule and maintain supply chains.
These roles support industries that contribute significantly to the U.S. economy, healthcare alone employed over 16 million people according to recent employment data, highlighting the scale of workforce demand across sectors where EB-3 workers are active contributors.
Unlike temporary visa categories that provide short-term labor solutions, the EB-3 visa offers a path to permanent residency, which encourages workers to settle and remain in jobs long-term.
Employers benefit from greater retention and loyalty, reducing recurrent recruitment and training costs, Investment in employee development, because permanent status supports career growth and Improved operational planning, since staffing is not tied to seasonal or temporary visa caps.
This stability is especially valuable in sectors where high turnover is common and domestic labor pools are insufficient, allowing businesses to grow while enhancing service quality and productivity.
Certain jobs, particularly physically demanding or lower-wage positions are less attractive to U.S. job seekers due to local economic or demographic conditions.
The EB-3 category helps address this by allowing employers to recruit from a global labor pool: Home healthcare and elder care roles often face labor scarcity due to aging population pressures, entry-level or unskilled roles in agriculture, hospitality, and retail see lower domestic applicant volumes, trade and technical roles within manufacturing or construction face skills gaps and demographic challenges in attracting younger workers.
By accessing international talent through EB-3 sponsorship, employers maintain continuity in crucial roles that underpin economic activity and service delivery.
How To Apply for an EB-3 Visa
The EB-3 immigrant visa process is a multi-stage procedure designed to ensure that U.S. employers can lawfully hire foreign nationals for permanent employment only after demonstrating that qualified U.S. workers are not available and that all regulatory requirements are met.
This pathway includes labor market testing, petitioning with U.S. immigration authorities, and finally obtaining lawful permanent resident status through either adjustment of status or consular processing.
Step 1: Labor Market Recruitment and PERM Certification
Before petitioning for an EB-3 visa, the employer must obtain a Permanent Labor Certification (PERM) from the U.S. Department of Labor (DOL).
This requirement mandates that the employer: Conducts recruitment efforts in the U.S. to test whether qualified U.S. workers are available for the position; and shows that recruiting U.S. workers would not adversely affect the wages and working conditions of similarly employed U.S. workers.
Once the DOL reviews the application and available evidence, it may grant PERM labor certification if it determines there are no qualified, willing, and available U.S. workers for the position.
This certification is a prerequisite for all EB-3 petitions and demonstrates labor market testing compliance.
Step 2: Filing Form I-140, Immigrant Petition
After PERM certification is granted, the employer must file Form I-140, Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS).
This form serves to: Establish eligibility for the EB-3 classification based on the job’s requirements (e.g., degree or experience); Confirm that the employer has the financial ability to pay the offered wage from the date of filing onward; and
Demonstrate that the prospective foreign worker meets the minimum qualifications specified in the PERM application.
The I-140 petition must include supporting evidence such as the certified PERM, the employment offer, proof of ability to pay (e.g., tax returns or annual reports), and the foreign worker’s supporting credentials.
Step 3: Visa Availability and Adjustment of Status or Consular Processing
Once Form I-140 is approved, the final step toward securing an EB-3 immigrant visa depends on visa number availability, which is determined by the Visa Bulletin published monthly by the U.S. Department of State.
Two key concepts influence this stage: Priority Date: This is generally the date when the employer filed the PERM or, if PERM isn’t required, the date USCIS received the I-140. A foreign worker cannot take the next step in the process until this date becomes “current” in the Visa Bulletin for the applicable category and chargeability (country of birth).
Per-Country Caps: Each country has an annual cap on the number of employment-based immigrant visas issued, which can lead to extended waiting periods for applicants from countries with high demand.
Depending on the applicant’s current location: Adjustment of Status (if in the U.S.) If the foreign worker is legally present in the U.S. (e.g., on an H-1B or F-1 visa), they may file Form I-485, Application to Register Permanent Residence or Adjust Status, once the priority date is current.
This process allows them to remain in the U.S. while obtaining lawful permanent resident status without departing the country. Consular Processing (if outside the U.S.) If the foreign worker is abroad, they go through consular processing at a U.S. embassy or consulate.
Once the priority date is current and the I-140 is approved, the National Visa Center (NVC) will communicate required documentation, interviews, and medical exams before issuing an immigrant visa.
FAQs About EB-3 Visa Workers
What types of jobs are eligible under EB-3?
The EB-3 visa category covers a wide range of occupations that U.S. employers are unable to fill with available domestic workers.
These jobs fall into three subcategories: skilled workers, professionals, and other workers.
Skilled workers typically require at least two years of training or experience, while professional roles require a U.S. bachelor’s degree or its foreign equivalent.
Other workers include positions that require less than two years of training or experience, often referred to as entry-level or labor-intensive roles.
Many EB-3 eligible jobs are found in industries facing long-term labor shortages, such as healthcare support, hospitality, food processing, manufacturing, construction, and logistics.
These roles are essential to daily operations and economic stability but often experience high vacancy rates due to physically demanding work, irregular hours, or limited local labor supply.
According to the U.S. Department of Labor, employers must clearly define job requirements and ensure they are consistent with industry standards before sponsorship.How long does the EB-3 process take?
The EB-3 process involves multiple stages, each with its own processing timeline.
The first stage, the PERM labor certification, requires recruitment and review by the Department of Labor and can take several months or longer depending on audit risk and processing volume.
After PERM approval, the employer files Form I-140 with U.S. Citizenship and Immigration Services, which can take additional months depending on USCIS workloads.
The final stage depends heavily on visa availability under the monthly Visa Bulletin issued by the U.S. Department of State.
Because EB-3 visas are subject to annual limits and per-country caps, applicants from certain countries may experience longer waiting periods before a visa number becomes available.
These backlogs can extend the overall timeline to several years, making it important for applicants to monitor priority dates closely.Why is a labor certification required for EB-3 sponsorship?
The PERM labor certification exists to protect the U.S. labor market by ensuring that hiring a foreign worker will not negatively impact wages or job opportunities for U.S. workers.
Employers must conduct a good-faith recruitment process to test whether there are able, willing, qualified, and available U.S. workers for the position being offered.
This includes advertising the role and documenting recruitment outcomes.
Only after demonstrating that no suitable U.S. workers are available may an employer proceed with sponsoring a foreign worker under the EB-3 category.
This requirement reflects federal policy that employment-based immigration should supplement, not replace, the domestic workforce.
The Department of Labor oversees this process to maintain fairness and transparency in employment practices.Can family members come with an EB-3 visa worker?
Family unity is an important component of the EB-3 immigrant visa framework.
Spouses and unmarried children under the age of 21 are eligible to apply for immigrant visas as derivative beneficiaries once the principal applicant’s priority date becomes current.
This allows families to immigrate together or join the principal worker later.
Derivative family members receive lawful permanent resident status upon entry to the United States or approval of adjustment of status.
Spouses may also apply for work authorization after arrival, enabling them to participate in the U.S. labor market.
These provisions are governed by U.S. immigration law and administered by USCIS and the Department of State.
Final Thoughts
The ongoing labor shortage in the United States reflects deeper structural shifts in the workforce, including demographic changes, evolving worker preferences, and long-standing gaps between labor supply and employer demand.
Even as economic activity remains strong, many industries continue to report persistent job vacancies that limit productivity and service delivery.
Data from the Bureau of Labor Statistics consistently show millions of unfilled positions, highlighting that the issue is not temporary but part of a broader labor market realignment.
Employment-based immigration has long played a role in helping the U.S. economy adapt to these challenges, and the EB-3 visa category remains one of the primary pathways supporting workforce stability.
By allowing employers to sponsor foreign workers for permanent roles when domestic labor is unavailable, the EB-3 program addresses critical staffing gaps while maintaining safeguards through labor certification requirements.
This structure ensures that immigrant labor complements, rather than displaces, U.S. workers.
For foreign applicants, understanding the EB-3 process requires careful attention to eligibility criteria, processing stages, and visa availability trends.
Factors such as priority dates, annual visa limits, and country-specific demand can significantly influence timelines.
Monitoring official sources like the Department of State’s Visa Bulletin and USCIS processing updates is essential for staying informed throughout the process.
As labor shortages persist across key sectors, the EB-3 visa continues to serve as a vital mechanism connecting global talent with U.S. employment needs.
Its role in supporting economic continuity underscores the importance of accurate information and informed decision-making for both employers and workers navigating the employment-based immigration system.
