How to Support Faster EB-3 Visa Processing Times:

PERM Backlog Reduction Act
Dignity Act of 2025

EB-3 vs H-1B: Which Visa Fits You? (2026 Guide)

Food production worker in a white coat and gloves packing frozen pizzas on a conveyor line

Summary:

H-1B is a temporary visa for jobs requiring at least a bachelor’s degree in a specific field, and selection depends on a lottery. EB-3 Other Workers requires no degree for jobs needing less than 2 years of experience, has no lottery, and leads to a green card, but takes 48+ months.

Listen the article:

If you’re comparing the EB-3 vs H-1B visas, here’s the short answer. The H-1B is a temporary work visa for jobs that require at least a bachelor’s degree in a specific field, and you have to be picked in a yearly lottery to get one. The EB-3 is a green card. Its Other Workers category is open to jobs that require less than 2 years of experience and no degree at all.

For most people reading eb3.work (restaurant, hotel, factory, cleaning and warehouse workers), the H-1B isn’t an option. That’s not bad news. The EB-3 visa leads straight to permanent residence, without a lottery and without a temporary visa first. The honest downside: the EB-3 visa currently takes 48+ months.

In this guide you’ll learn:

  • How the EB-3 and H-1B visas compare on requirements, cost, time and family
  • What changed for the H-1B visa in 2026, including the $100,000 payment and the new wage-based lottery
  • A simple checklist to see which path fits you

The EB-3 vs H-1B Visas at a Glance

EB-3 (Other Workers)H-1B
Type of visaImmigrant visa (green card)Temporary work visa
Who it’s forWorkers in jobs that require less than 2 years of experienceWorkers in “specialty occupations”
Degree required?NoYes, at least a bachelor’s in a specific field (or equivalent)
Lottery?No, you wait in line by priority dateYes, every March
Yearly limit10,000 green cards for Other Workers65,000 + 20,000 for U.S. master’s degrees
How long you can stayPermanentlyUsually 3 years, up to 6 in most cases
FamilySpouse and children under 21 can get green cards tooSpouse and children can get H-4 status
Change employers?After you’re a permanent resident, yesOnly if a new employer files a new petition
Typical jobsFood processing, hotel housekeeping, quick service restaurants, cleaning, assemblySoftware, engineering, accounting, finance
Time to start working in the U.S.Around 48+ months end to endAbout 6 months after lottery selection, if picked

The rest of this guide explains each row in plain words.

What Is the H-1B Visa?

Jobs That Require a Degree

The H-1B visa is for specialty occupations. Under the federal rules, that means a job that requires highly specialized knowledge and at least a bachelor’s degree in a specific field (or its equivalent) just to get started.

Examples are software developers, civil engineers, accountants and financial analysts.

The key point is that the job itself has to require the degree. Restaurant crew, hotel housekeeping, cleaning, food processing and assembly jobs don’t require a degree, so they don’t qualify for H-1B. This is true even if the worker happens to have a degree.

The H-1B Visa Lottery

Congress allows 65,000 new H-1B visas each year, plus 20,000 more for people with a U.S. master’s degree or higher. Many more people apply than there are spots, so employers register their workers every March and USCIS picks registrations at random.

Many more employers register than there are spots, so most registrants aren’t picked.

If an employer’s registration is picked, it can file the full H-1B visa petition. The job can’t start before October 1, the start of the government’s fiscal year.

How Long It Lasts

An H-1B visa is usually granted for up to 3 years and can be extended, generally to a total of 6 years. Extensions past 6 years may be possible for people with a pending green card case.

The H-1B visa allows dual intent. That means you can hold an H-1B visa and apply for a green card at the same time, without breaking the rules of your visa. But the visa itself is temporary. When it ends, you need another status or you have to leave.

What Changed for the H-1B Visa in 2026

Two big changes made the H-1B visa even harder to reach for workers outside the United States.

The $100,000 Payment for Workers Abroad

In September 2025, a presidential proclamation restricted the entry of H-1B workers unless their employer’s petition came with a $100,000 payment. On September 18, 2026, a new proclamation extended this for another 12 months, until September 21, 2027.

Here’s what it means in plain words:

  • It targets H-1B visa petitions for workers who are outside the U.S.
  • The employer must make the payment and keep proof of it before filing.
  • The government can make exceptions it considers in the national interest.

For an entry-level worker abroad, the practical result is simple. Very few employers will pay $100,000 on top of normal costs to bring in one worker. And entry-level jobs don’t qualify for an H-1B visa anyway.

A Lottery That Favors Higher Wages

Starting with the FY 2027 season, the H-1B visa lottery isn’t fully random anymore. A rule that took effect on February 27, 2026 gives each worker a number of entries based on the wage level of the job offer:

  • Wage Level IV (highest): 4 entries
  • Wage Level III: 3 entries
  • Wage Level II: 2 entries
  • Wage Level I (lowest): 1 entry

Lower-paid offers get the fewest chances. Even for degree jobs, starting positions are now less likely to be picked.

These rules have changed quickly, and this section reflects them as of November 2026.

What Is the EB-3 Visa?

Three Groups, One Permanent Residence Visa

The EB-3 visa is an employment-based green card with three groups:

  • Skilled workers: jobs that require at least 2 years of training or experience
  • Professionals: jobs that require a U.S. bachelor’s degree or a foreign equivalent
  • Other Workers: jobs that require less than 2 years of training or experience

Other Workers is the group that matters for most eb3.work readers. No degree is required, and many jobs require little or no experience. Read more about EB-3 Other Workers.

How the Process Works

In the EB-3 visa, the employer is the petitioner and the worker is the beneficiary. You can’t apply on your own. A U.S. employer has to offer you a full-time, permanent job and sponsor you.

The main steps are:

  1. PERM labor certification: the employer requests a prevailing wage from the Department of Labor, tests the U.S. job market, and files the ETA-9089. See PERM processing time.
  2. Form I-140: the employer petitions USCIS to approve you for the job.
  3. Waiting for your priority date: your place in line is set by your priority date.
  4. Final step: the DS-260 and an interview at a U.S. embassy or consulate if you’re abroad, or Form I-485 if you’re already in the U.S. and eligible.

For the full picture, see how the EB-3 process works.

The 10,000 Cap

Only 10,000 green cards a year go to the EB-3 Other Workers category, for the whole world. Spouses and children count against that number too. That small limit is the main reason the Other Workers line is long.

Key Differences Between the EB-3 and H-1B Visas

Temporary Visa vs Green Card

An H-1B visa lets you work for the employer that sponsored you, for a limited time. If you lose the job, you have a short grace period to find a new sponsor, change status or leave.

An EB-3 visa ends with a green card. As a permanent resident you can live in the U.S. long term, change jobs, travel within the green card rules, and later apply for citizenship. You’re expected to take the sponsored job when you get your green card, since that’s the job the process was built on.

Education and Experience Required

  • H-1B visa: the job requires at least a bachelor’s degree in a specific field, and you must have that degree or its equivalent.
  • EB-3 visa Other Workers category: no degree is required. The job requires less than 2 years of training or experience.

This is the difference that decides things for most of our readers. If the job doesn’t require a degree, the H-1B visa is not available. Full stop.

Lottery vs Line

The H-1B visa is a matter of chance. Each year you either get picked or you don’t, and you can try again next year.

The EB-3 visa process is a line. Once your employer files the PERM, you get a priority date. You move forward as the monthly Visa Bulletin advances. It’s slow, but nobody is drawing names.

Cost and Who Pays

H-1B visa: the employer pays most of the cost. Under Department of Labor rules, the worker can’t pay any part of the H-1B additional filing fee, directly or through wage deductions. For workers abroad, the employer would also have to make the $100,000 payment under the current proclamation.

EB-3 visa: the employer must pay all PERM labor certification costs, including the attorney’s work on PERM. Workers can’t pay these by law (20 CFR 656.12). For a full list of costs, see the EB-3 cost breakdown. Other costs, like the I-140 fees and the visa fees, can be paid by either the employer or the worker.

In eb3.work’s program, the beneficiary pays everything except PERM. The attorney represents only the employer, who petitions for you. Our team coordinates between the employer’s attorney and the worker at the visa stage.

Family

  • H-1B visa: your spouse and unmarried children under 21 can get H-4 status. Spouses can only work in limited cases.
  • EB-3 visa: your spouse and unmarried children under 21 can get green cards with you as derivatives. Once they’re permanent residents, they can work and study like you.
EB-3 vs H-1B: without a bachelor's degree, or for a job that does not require one, the path is the EB-3 visa (Other Workers); a job that requires a specialty degree points to the H-1B

Which Is Faster: EB-3 or H-1B?

If you qualify for an H-1B visa and get picked, this is faster to start working. Selection happens in March and work usually starts in October. But it’s only for degree jobs, it’s a gamble every year, and it doesn’t give you a green card. Many H-1B visa workers still end up in a green card line later.

The EB-3 visa Other Workers category is slower to start but ends with permanent residence. Total time is:

PERM + I-140 + waiting for your priority date + visa interview

End to end, that’s often 48+ months for Other Workers. For current numbers, see current EB-3 processing times.

Here are the EB-3 Other Workers dates from the November 2026 Visa Bulletin:

CountryFinal Action DateDate for Filing
All countries not listedJune 1, 2022July 1, 2022
MexicoJune 1, 2022July 1, 2022
PhilippinesJanuary 1, 2022June 1, 2022
IndiaJanuary 22, 2014January 15, 2015
China (mainland born)October 1, 2019October 1, 2020

In plain words: for most countries, visas are now being issued to Other Workers whose priority date is before June 1, 2022. That means people who started roughly four years ago. These dates change every month, and they can also move backward.

eb3.work supports the Dignity Act (H.R. 4393), which would change some of the reasons this line is so long. Spouses and children would no longer count against the yearly green card limits, and the per-country limit would rise. The bill is not law yet, and its text could change. Learn about the Dignity Act.

Can You Go From an H-1B to an EB-3 Visa?

Yes. Many H-1B visa workers move to a green card through the EB-3 process. Their employer files a PERM and an I-140, usually as a skilled worker or professional. Because the H-1B visa allows dual intent, this doesn’t cause a problem with their visa.

This route is for people who already hold an H-1B visa. If that’s you, read EB-3 for H-1B visa holders.

If your job doesn’t require a degree, there’s no H-1B visa step. You go straight to the EB-3 visa.

What About the H-2B Visa?

There is a temporary visa for entry-level jobs that don’t require a degree: the H-2B. It covers seasonal or temporary non-farm work, like landscaping, resort jobs and seasonal food processing.

This visa is different from those above:

  • Unlike the H-1B visa, it doesn’t require a degree.
  • Unlike the EB-3 visa, it’s temporary and doesn’t lead to a green card by itself.

Some H-2B visa workers later find an employer to sponsor them for an EB-3 visa. See H-2B to green card and our comparison of EB-3 vs H-1B vs H-2B.

Two Examples: How the Choice Plays Out

Real cases are easier to follow than rules. Here are two simple examples.

Example 1: Maria, a Hotel Housekeeper in Mexico

Maria has finished high school and has worked in hotel housekeeping for one year. A U.S. hotel offers her a full-time, permanent housekeeping job and agrees to sponsor her.

  • H-1B visa? No. Housekeeping doesn’t require a bachelor’s degree, so it isn’t a specialty occupation. The hotel can’t register her in the lottery.
  • EB-3 visa? Yes. The job requires less than 2 years of experience, so it fits Other Workers. The hotel files the PERM, then the I-140. Maria gets a priority date and waits for it to become current in the Visa Bulletin.
  • What she should expect: several years from start to green card. She stays in Mexico during the wait, then attends her interview at the U.S. consulate.

Example 2: Ravi, a Software Engineer in India

Ravi has a bachelor’s degree in computer science. A U.S. tech company offers him a software engineering job.

  • H-1B visa? Possibly. The job requires a specific degree, and he has it. But he is abroad, so under the current proclamation the employer would have to pay $100,000. He also has to be picked in the lottery.
  • EB-3 visa? Also possible, as a professional. But India has the longest EB-3 visa line in the bulletin, so his wait could be much longer than Maria’s.

The point: the H-1B visa question only comes up when the job requires a degree. For jobs like Maria’s, an EB-3 visa is the path.

Which One Is Right for You? A Quick Checklist

Answer each question honestly:

  1. Do you have a bachelor’s degree (or equivalent) in a specific field? If no, the H-1B visa is not an option. Look at the EB-3 visa Other Workers category.
  2. Does the job require that degree? If no, it’s not an H-1B visa job, even if you have the degree.
  3. Does the job require less than 2 years of experience? That’s the EB-3 visa Other Workers category.
  4. Are you outside the U.S. right now? Under current rules, an H-1B visa employer would have to pay $100,000 to bring you in.
  5. Do you want to live in the U.S. permanently? The EB-3 visa process ends with a green card. The H-1B visa doesn’t.
  6. Can you wait several years? The EB-3 visa is a long-term plan. Keep your job and life stable at home while your case moves.

If you answered “no” to the first two questions, your realistic employer-sponsored path is the EB-3 visa Other Workers category.

The employer and its attorney decide which category to file. If you’re offered sponsorship, request that they explain the category and why it fits the job.

Common Myths About the EB-3 and H-1B Visas

“The H-1B visa is a green card.” No. It’s temporary. A green card requires a separate process, often EB-2 or EB-3.

“The EB-3 visa is only for skilled workers.” No. The Other Workers group exists for jobs that require less than 2 years of experience.

“Anyone can enter the H-1B visa lottery.” Only for jobs that require a specific bachelor’s degree, and only if you have it.

“With an EB-3 visa, I can work in the U.S. while I wait.” Not if you’re abroad. Workers who process through a U.S. consulate usually wait in their home country until they get the visa.

“A green card through the EB-3 visa process is weaker than one through the H-1B one.” The H-1B visa doesn’t give a green card. And a green card is the same once approved, whatever category led to it.

Frequently Asked Questions

  1. Which is better, the H-1B or EB-3 visa?

    It depends on the job and your education. The H-1B visa is faster to start but temporary, requires a specific degree, and depends on a lottery. The EB-3 visa is slower but ends with a green card. For workers without a degree, the EB-3 visa Other Workers category is the only one of the two that’s available.

  2. Who qualifies for an EB-3 visa?

    A worker who has a full-time, permanent job offer from a U.S. employer that’s willing to sponsor them. They also have to meet the job’s requirements. For Other Workers, the job requires less than 2 years of training or experience. The employer must complete PERM and get an I-140 approved first.

  3. Is an EB-3 visa hard to get?

    The requirements aren’t hard for Other Workers. A degree isn’t required, and many jobs require little experience. The hard part is time. The 10,000-a-year limit means several years of waiting, and you need an employer willing to sponsor you through the whole process.

  4. Does the EB-3 visa give you a green card?

    Yes. The EB-3 visa is an immigrant visa, so it ends with a green card (permanent residence). Your spouse and unmarried children under 21 can get green cards too.

  5. Can I apply for an H-1B visa without a degree?

    Generally no. The job must require at least a bachelor’s degree in a specific field, and you must have it or its equivalent. Equivalent can include a mix of education and work experience, but this is evaluated case by case and doesn’t apply to entry-level jobs.

  6. Do I need to win a lottery for an EB-3 visa?

    No. There’s no lottery. You wait in line by your priority date, and you move forward as the monthly Visa Bulletin advances.

  7. Can I have the H-1B and EB-3 visas at the same time?

    Yes. Because the H-1B visa allows dual intent, an H-1B visa worker’s employer can sponsor them for an EB-3 green card while they keep working on the first.

Ready to Look at EB-3 Jobs?

If you don’t have a degree, EB-3 Other Workers is your path to a U.S. green card through work. Employers in restaurants, hotels, food processing and manufacturing sponsor these jobs now.

Browse EB-3 jobs with sponsoring employers and learn how the EB-3 process works before you apply.

Sources

Post updated:

Looking for
an EB-3 Visa Job?​

Find your perfect job opportunity with an EB-3 visa. Apply for a job today and take the first step toward obtaining your Green Card and building your future in the United States.

Find EB-3 Visa Jobs

Related posts

Employers – How to Survive High Employee Turnover Rates in 2024

Employee turnover is a perennial challenge for the restaurant industry in the United States, impacting operational efficiency, customer service quality, and overall profitability. Restaurant owners and managers continue to grapple ...

Read more

Tackling the 2026 Labor Shortage in Maryland: Causes, Data, and EB-3 Visa Solutions

Tackling the 2026 Labor Shortage in Maryland The Maryland labor shortage 2026 remains a serious challenge for employers across healthcare, hospitality, construction, manufacturing, and agriculture. Despite steady economic growth, many ...

Read more

USCIS Changes Filing Location for Form I-907 for Pending Form I-140

From USCIS on 12/13/23: U.S. Citizenship and Immigration Services will begin transitioning the filing location for Form I-907, Request for Premium Processing, when filed for a pending Form I-140, Immigrant ...

Read more

EB-3 job in Savannah

Starting Your EB-3 Job in Savannah, Georgia?

If you’re preparing to start your EB-3 job in Savannah, Georgia, you’re in for more than just a new career opportunity, you’re about to experience one of the most enchanting ...

Read more

EB-3 Visa for Families: Can My Spouse and Children Work Immediately?

Can my spouse work right away if I get an EB-3 visa? This is often the very first question families ask before deciding to move forward. Behind that question is ...

Read more

EB-3 Visa Sponsorship for Employers: How U.S. Businesses Can Fill Labor Gaps with Qualified Foreign Workers

Many employers in the United States are facing ongoing challenges in finding dependable workers for crucial jobs in hospitality, warehousing, janitorial services and food production. These industries often struggle with ...

Read more