Terminology

ETA Form 9089 is the official application for permanent employment certification under the PERM program. For EB-3 unskilled workers, the U.S. employer must complete and submit this form to the Department of Labor (DOL). The form includes details about the job, required duties, qualifications, recruitment steps undertaken, and information about the foreign worker. By approving ETA 9089, the DOL certifies that hiring the foreign national will not negatively affect U.S. workers. Because the unskilled worker category has fewer qualification demands, the focus is often on whether the employer truly attempted to recruit U.S. workers at fair wages before turning to foreign talent.

Before recruitment begins, the employer must request a Prevailing Wage Determination (PWD) from the DOL by filing ETA Form 9141. This ensures that the offered salary meets or exceeds the standard wage for that occupation in the given geographic location.

For EB-3 unskilled workers, prevailing wages are often set at Level 1 or 2, reflecting entry-level roles. However, even in such positions, wages must be competitive with U.S. labor standards. Paying less than the prevailing wage can result in denial of certification.

The PWD step is critical: it protects both the foreign worker and the domestic labor market by ensuring fair compensation.

Labor Certification, also known as the PERM process, is the first and most essential step for an EB-3 unskilled case. The employer must prove:

• The job is genuine, full-time, and permanent
• There are no qualified U.S. workers available for the position.
• Hiring a foreign worker will not lower wages or working conditions of U.S. employees.

This process requires strict adherence to Department of Labor rules. Mistakes in advertising, recruitment, or record-keeping can result in denial or lengthy audits.

As part of PERM, the employer must conduct a labor market test during a set recruitment period. This includes:

• Posting job advertisements in newspapers and online platforms.
• Listing the position with the state workforce agency.
• Posting internal job notices at the worksite.

The goal is to give U.S. workers a fair chance to apply. If qualified U.S. applicants are found, the employer cannot move forward. If not, the employer documents the process and proceeds to file ETA Form 9089.

Once the Department of Labor certifies the labor application, the employer must file an I-140 Petition with USCIS. This establishes that the worker qualifies under the EB-3 unskilled category and that the employer has the financial means to pay the offered wage.

The I-140 also secures the worker’s priority date, which determines when they can proceed with the next step (depending on visa availability). In many cases, processing delays or backlogs in the “Other Workers” category mean beneficiaries must wait until their priority date becomes current.

For workers already in the U.S. on a valid visa, once their priority date is current, they can file for Adjustment of Status using Form I-485. This allows them to move from a temporary status (like a student or work visa) to lawful permanent residency without leaving the U.S.

During this process, applicants may also request an Employment Authorization Document (EAD) and Advance Parole (travel permission) to work and travel while their green card case is pending.

For EB-3 unskilled applicants residing outside the U.S., the green card process goes through consular processing. After the I-140 is approved and the priority date becomes current, applicants submit the DS-260 Immigrant Visa Application, attend a medical exam, and complete an interview at a U.S. Embassy or Consulate.

If approved, they receive an immigrant visa stamped into their passport, allowing them to enter the U.S. as a permanent resident.

The priority date is a worker’s place in line for an immigrant visa. For EB-3 unskilled, it is typically the date when the PERM labor certification (ETA 9089) was filed.

Each month, the Department of State publishes the Visa Bulletin, showing cutoff dates for visa availability. Applicants may only move forward with adjustment or consular processing when their priority date becomes earlier than the listed cut-off.

Retrogression happens when demand for EB-3 unskilled visas exceeds the annual limit. The Visa Bulletin cutoff date moves backward, causing long waits.

This is common in high-demand countries like India, China, and the Philippines, where applicants often face several years of backlog. Retrogression can pause a case that was otherwise ready to proceed.

EB-3 unskilled applicants can include spouses and unmarried children under 21 as derivative beneficiaries. Once the principal applicant receives permanent residency, the dependents are also granted green cards.

Spouses of applicants who file adjustment of status can apply for their own Employment Authorization Documents (EADs), allowing them to work legally while the case is pending.

During Adjustment of Status, EB-3 applicants may apply for an EAD, which allows them to legally work in the U.S. while waiting for their green card. This is especially valuable because EB-3 processing can take years.

The EAD typically has a one- or two-year validity and can be renewed until the applicant’s case is resolved.

USCIS may issue a Request for Evidence (RFE) if more information is needed to decide a case. In EB-3 unskilled petitions, common RFEs include:

• Employer’s ability to pay the prevailing wage.
• Clarification of job duties.
• Worker’s eligibility or immigration history.

Timely and thorough responses to RFEs are critical to avoid denial or delays.

The U.S. employer plays a central role in EB-3 unskilled cases. They must:

• Offer a genuine, permanent, full-time position.
• Conduct proper recruitment.
• File ETA 9089 and I-140.
• Show financial capacity to pay wages.

Without employer sponsorship, an EB-3 unskilled petition cannot exist. The success of the process heavily depends on the sponsor’s compliance.

EB-3 visas, including unskilled workers, are subject to annual limits and country caps. Only a fixed number are available each year, and if applications exceed the quota, waiting lists (backlogs) form.

This explains why EB-3 “Other Workers” often experience longer delays than Skilled Worker or Professional subcategories. Despite this, the pathway remains one of the few routes for workers without advanced degrees to obtain U.S. permanent residency.