EB-3 Unskilled Worker Visa in Ontario: Green Card for Non-Professional Workers
Employment-based green card path for workers without advanced degrees or specialized skills
Quick Answer
For workers in Ontario and the Inland Empire without college degrees or specialized training, the EB-3 'Other Worker' category provides a pathway to permanent residence through employment. While wait times are longer than skilled worker categories, this option remains available for dedicated workers willing to go through the process. SoCal Immigration Services helps employers and workers navigate this employment-based green card option.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
For workers in Ontario and the Inland Empire without college degrees or specialized training, the EB-3 'Other Worker' category provides a pathway to permanent residence through employment. While wait times are longer than skilled worker categories, this option remains available for dedicated workers willing to go through the process. SoCal Immigration Services helps employers and workers navigate this employment-based green card option.
What Is the EB-3 Unskilled Worker (Other Worker) Category?
• EB-3 Professionals: Requiring a bachelor's degree
• EB-3 Skilled Workers: Requiring 2+ years of training or experience
• EB-3 Other Workers (Unskilled): For jobs requiring less than 2 years training
The 'Other Worker' subcategory is designed for positions that don't require college degrees or extensive training - jobs that can be learned in under 2 years. This opens green card opportunities for hardworking individuals in many essential industries.
Who Can Qualify for EB-3 Unskilled Worker?
- •Food service workers and kitchen staff
- •Agricultural workers and farm laborers
- •Housekeeping and janitorial workers
- •Warehouse workers and material handlers
- •Construction laborers (general labor, not skilled trades)
- •Landscaping and groundskeeping workers
- •Assembly line workers
- •Caregivers and home health aides (basic care)
- •Hotel and hospitality workers
- •Retail and grocery store workers
Requirements for EB-3 Other Worker Green Card
- •Job offer from a U.S. employer willing to sponsor
- •Employer must prove no qualified U.S. workers available
- •Position must be permanent and full-time
- •Job requires less than 2 years training/experience
- •Worker must be able to perform the job duties
- •Employer must pay prevailing wage
- •Worker must be otherwise admissible to the U.S.
The EB-3 Unskilled Worker Process
- 1Prevailing Wage Determination
Employer requests wage determination from Department of Labor for the position
- 2PERM Labor Certification
Employer conducts recruitment and proves no qualified U.S. workers available
- 3I-140 Petition
After PERM approval, employer files immigrant petition with USCIS
- 4Wait for Priority Date
Wait until visa bulletin shows your priority date is current
- 5Adjustment of Status or Consular Processing
File I-485 if in U.S. or process visa at consulate if abroad
- 6Green Card Issued
Receive permanent resident status upon approval
EB-3 Unskilled Worker Wait Times
| Country of Birth | Approximate Wait Time | Notes |
|---|---|---|
| Mexico | 8-10+ years | Significant backlog |
| Philippines | 8-10+ years | Significant backlog |
| India | 10+ years | Longest waits |
| China | 8-10+ years | Significant backlog |
| All Other Countries | 5-8 years | Better but still lengthy |
| El Salvador, Guatemala, Honduras | 8-10+ years | Significant backlog |
PERM Labor Certification for Unskilled Positions
• Recruitment: Employer must advertise the position and prove no qualified U.S. workers applied or were rejected for lawful reasons
• Job Requirements: Cannot require more than 2 years of training or experience
• Prevailing Wage: Must pay at least the DOL-determined wage for the occupation and area
• Legitimate Business Need: Position must serve genuine permanent business need
• No Tailoring: Job requirements cannot be tailored to the specific foreign worker
Industries Using EB-3 Unskilled Category in Ontario
- •Logistics and warehousing (fulfillment centers, distribution)
- •Food processing and manufacturing
- •Agricultural operations
- •Hotels and hospitality
- •Healthcare facilities (nursing homes, assisted living)
- •Construction companies (for general laborers)
- •Landscaping and property maintenance
- •Commercial cleaning services
Employer Responsibilities in EB-3 Sponsorship
• Financial: Pay all PERM and I-140 filing fees (worker can pay I-485 fees)
• Recruitment: Conduct good-faith recruitment per DOL requirements
• Job Preservation: Keep the position available throughout the process
• Wage Commitment: Pay at least the prevailing wage upon green card approval
• Documentation: Maintain recruitment records for 5 years
• Intent: Have genuine intent to employ the worker permanently
Maintaining Status During the Long Wait
• H-2A Agricultural Workers: Can maintain status through visa renewals
• H-2B Other Temporary Workers: Limited to 3 years, may need to depart
• Those Already in U.S.: May need to explore other visa options during wait
• Those Abroad: Can wait in home country for visa availability
• AC21 Portability: After I-485 pending 180 days, may change to similar job
Why Choose SoCal Immigration Services?
- •PERM labor certification document preparation
- •Job posting and recruitment guidance
- •I-140 petition support
- •I-485 adjustment of status preparation
- •Priority date tracking and visa bulletin monitoring
- •Arabic-speaking staff for Middle Eastern workers
- •Coordination with immigration attorneys
FAQFrequently Asked Questions
Q:Can I change jobs while waiting for my EB-3 unskilled green card?
A: Once your I-485 has been pending for 180 days and your I-140 is approved, you can change to a similar job under AC21 portability rules. Before that point, changing jobs typically means starting the process over with a new employer.
Q:Does the employer have to pay all the fees?
A: Employers must pay PERM and I-140 filing fees - it's illegal to pass these costs to the worker. However, the worker can pay their own I-485 adjustment of status fees, EAD fees, and associated costs once eligible to file.
Q:What if the employer goes out of business during the process?
A: If your I-140 was approved for at least 180 days before the employer closed, you can 'port' to a new employer in a similar position using AC21. If the I-140 wasn't approved that long, you may need to restart with a new employer.
Q:Can my family get green cards through my EB-3 case?
A: Yes, your spouse and unmarried children under 21 can get green cards as derivative beneficiaries. They file their own I-485 applications when your priority date becomes current. Children must be under 21 when I-485 is filed (CSPA rules apply).
Q:Why is the 'Other Worker' wait so much longer than EB-3 skilled?
A: Congress caps the entire EB-3 category at about 40,000 visas per year, with only 10,000 allocated to 'Other Workers.' This limited supply combined with high demand creates the lengthy backlog. Skilled workers and professionals share the remaining 30,000+ visas.
Q:Can I work for any employer once I get the green card?
A: Yes, once you receive your green card, you're a permanent resident and can work for any employer in any position. You're no longer tied to the sponsoring employer. Some workers choose to stay, others move on to new opportunities.
Employer or Worker Interested in EB-3 Unskilled Category?
We help Ontario employers sponsor workers and assist workers navigating the employment-based green card process. Contact us to learn more.
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