The EB-3 category is the third employment-based preference classification under the Immigration and Nationality Act (INA). It generally covers three groups:

 
           1. Skilled workers positions requiring at least two years of training or experience;
           2. Professionals positions requiring a U.S. bachelor's degree or foreign equivalent; and
      3. Other workers positions requiring less than two years of training or experience and involving permanent, non-seasonal, unskilled labor. 

The “Other Workers” classification is particularly relevant to businesses that need workers for positions that do not require extensive formal education, professional credentials, or two years of specialized experience. 

Under INA §203(b) (3), however, Congress placed a specific numerical limitation on this third group. The statute provides that no more than 10,000 of the visas available under the EB-3 preference may be allocated to “Other Workers” in a fiscal year. 

That distinction is critical: 10,000 is not the total EB-3 limit. It is a sub-limit within EB-3. 

It is easy to misunderstand the structure of EB-3.

 
The law provides an overall allocation for the EB-3 preference category. From that pool, the “Other Workers” classification has its own ceiling of 10,000 visas per fiscal year. The remaining EB-3 numbers are available for skilled workers and professionals, subject to the applicable statutory rules and demand. 

In other words, an employer cannot assume that because EB-3 visas remain available generally, an “Other Worker” visa will necessarily be available. 

The Department of State's September 2026 Visa Bulletin expressly states that EB-3 receives 28.6% of the worldwide employment-based preference level, plus certain unused numbers, “not more than 10,000” of which may go to Other Workers.
This creates a separate supply-and-demand problem for employers sponsoring workers in occupations that fall within the Other Workers classification. 

For an employer, obtaining an approved labor certification and an approved Form I-140 is only part of the immigration process.
The employer may successfully complete the required recruitment process through the U.S. Department of Labor (DOL), obtain labor certification, and file an EB-3 Other Worker petition with U.S. Citizenship and Immigration Services (USCIS). Yet the foreign worker may still have to wait for an immigrant visa number to become available.

 
That is because petition approval does not automatically mean an immigrant visa is immediately available.
USCIS explains that EB-3 includes skilled workers, professionals, and other workers, with no more than 10,000 visas available annually for the Other Worker classification. 

For employers, this means immigration planning should account for both: 

      - the time required to obtain labor certification and I-140 approval; and
      - the potentially longer wait for visa availability. 

A company that needs workers urgently should understand these limitations before relying on EB-3 Other Worker sponsorship as an immediate workforce solution. 

Another important point is that the Other Worker category is not simply a general category for anyone without a college degree.
The statutory definition focuses on the nature of the offered employment. The worker must be capable of performing unskilled labor that is not temporary or seasonal, and qualified U.S. workers must not be available for the position under the labor-certification framework.

 
USCIS has also explained that EB-3 Other Worker cases generally involve employment requiring less than two years of training or experience. 

This makes the exact requirements stated in the labor certification extremely important.
An employer should not simply label a position “Other Worker.” The job requirements, recruitment, labor certification, petition classification, and beneficiary's qualifications must all be consistent. 

The 10,000-visa cap does not eliminate the normal requirements for EB-3 sponsorship.
For a typical employer-sponsored Other Worker case, the employer must first obtain a labor certification from the DOL. The purpose of the labor-certification process includes demonstrating that there are not sufficient U.S. workers who are able, willing, qualified, and available for the position and that employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

 
Once labor certification is approved, the employer can generally proceed with the Form I-140 immigrant petition.
The worker must satisfy the requirements stated on the certified job opportunity. USCIS decisions emphasize that the beneficiary's qualifications must correspond to the requirements established by the labor certification. 

Therefore, employers should carefully establish the position requirements at the beginning of the case rather than attempting to adjust the classification later. 

The Department of State Visa Bulletin is one of the most important resources for anyone following an EB-3 Other Worker case.

 
The Visa Bulletin establishes cut-off dates for immigrant visa availability. When a category is oversubscribed, applicants generally must have a priority date earlier than the applicable Final Action Date before an immigrant visa can be issued or permanent residence can be finalized, subject to the applicable USCIS filing procedures.

 
As of September 2026, the Other Worker category has separate Final Action Dates from the general EB-3 category.
For example, the September 2026 Visa Bulletin lists the EB-3 Final Action Date for “All Chargeability Areas Except Those Listed” as September 1, 2024, while the Other Workers category is listed at April 1, 2022. India, China, the Philippines, and other chargeability areas have their own dates. 

This difference illustrates why an employer cannot simply look at the general EB-3 date and assume that an Other Worker case has the same availability. 

Demand can exceed the annual supply of Other Worker visas.

 

The Department of State has previously announced that all available EB-3 and Other Worker immigrant visas for a fiscal year had been used. In September 2025, for example, the State Department announced that all available EB-3 and EW visas for FY 2025 had been issued and that additional issuance would resume with the beginning of FY 2026. 

This demonstrates how numerical limits can become a practical issue rather than merely a theoretical statutory restriction.
When demand is high, applicants may face significant waiting periods. Visa Bulletin dates can also move forward, remain stagnant, or retrogress depending on demand and visa-number usage. 

The State Department specifically cautioned in its September 2026 bulletin that retrogression could become necessary if additional demand develops.  

There is another technical limitation that employers and workers should know.

 
Although the statutory ceiling is commonly described as 10,000 Other Worker visas, the actual number available can be reduced because of the Nicaraguan and Central American Relief Act (NACARA). 

The Department of State explains that the annual Other Worker allocation has been reduced under NACARA provisions. For FY 2026, the reduction is limited to 116, meaning the effective annual availability can be lower than the headline 10,000 figure. 

This is one reason immigration professionals should examine the current year's Visa Bulletin rather than relying exclusively on general descriptions of the EB-3 category. 

Employers considering EB-3 Other Worker sponsorship should approach the process strategically.

 
First, classify the position correctly. Determine whether the position genuinely falls within the Other Worker category or whether it qualifies as a skilled-worker position requiring at least two years of training or experience.

 
Second, plan recruitment carefully. Mistakes during the labor-certification process can cause substantial delays and potentially require the employer to restart portions of the process. 

Third, monitor the priority date. Once a case is filed, the priority date becomes an important reference point for tracking visa availability.

 
Fourth, review the Visa Bulletin regularly. The relevant category is specifically “Other Workers,” not simply EB-3.
Finally, build realistic timelines. Employers should not promise employees immediate permanent residence simply because an I-140 petition has been approved. 

The EB-3 Other Worker pathway can be valuable for U.S. employers that need to fill permanent positions that do not require two years of specialized training or experience. But the 10,000-visa annual limitation makes this one of the more capacity-constrained areas of employment-based immigration.

 
A successful strategy requires more than filing paperwork. Employers must evaluate the job requirements, labor-certification process, beneficiary qualifications, I-140 strategy, priority date, country of chargeability, and current visa availability.

The most important takeaway is simple: an EB-3 Other Worker petition competes within a specially limited pool of immigrant visa numbers. Even when the broader EB-3 category has available numbers, the Other Worker subcategory may have its own backlog and cut-off date. 

For employers investing significant time and resources in foreign-worker sponsorship, understanding this limitation early can help avoid unrealistic expectations and improve long-term workforce planning. 

If your company is considering EB-3 sponsorship for workers in positions requiring less than two years of training or experience, experienced immigration counsel can evaluate the position, determine the appropriate EB-3 classification, and help your business plan around current visa-number limitations.