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Five Years That Reshaped the EB-3 (2021–2026)

August 19, 2026·One Way Editorial·~4 min read
Five Years That Reshaped the EB-3 (2021–2026)

The EB-3 green card, the third-preference category for skilled workers, professionals, and other workers, is the immigration system's blue-collar-to-white-collar backbone. Between 2021 and 2026 it lived through a feast of extra visa numbers, a famine of retrogression, and a slow-motion crisis in the labor certification process that feeds it. Here is the five-year arc that reshaped the EB-3, and how to navigate what it left behind.

2021-2022: the windfall years

When pandemic shutdowns collapsed family-based visa processing abroad, unused numbers spilled into employment categories, lifting the annual employment-based total from roughly 140,000 to roughly 262,000 in fiscal 2021 and roughly 281,000 in fiscal 2022. EB-3 dates surged forward, and applicants who had waited years, especially from India and China, suddenly saw filing windows open. USCIS, to its credit, transferred staff and prioritized adjustments to avoid wasting numbers, though some visas still went unused in 2021, a painful footnote for those left waiting.

2022-2024: the PERM bottleneck becomes the story

For most EB-3 cases, the green card begins with PERM labor certification: the employer tests the U.S. labor market and certifies no qualified American worker is available. In these years, Department of Labor processing slowed badly:

The rationale for PERM, protecting American workers, is sound; a system this slow protects no one and simply punishes law-abiding employers and employees. Meanwhile, demand for healthcare workers kept the Schedule A shortage-occupation shortcut for nurses and physical therapists in the spotlight, and regulators publicly explored whether the shortage list should expand.

2023-2025: retrogression and the long queue

As family processing recovered, spillover evaporated and EB-3 fell back to earth. Cutoff dates retrogressed for most of the world at various points, and India's EB-3 queue remained measured in many years. Tech layoffs in 2023-2024 disrupted pending cases, since PERM-based green cards tie workers to sponsoring employers, while portability rules offered partial relief for long-pending adjustments. The 2024 fee rule raised employer costs, and the 2025 vetting era added scrutiny of job requirements and employer legitimacy without changing the category's fundamentals.

The uncomfortable five-year lesson

EB-3's arc exposed the core problem of employer-sponsored immigration: annual limits and per-country caps set decades ago cannot serve today's economy. When the queue only moved because a pandemic accidentally freed up numbers, that is not a functioning system; it is a lottery by catastrophe. A merit-minded reform, faster labor certification, updated shortage lists, and quotas matched to demand, would serve American employers and legal immigrants alike.

What this means for you

Strategy for EB-3 candidates in 2026:

EB-3 remains a dependable path for those who plan around its delays rather than being surprised by them. In a category where timing is everything, preparation is the closest thing to a fast lane.

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