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An EB-3 Strategy Centered on Applicant Age and the Timing of the Labor Certification Filing

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One question people planning to immigrate to the United States often ask is what age you can apply for EB-3 Other Workers.

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"Can I start EB-3 right after graduating from high school?"

"I am not yet 18 — can I begin the green card process in advance?"

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For families planning a child's U.S. education and green card together, when to start the process matters a great deal. Because EB-3 Other Workers covers positions that do not require a college degree or professional experience, it is one of the employment-based routes that can be pursued at a relatively young age.

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In practice, EB-3 Other Workers cases are generally handled on the basis of filing the LC (Labor Certification) after the applicant turns 18.

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■ Can You Prepare for EB-3 Other Workers From Age 18?

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EB-3 Other Workers is the employment-based category in which a U.S. employer hires a foreign worker for a permanent, full-time position requiring less than two years of experience or training, and sponsors that worker for permanent residence.

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Because it is not a category that necessarily requires a college diploma, a particular major, or professional experience, a young applicant who has finished high school can reasonably consider it.

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That said, there is no separate statutory minimum age of "18 or older" under immigration law that applies uniformly to every EB-3 Other Workers applicant.

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Even so, age 18 becomes an important benchmark in the actual process. EB-3 is not simply a system for applying for a green card; it is an employment-based route premised on the applicant actually working for the sponsoring employer after obtaining permanent residence.

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■ Why Does Age 18 Become an Important Benchmark?

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In the United States, work under the age of 18 is not entirely prohibited, but there are various restrictions on the tasks a minor may perform and on their working conditions.

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Among the occupations commonly seen in EB-3 Other Workers cases — manufacturing, food processing, logistics — there are situations where minors are restricted from operating certain machinery or performing work that carries risk. Individual employers likewise often set 18 or older as a hiring condition, taking into account the nature of the work and the working environment.

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When actually pursuing EB-3 Other Workers, then, you have to confirm not only the applicant's age but also that employer's hiring conditions and the work that will actually be performed.

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Taking this into account, our office generally reviews the case schedule on the basis of filing the LC after the applicant has turned 18.

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■ Preparation Is Possible Even Before Turning 18

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Planning to file the LC after age 18 does not mean that all preparation has to wait until after the birthday.

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EB-3 requires several preliminary steps before the LC is filed, including the employer's prevailing wage determination and recruitment advertising. It is therefore possible to identify a suitable employer and position and prepare the necessary documents several months before turning 18.

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For example, if an applicant will turn 18 in a few months, one approach is to prepare the case in advance while considering both the expected birthday and the employer's hiring schedule, and to arrange the timeline so that the LC can be filed as soon as possible after the applicant turns 18.

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Because the overall processing time for EB-3 Other Workers tends to be long, preparing in advance to avoid unnecessary loss of time is more important than starting to look into everything only after the birthday has passed.

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■ Is Starting Right After High School Graduation Possible?

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If the applicant has turned 18 and meets that employer's hiring conditions, EB-3 Other Workers can be started right after high school graduation.

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One of the defining features of EB-3 Other Workers is that it does not require advanced education or professional experience. It is therefore not a green card category you can only apply for after graduating from a U.S. college or accumulating several years of work experience.

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For a young applicant planning to study, work, and settle in the United States over the long term in particular, securing a priority date relatively early — given EB-3's long processing time — can be a strategy in itself.

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If you are planning to study in the U.S., however, the relationship between the EB-3 process and the F-1 student visa also needs to be considered. Because EB-3 is an immigration process aimed at obtaining permanent residence, you should assess the possibility of issues related to immigrant intent arising in a future nonimmigrant visa application or at the port of entry.

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■ The Younger You Start, the More the Whole Timeline Has to Be Examined Together

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An applicant around the age of 18, unlike a typical adult applicant, has to weigh future studies, military service, and plans for study and employment in the U.S. all at once.

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For male applicants in particular, the military service schedule needs to be reviewed alongside the EB-3 processing period, and if study in the U.S. is planned, the issuance and maintenance of an F-1 visa and the possibility of a future change of status in the U.S. should also be built into the overall plan.

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EB-3 Other Workers is not a route where starting the process now means departing for the U.S. and beginning work right away. Because it requires the LC, the I-140, waiting for the visa bulletin, and consular procedures, reaching permanent residence takes a considerable amount of time.

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The younger the applicant, therefore, the more important it is to plan with an eye not only on their current age but on the point several years out when the green card will actually be obtained.

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■ If You Are Approaching 18, You Can Prepare in Advance

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EB-3 Other Workers does not carry a statutory minimum age of 18 that applies to every applicant. But once actual employment conditions and U.S. regulations on minors' labor are taken into account, age 18 becomes an important practical benchmark in most EB-3 Other Workers cases.

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For that reason, our office generally recommends proceeding on the basis of filing the LC after the applicant turns 18.

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There is no need, however, to wait until turning 18 to begin preparing. If the birthday is a few months away, you can identify a suitable employer and position in advance, carry out the necessary preparation, and design the schedule so the LC can be filed as soon as possible after turning 18.

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Given how long the overall EB-3 Other Workers timeline is, for anyone planning U.S. immigration over the long term, how early you can secure a priority date can matter more than how young you are when you start.