· Business Immigration Law · 5 min read
How the EB-3 Green Card Process Works, Step by Step
An EB-3 case runs through the Department of Labor, then USCIS, then a wait for a visa number. Here is each stage and what decides how long it takes.
The EB-3 green card process has three stages run by three different parts of the government. The Department of Labor certifies that no qualified U.S. worker is available for the job. USCIS approves the employer’s immigrant petition. Then the worker waits for a visa number and either adjusts status in the United States or attends an interview at a consulate. Each stage has its own forms and its own delays, and the third stage, the wait for a visa number, is often the longest. Here is the sequence and what you can control at each step.
Step 1: Define the job and its requirements
Everything starts with the job description. The employer sets the duties and the actual minimum education, training, and experience the job requires. Those requirements decide whether the case is EB-3 skilled worker, professional, or other worker, and whether it could qualify for EB-2 instead. Our guide to the three EB-3 subcategories explains how that works, and our EB-3 green card page covers how we draft requirements that match the worker’s documented background.
Confirm at this point that the worker already meets every requirement. Experience gained after the PERM filing date does not count.
Step 2: Prevailing wage and PERM labor certification
The employer requests a prevailing wage determination from the Department of Labor on Form ETA-9141. The offered wage must be at least that figure. The employer then runs the recruitment the PERM rules require: a job order with the state workforce agency, newspaper advertising, and additional recruitment steps for professional positions. After a mandatory waiting period and a review of every applicant, the employer files Form ETA-9089.
The PERM filing date becomes the worker’s priority date, the place in line that matters for the rest of the case. The Department of Labor may certify, deny, or audit the application. Our walkthrough of the PERM labor certification process covers each recruitment step in detail.
Step 3: File Form I-140 with USCIS
Once the PERM is certified, the employer has 180 days to file Form I-140, the immigrant petition, with USCIS. Miss that window and the labor certification expires, sending the employer back to the start.
The I-140 must show two things beyond the certified PERM. The worker must meet the job’s requirements, usually through experience letters, degrees, and credential evaluations. And the employer must have the ability to pay the offered wage from the priority date onward. Premium processing is available for EB-3 I-140 petitions; check the current USCIS fee. When either showing is weak, USCIS issues a Request for Evidence, and our post on EB-3 I-140 denials and RFEs covers how those usually arise.
Step 4: Wait for the priority date to become current
The EB-3 category has an annual limit, and no single country can use more than a set share of it. When demand exceeds supply, a line forms, and the State Department’s monthly Visa Bulletin shows how far it has moved for each country. The bulletin has two charts: Final Action Dates, when a green card can actually be approved, and Dates for Filing, when USCIS may let you submit the green card application early. Each month USCIS announces which chart applies.
Workers born in high-demand countries can wait far longer than others in the same category. The approved I-140 keeps the priority date in most situations, even if the worker later changes employers and starts a new case, unless the approval is revoked for fraud, misrepresentation, or a material error.
Step 5: Adjust status or process through a consulate
If the worker is in the United States in lawful status and the priority date is current under the chart USCIS is using, the worker files Form I-485 to adjust status. It can be filed with the I-140 if the date is already current. The I-485 package includes the medical exam on Form I-693 and, usually, applications for a work permit and advance parole on Forms I-765 and I-131.
If the worker is abroad, the approved I-140 goes to the National Visa Center. The worker files Form DS-260, submits civil documents, and attends an immigrant visa interview at a consulate. The green card is issued after entry.
Protections while you wait
Two rules from the American Competitiveness in the Twenty-First Century Act, known as AC21, matter for long EB-3 waits. Once an I-485 has been pending for 180 days, the worker can move to a new employer in a same or similar occupation without restarting the case, by filing Supplement J. And H-1B workers can, in defined circumstances, extend H-1B status beyond the usual six-year limit while a PERM or I-140 is pending or approved.
What drives the EB-3 green card timeline
We do not quote fixed timelines because each stage moves on its own. The main drivers are Department of Labor processing for prevailing wages and PERM, the chance of a PERM audit, USCIS processing for the I-140 and I-485, and above all the Visa Bulletin for your country. Our employer-sponsored green card page covers the employer’s obligations from start to finish.
If you are an employer starting an EB-3 case or a worker planning around the wait, a consultation with Capitol Law Partners can map each stage to your situation. Schedule a consultation.
This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.
Attorney Cagatay Ersoy. Practical strategy for founders, investors, and growing companies.
Need help with this topic? See our EB-3 employer-sponsored green card page or schedule a consultation.
