The E31 visa is the classification code for a permanent resident green card issued to a foreign professional under the third employment-based preference category (EB-3). To qualify, you need at least a U.S. bachelor’s degree or its foreign equivalent, a full-time permanent job offer in an occupation that requires that degree, and a U.S. employer willing to sponsor you through a three-step process: labor certification with the Department of Labor, an immigrant petition with USCIS, and either adjustment of status inside the country or an immigrant visa interview at a consulate abroad.1Office of the Law Revision Counsel. 8 USC 1153 – Allocation of Immigrant Visas
Who Qualifies for the E31 Classification
Federal regulations define an EB-3 professional as someone who holds at least a U.S. baccalaureate degree, or a foreign equivalent, and works in an occupation that requires that degree as a minimum for entry.2eCFR. 8 CFR 204.5 – Petitions for Employment-Based Immigrants Two things about that definition catch people off guard.
First, the degree has to be the standard minimum for the occupation itself, not just something a particular employer prefers. An accounting position that broadly requires a bachelor’s in accounting fits. A warehouse job where the employer would like a candidate with a logistics degree probably does not, because the field itself does not universally demand one.
Second, you cannot substitute work experience for the diploma. If you don’t hold a bachelor’s degree, the E31 is closed to you regardless of how long you have worked in the field. The EB-3 skilled worker subcategory (E32) or an EB-2 petition combining education and experience may be worth exploring instead.
The job offer itself has to be full-time and permanent. Temporary and seasonal positions do not qualify. And the employer files the petition on your behalf; this is not a category you can self-petition.
Step One: Prevailing Wage and PERM Labor Certification
Before your employer can file the immigration petition, they have to work through two preliminary steps with the Department of Labor.
The first is a prevailing wage determination. The employer submits Form ETA-9141 to the National Prevailing Wage Center describing the job duties, education requirements, and location. The NPWC assigns the position to one of four wage levels and sets the salary floor. As of early 2026, these determinations take roughly three months. Once you file, the details are locked in; changing the job description means starting over.
The second step is the permanent labor certification, or PERM. The employer must test the U.S. labor market by advertising the position, reviewing applications, and documenting why any U.S. applicants were not qualified. The employer then files Form ETA-9089 electronically through the DOL’s FLAG system.3U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 6 Part E Chapter 6 – Permanent Labor Certification An approved labor certification confirms that hiring you will not displace American workers or undercut local wages.
The date the DOL receives the ETA-9089 becomes your priority date. Remember that date. It determines your place in the visa queue, and depending on your country of birth it may govern your life for the next several years.
Step Two: The I-140 Immigrant Petition
Once the labor certification is approved, your employer files Form I-140, the Immigrant Petition for Alien Workers, with USCIS.4U.S. Citizenship and Immigration Services. I-140, Immigrant Petition for Alien Workers This is where you prove that you personally meet the E31 requirements and that the employer can actually pay you.
The petition package includes the approved labor certification, official college or university records showing when your bachelor’s degree was awarded and your area of study, and, for foreign degrees, a credential evaluation from a recognized agency mapping the foreign credential specifically to a U.S. bachelor’s degree.2eCFR. 8 CFR 204.5 – Petitions for Employment-Based Immigrants The job description on the I-140 must match the one on the labor certification word for word; discrepancies between the two documents are a fast route to a denial.
The employer also has to show a continuing ability to pay the offered wage from the priority date through the day you become a permanent resident.5USCIS. USCIS Policy Manual Volume 6 Part E Chapter 4 – Ability to Pay Annual reports, federal tax returns, or audited financial statements are the standard evidence. Employers with 100 or more employees can submit a statement from a financial officer instead.
The I-140 filing fee is $715. Your employer can also file Form I-907 for premium processing, which guarantees a decision, RFE, or notice of intent to deny within 15 business days.6U.S. Citizenship and Immigration Services. How Do I Request Premium Processing The premium processing fee for I-140 petitions rose to $2,965 on March 1, 2026.7USCIS. USCIS to Increase Premium Processing Fees Without it, adjudication can take many months.
Step Three: Adjustment of Status or Consular Processing
An approved I-140 does not automatically give you a green card. You still need a visa number to be available under your priority date, and then you have to complete the final step: either adjustment of status inside the U.S. or consular processing abroad.
Adjustment of Status
If you are already in the United States on a valid nonimmigrant status, you file Form I-485, Application to Register Permanent Residence. When a visa number is immediately available at the time of filing, your employer may file the I-485 concurrently with the I-140.8U.S. Citizenship and Immigration Services. Concurrent Filing of Form I-485 A pending I-485 makes you eligible for an Employment Authorization Document and advance parole for travel, which matters a great deal during a long wait.
Consular Processing
If you are outside the country, your approved petition moves to the National Visa Center. You pay fees, complete the DS-260 online immigrant visa application through the Consular Electronic Application Center, do a medical exam with an authorized physician, and gather civil documents such as birth certificates and police clearances.9Consular Electronic Application Center. Consular Electronic Application Center The process ends with an in-person interview at a U.S. Embassy or Consulate. Bring physical originals of your transcripts, degree, job offer letter, and financial documents. Approval results in an immigrant visa stamp in your passport, and your green card arrives after you enter the United States.
How Long the Wait Really Is
The EB-3 category receives 28.6 percent of the worldwide employment-based visa allocation each year, and no single country can take more than 7 percent of the total annual family and employment preference limits.10U.S. Department of State. Visa Bulletin for March 2026 For countries where demand exceeds the country cap, the backlog builds up for years.
The State Department publishes a monthly Visa Bulletin with “Final Action Dates” showing which priority dates are currently eligible for visa issuance. The March 2026 bulletin shows EB-3 final action dates of October 2023 for most countries, May 2021 for applicants born in mainland China, and November 2013 for applicants born in India.10U.S. Department of State. Visa Bulletin for March 2026 An Indian-born professional getting a priority date today can plan on waiting more than a decade before a visa number opens up.
USCIS publishes monthly guidance on whether applicants adjusting status inside the U.S. should use the Final Action Dates chart or the sometimes more favorable Dates for Filing chart.11USCIS. Adjustment of Status Filing Charts from the Visa Bulletin Filing under Dates for Filing can let you submit the I-485 earlier and secure work and travel authorization while you wait for a visa number to become available for final action.
Spouses and Children
Your spouse and unmarried children under 21 can immigrate with you as derivative beneficiaries.12U.S. Citizenship and Immigration Services. Employment-Based Immigration Third Preference EB-3 Spouses take the E34 classification and children take E35.13U.S. Department of State. 9 FAM 502.1 IV Classifications Overview They can apply with you or follow to join later. Each family member files their own DS-260 or I-485 and completes their own medical exam and background check.
If your child is approaching 21 and your priority date has a long wait, the Child Status Protection Act calculation of the child’s age (based on when a visa number first becomes available rather than biological age at filing) may determine whether they still qualify as a derivative. Families with teenagers should raise this with an immigration attorney early.
Changing Employers During the Wait
Because the wait can run into years, whether you are stuck with your sponsoring employer is often the most practical question in the whole process. The answer depends on how far along you are.
Before the I-485 is filed, you are generally tied to the sponsoring employer. If you leave and the employer withdraws the petition, you typically lose your place in line, though a petition approved for at least 180 days may preserve your priority date in some situations.
Once your I-485 has been pending for 180 days or longer, you can use “job portability” under INA Section 204(j) to change employers or positions, provided the new job is in the same or a similar occupational classification as the one in your original petition.14USCIS. USCIS Policy Manual Volume 7 Part E Chapter 5 – Job Portability After Adjustment Filing and Other AC21 Provisions You confirm the new job offer by filing a Supplement J. Switching before the 180-day mark forfeits the portability protection, so timing matters.
Where E31 Cases Commonly Fail
Several parts of the E31 process trip people up predictably.
During PERM recruitment, employers who deviate even slightly from the DOL’s advertising requirements risk denial or audit; the rules on where the job is posted, how long, and in what publications leave little room for interpretation. Mismatches between the job requirements on the labor certification and the I-140 are another frequent cause of denial, because USCIS compares the two documents closely.
Ability to pay is where small employers most often stumble. A startup that has not generated significant revenue may not be able to show through tax returns or financial statements that it can pay the prevailing wage. USCIS looks at net income and net current assets; if neither exceeds the offered salary, the petition is denied unless the employer can point to something like payroll records showing consistent payment of your wages already.
For applicants with foreign degrees, a weak credential evaluation is a surprisingly common problem. The evaluation needs to come from a recognized agency and has to map the foreign credential specifically to a U.S. bachelor’s degree in a defined area of study. A vague equivalency statement often triggers a Request for Evidence, and missing the response deadline (generally 84 calendar days plus mailing time) almost always ends in denial.15U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1 Part E Chapter 6 – Evidence Treat any RFE as urgent even when the timeline feels generous.