The EB-3 process steps run in a fixed sequence: the U.S. employer gets a prevailing wage determination, conducts recruitment, files a PERM labor certification with the Department of Labor, files an I-140 immigrant petition with USCIS, waits for a visa number to become available based on the priority date, and then the worker files either Form I-485 inside the United States or applies through a consulate abroad to receive the green card. Start to finish, most cases take several years, and for applicants from India or China the visa-number wait alone can stretch beyond a decade.
Which EB-3 Category You Fall Into
The EB-3 category has three subgroups, and the one you fit determines how long the visa-number wait will be. Skilled workers are people whose jobs require at least two years of training or experience. Professionals hold a bachelor’s degree (U.S. or foreign equivalent) and work in a field where that degree is the baseline for entry. Other workers perform unskilled labor requiring less than two years of training. All three need a permanent, full-time job offer from a sponsoring U.S. employer.1Office of the Law Revision Counsel. 8 USC 1153 – Allocation of Immigrant Visas
Congress caps EB-3 visas at 28.6 percent of the worldwide employment-based allocation each year, plus unused numbers from EB-1 and EB-2. Within that, no more than 10,000 per fiscal year go to “other workers,” which is why unskilled cases wait far longer than skilled or professional ones.2U.S. Department of State. Annual Limit Reached in the EB-3 and EW Categories
Step 1: Prevailing Wage Determination
The first move belongs to the employer. Before any job ads go out, the employer asks the Department of Labor for a prevailing wage determination for the specific job title in the geographic area where the work will happen. The number that comes back is the minimum salary the employer must offer, and it stays fixed as the floor for the rest of the case. Offering less at any point can sink the application.
No recruitment can begin until this determination is in hand, because the wage in every advertisement has to match or exceed it.
Step 2: Recruitment
Once the prevailing wage is set, the employer has to prove that no qualified U.S. worker is available. That means real recruitment under specific Department of Labor rules.
Every case requires two mandatory steps. The employer places a job order with the State Workforce Agency, active for 30 days, and runs print ads on two different Sundays in a newspaper of general circulation. Digital-only newspapers do not count. If there is no Sunday edition in that area, the widest-circulation edition substitutes.3eCFR. 20 CFR 656.17 – Filing Applications
If the job is a professional occupation, the employer must complete three additional steps chosen from a list of ten options: the employer’s website, a third-party job site, job fairs, campus recruiting, trade or professional journals, private employment firms, an employee referral program, campus placement offices, local or ethnic newspapers, or radio and TV ads.3eCFR. 20 CFR 656.17 – Filing Applications
Timing matters. All mandatory recruitment must happen at least 30 days before filing PERM, but no more than 180 days before. After recruitment ends, a 30-day quiet period runs during which candidates can still submit resumes. Only after that window closes can the employer file. Keep every scrap of documentation, because the Department of Labor can audit and demand proof.
Step 3: File the PERM Labor Certification
With recruitment done, the employer files Form ETA-9089 through the Department of Labor’s FLAG system.4U.S. Department of Labor. Forms The filing date becomes the priority date, which fixes the worker’s place in line for a visa number. That date matters more than almost anything else in the case.
PERM processing is slow. As of February 2026, the Department of Labor reported an average of 503 calendar days for analyst-reviewed cases.5U.S. Department of Labor. Processing Times Audits add more time, and supervised recruitment orders add months on top of that. Common audit triggers include mismatches between job requirements and the worker’s qualifications, doubts about the adequacy of recruitment, and prevailing wage issues.
Once PERM is certified, the certification is valid for 180 days. The employer has to file the I-140 within that window or the entire labor certification expires and everything starts over.6U.S. Department of Labor. Permanent Labor Certification
Step 4: File the I-140 Immigrant Petition
The employer files Form I-140 with USCIS, asking the agency to confirm the job offer is genuine, the worker is qualified, and the employer can pay the offered wage.7U.S. Citizenship and Immigration Services. I-140, Immigrant Petition for Alien Workers
Fees include the base filing fee plus an Asylum Program Fee of $600 for most employers, or $300 for small employers with 25 or fewer full-time equivalent employees.8U.S. Citizenship and Immigration Services. USCIS Reminds Certain Employment-Based Petitioners to Submit the Correct Required Fees Premium processing, which delivers an initial response on an expedited timeline, costs $2,965 effective March 1, 2026.9U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees
The worker’s evidence package should include official transcripts, diplomas, and detailed letters from prior employers stating dates and duties. Foreign-language documents need certified English translations.10U.S. Citizenship and Immigration Services. Volume 7 Part A Chapter 4 – Documentation The employer must also document ability to pay the offered wage from the priority date until the worker becomes a permanent resident, using annual reports, federal tax returns, or audited financial statements. Employers with 100 or more workers can substitute a statement from a financial officer.11U.S. Citizenship and Immigration Services. Volume 6 Part E Chapter 4 – Ability to Pay
USCIS issues a receipt notice after filing. If the agency needs more information, it sends a Request for Evidence, and an incomplete or late response can lead to denial.
Step 5: Wait for a Visa Number
An approved I-140 does not automatically produce a green card. Because of the annual caps, most EB-3 applicants wait until their priority date becomes current under the Department of State’s monthly Visa Bulletin.12U.S. Department of State. The Visa Bulletin
The March 2026 Visa Bulletin shows how uneven the wait is. EB-3 skilled and professional cases had final action dates of October 2023 for most countries, meaning roughly a two-and-a-half-year wait from the priority date. For China-born applicants, the date was May 2021, about a five-year wait. For India, it was November 2013, a backlog of more than twelve years. Other-worker cases waited longer still.13U.S. Department of State. Visa Bulletin for March 2026
USCIS publishes monthly guidance on whether applicants can use the “Dates for Filing” chart, which typically moves faster, or must use “Final Action Dates” for submitting the adjustment application.14U.S. Citizenship and Immigration Services. Adjustment of Status Filing Charts from the Visa Bulletin
Step 6: Adjustment of Status or Consular Processing
Once a visa number is available, the final step splits based on where the worker is living.
If You Are Inside the United States
Workers already in the U.S. file Form I-485 to adjust status without leaving the country.15U.S. Citizenship and Immigration Services. I-485, Application to Register Permanent Residence or Adjust Status The application must include Form I-693, the medical exam completed by a USCIS-designated civil surgeon, along with a vaccination record. Since December 2024, USCIS requires I-693 to be filed together with the I-485 rather than added later.16U.S. Citizenship and Immigration Services. Report of Immigration Medical Examination and Vaccination Record Medical exam costs vary by provider because the fee is not regulated.
If a visa number is available when the employer files the I-140, the worker may be able to file the I-485 concurrently, saving months.17U.S. Citizenship and Immigration Services. Concurrent Filing of Form I-485
If You Are Outside the United States
Workers abroad use consular processing. They file Form DS-260, the online immigrant visa application, and attend an in-person interview at a U.S. embassy or consulate where a consular officer verifies documents and confirms admissibility.
Interview and Green Card Delivery
Both paths involve an interview covering the job offer, supporting documents, and any grounds of inadmissibility. After approval, the physical green card is mailed. USCIS states it may take up to 90 days from the date of entry (for consular cases) or the date of approval to receive the card.18USCIS. When to Expect Your Green Card
Bringing Your Spouse and Children
A spouse and unmarried children under 21 can immigrate alongside the primary applicant as derivative beneficiaries. Each qualifying family member receives their own green card with full permanent resident status.19U.S. Department of State Foreign Affairs Manual. 9 FAM 502.4 Employment-Based IV Classifications
Children who approach 21 during the wait can lose eligibility, but the Child Status Protection Act helps. For employment-based cases, USCIS subtracts the days the I-140 was pending from the child’s age when a visa number became available. If the result is under 21 and the child is still unmarried, they qualify.20U.S. Citizenship and Immigration Services. Child Status Protection Act Given how long EB-3 cases run, running that calculation early is worth doing.
If You Change Employers Mid-Process
Job changes during a multi-year case are one of the biggest risks. The rule depends on how far along the case is.
If the I-485 has been pending for at least 180 days, you can change jobs or employers under AC21 portability, as long as the new job is in the same or a similar occupational classification as the one in the original petition.21Office of the Law Revision Counsel. 8 USC 1154 – Procedure for Granting Immigrant Status
Change employers before that 180-day mark and the new employer generally has to restart everything: prevailing wage, PERM, I-140, and the visa-number wait. For applicants from backlogged countries, that reset can cost years.