EB-3 Visa Application: Phases, Timeline, and Costs

The EB-3 visa application is an employer-sponsored, three-phase process that leads to a permanent green card: your employer first obtains a labor certification from the Department of Labor, then files an immigrant petition (Form I-140) with USCIS, and finally you apply for permanent residence through either adjustment of status inside the United States or consular processing abroad. Government filing fees run into the low thousands of dollars per person, and total processing time ranges from a few years for most applicants to more than a decade for those born in India.

Who Qualifies for EB-3

Every EB-3 applicant needs a permanent, full-time job offer from a U.S. employer willing to sponsor them. Temporary or seasonal work does not qualify. Federal law then splits applicants into three subcategories, each with its own threshold.¹

Skilled workers need at least two years of training or work experience in the occupation the employer is hiring for, matching the specific duties of the offered position rather than the general field.²
Professionals hold at least a U.S. bachelor’s degree or its foreign equivalent, and the job must require that degree as a minimum entry requirement. Work experience cannot substitute for the degree in this subcategory.²
Other workers (sometimes called unskilled) fill roles requiring less than two years of training or experience. This subcategory has its own annual cap of 10,000 visas, which produces significantly longer waits.³

Phase 1: PERM Labor Certification

Before your employer can petition for your green card, they have to prove to the Department of Labor that no qualified U.S. worker is available for the position. This is the PERM process, governed by 20 CFR Part 656.⁴ The employer files ETA Form 9089 through the Department of Labor’s FLAG system.⁵ There is no government filing fee.

Two things have to happen before the form is filed. The employer must obtain a prevailing wage determination from the Department of Labor’s National Prevailing Wage Center, setting the minimum salary for that job in that location; the employer must offer at least that wage and be able to pay it from filing through green card issuance. The employer must also run a genuine recruitment campaign and document every step, including lawful, job-related reasons for rejecting any U.S. workers who applied.

PERM processing has slowed dramatically. As of February 2026, an average analyst review takes about 503 calendar days.⁶ If the case is audited, add months. Any inconsistency between what the employer advertised and what appears on the ETA Form 9089 can produce a denial.

One rule matters a great deal for workers: the employer must pay for PERM. Federal regulations forbid an employer from passing PERM costs onto you, including attorney fees, advertising, and any other expense related to the labor certification. When one attorney represents both sides, the employer covers the full bill.⁷ You may hire your own separate attorney at your own expense, but you cannot reimburse your employer for their PERM costs, and any employer asking you to do so is violating federal law.

Phase 2: The I-140 Immigrant Petition

Once the Department of Labor certifies the PERM, your employer has exactly 180 days to file Form I-140 with USCIS.⁸ Miss that window and the labor certification expires, forcing the whole PERM process to start over.

The filing fee is $715, plus a separate Asylum Program Fee that varies by employer size (check the USCIS fee schedule for the current amount).⁹ The petition can be filed online or by mail; online filing is only available when the I-140 is standalone.⁸

The employer must prove ability to pay the offered wage, typically through federal tax returns, audited financial statements, or annual reports. Employers with 100 or more employees can substitute a statement from a financial officer as initial evidence.¹⁰

On your side, you need documentation that you meet the job requirements listed on the PERM. Skilled workers need detailed letters from previous employers on company letterhead, signed by a supervisor or HR representative, describing specific duties and dates of employment. Professionals need official transcripts and diplomas. Foreign-language documents require certified English translations with a competency statement from the translator.

Standard I-140 review can take months. Employers who want speed can file Form I-907 and pay $2,965 for premium processing, which guarantees USCIS takes action within 15 business days.¹¹ Action means an approval, denial, notice of intent to deny, or request for evidence, not necessarily approval.¹² If USCIS issues a request for evidence, missing the response deadline almost always results in denial.

Phase 3: Adjustment of Status or Consular Processing

After the I-140 is approved and your priority date is current on the Visa Bulletin, you enter the final phase. Which route you take depends on where you are.

If You’re Inside the United States

You file Form I-485 to adjust status. The fee is $1,440 for applicants over age 14. You must submit Form I-693, the medical examination report completed by a USCIS-designated civil surgeon, together with your I-485 at filing.¹³ Civil surgeons set their own prices, generally $400 to $600 depending on location and required vaccinations.

USCIS collects biometrics for background and security checks. Many employment-based I-485 cases are approved without an interview when documentation is complete, status has been maintained, and background checks are clean, but USCIS can schedule an interview at any point.

If You’re Outside the United States

After the I-140 is approved, your case transfers to the National Visa Center, which collects your civil documents, financial evidence, and the DS-260 online immigrant visa application.¹⁴ Once your priority date is current and paperwork is in order, the NVC schedules an interview at the U.S. embassy or consulate in your home country, where a consular officer decides whether to issue the immigrant visa.¹⁵

How Long the Wait Really Is

The EB-3 category receives 28.6 percent of employment-based immigrant visas each year, roughly 40,000 visas total.³ On top of that, no single country’s nationals can receive more than 7 percent of employment-based green cards in a year.¹⁶ That per-country cap is what creates the backlog for applicants born in India and mainland China.

Your priority date is the date the Department of Labor accepts your PERM application for processing.¹⁷ Each month the Department of State publishes a Visa Bulletin listing which priority dates can move forward. A “C” means current; a date means only earlier priority dates can proceed.

The October 2025 Visa Bulletin shows how uneven the wait is. EB-3 final action dates were current through April 2023 for applicants born in most countries, March 2021 for mainland China, and August 2013 for India.¹⁸ An Indian-born EB-3 applicant filing today could wait more than a decade for a green card. Check the bulletin monthly; it controls when you can file the final application.

What It All Costs

Government filing fees are only part of the picture. Full costs typically break down like this:

PERM labor certification: no government filing fee, but recruitment advertising and attorney fees often run into thousands. The employer must pay these by law.⁷
Form I-140: $715, plus the Asylum Program Fee. Premium processing adds $2,965 if chosen.¹¹
Form I-485: $1,440 per applicant over age 14. Each derivative family member pays separately.
Medical examination: generally $400 to $600 per person, set by the civil surgeon.
Certified document translations: typically $25 to $40 per page.
Attorney fees: you may pay for your own separate attorney, but you cannot reimburse your employer for their PERM legal costs.

Employers cover all PERM costs and the I-140 fee. The I-485 fee and medical exam are usually the employee’s expense, though some employers pay them. Settle who pays what before filing begins.

Working and Traveling While Your Case Is Pending

Filing Form I-485 unlocks two interim benefits. Filing Form I-765 concurrently produces an Employment Authorization Document that lets you work for any employer while the green card is pending.¹⁹ Filing Form I-131 produces Advance Parole, which lets you travel internationally and return without abandoning the application. Filed together, the two can result in a combo card.

Both documents lose validity if the underlying I-485 is denied. And if you leave the country without Advance Parole while your adjustment application is pending, USCIS treats the application as abandoned.

Bringing Family Members

Your spouse and unmarried children under 21 can obtain green cards as derivative beneficiaries. They do not need separate employer sponsors or labor certifications. Each family member files their own I-485 (inside the U.S.) or DS-260 (abroad) and completes a medical exam.

Children face the risk of “aging out” if they turn 21 before the green card is issued. The Child Status Protection Act supplies a formula: subtract the days the I-140 was pending from the child’s age when a visa becomes available. If the resulting CSPA age is under 21 and the child is unmarried, eligibility continues.²⁰ For EB-3 cases with long backlogs, particularly Indian ones, children can still age out despite CSPA protection.

Changing Employers Before the Green Card Issues

The American Competitiveness in the Twenty-First Century Act (AC21) provides portability once your I-485 has been pending for at least 180 days. After that point, you can change jobs without losing your place in line as long as the new position is in the same or a similar occupational classification as the sponsored job.²¹ USCIS compares job duties, occupational classification codes, and wages; a substantial pay discrepancy can raise concerns. To use portability, you file Supplement J to Form I-485 confirming a valid new job offer. The new employer can be a different company or, in some cases, self-employment.

Even if your original employer withdraws the I-140 after you change jobs, you can be protected: the I-485 must have been pending at least 180 days, and the original petition must have been approvable at the time of withdrawal. Switching before the 180-day mark is much riskier; an approved I-140 does not carry over to a new employer, and you can lose the application.

1
Office of the Law Revision Counsel. 8 USC 1153 – Allocation of Immigrant Visas
2
U.S. Citizenship and Immigration Services. Employment-Based Immigration: Third Preference EB-3
3
U.S. Department of State. Annual Limit Reached in the EB-3 and EW Categories
4
eCFR. 20 CFR Part 656 – Labor Certification Process for Permanent Employment of Aliens in the United States
5
U.S. Department of Labor. Instructions for ETA Form 9089 – Application for Permanent Employment Certification
6
U.S. Department of Labor. PERM Processing Times
7
eCFR. 20 CFR 656.12 – Labor Certification Process
8
U.S. Citizenship and Immigration Services. I-140, Immigrant Petition for Alien Workers
9
U.S. Citizenship and Immigration Services. Guidance on Paying Fees and Completing Information for Form I-140, Immigrant Petition for Alien Workers
10
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 6 Part E Chapter 4 – Ability to Pay
11
U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees
12
U.S. Citizenship and Immigration Services. How Do I Request Premium Processing
13
U.S. Citizenship and Immigration Services. Report of Immigration Medical Examination and Vaccination Record
14
U.S. Department of State. DS-260 Immigrant Visa Electronic Application
15
U.S. Citizenship and Immigration Services. Consular Processing
16
Congress.gov. U.S. Employment-Based Immigration Policy
17
U.S. Citizenship and Immigration Services. Visa Availability and Priority Dates
18
U.S. Department of State. Visa Bulletin for October 2025
19
U.S. Citizenship and Immigration Services. Filing Form I-765 with Other Forms
20
U.S. Citizenship and Immigration Services. Child Status Protection Act (CSPA)
21
U.S. Citizenship and Immigration Services. Job Portability after Adjustment Filing and Other AC21 Provisions