EB-3 Visa Steps: PERM, I-140, and Green Card Filing

The EB-3 visa process is the five-stage path an employer and foreign worker follow to obtain a U.S. green card based on skilled, professional, or unskilled employment: a prevailing wage determination, recruitment for U.S. workers, a PERM labor certification, an I-140 immigrant petition, and finally the green card application itself. Most of the early work falls on the sponsoring employer. Total time to a green card runs several years for applicants born in most countries, and much longer for those born in India or mainland China.

The EB-3 category covers three groups: skilled workers whose jobs require at least two years of training or experience, professionals whose jobs require a U.S. bachelor’s degree or its foreign equivalent, and “other workers” whose jobs need less than two years of training or experience.¹ About 40,000 EB-3 visas become available worldwide each year (28.6 percent of the employment-based limit), with no more than 10,000 reserved for the other workers subcategory.²

Step 1: Prevailing Wage Determination

The employer starts by requesting a prevailing wage determination from the Department of Labor’s National Prevailing Wage Center. This sets the minimum salary the employer must offer, based on the average wage for the same occupation in the same geographic area.³ Nothing else in the case can begin until the wage comes back.

As of early 2026, the National Prevailing Wage Center was processing PERM-related requests filed around December 2025, meaning turnaround runs roughly three months.⁴ The employer can use this waiting period to gather the financial records it will need later to prove ability to pay.

Step 2: Recruiting for U.S. Workers

Labor certification exists to demonstrate that no qualified U.S. worker is available for the job. The employer must run a specific set of recruitment steps within six months before filing, and the required steps depend on whether the job is a professional occupation.

Professional Positions

For professional positions, the employer must complete two mandatory steps plus three additional ones. The mandatory pair: a job order with the State Workforce Agency for at least 30 days, and two ads on different Sundays in the general-circulation newspaper most appropriate for the job and location.⁵ Both must occur at least 30 but no more than 180 days before the application is filed.

The employer picks three more from a list that includes the employer’s own website, job fairs, on-campus recruiting, trade or professional organizations, private employment firms, an employee referral program with incentives, campus placement offices, local or ethnic newspapers, and radio or television advertising.⁵

Skilled and Unskilled Positions

For jobs that don’t qualify as professional occupations, the employer still runs the State Workforce Agency job order and the two Sunday newspaper ads, but the three additional steps aren’t required. Recruitment is shorter and less costly at this level.

Notice at the Worksite and the Recruitment Report

The employer also posts a notice of the filing at the job site for at least 10 consecutive business days, in a place where current employees can see it. The posting window must fall between 30 and 180 days before filing.⁶

Once recruitment is done, the employer prepares a written recruitment report listing every U.S. applicant and the job-related reason each was rejected. The report isn’t filed with the application, but the employer must keep it (with all supporting evidence) for five years in case of an audit.⁷

Step 3: Filing the PERM Labor Certification

With recruitment complete, the employer files ETA Form 9089 through the Department of Labor’s Foreign Labor Application Gateway.⁸ The successful filing date becomes the applicant’s priority date, which marks the worker’s place in line for a visa number.

PERM processing is slow. As of February 2026, analyst review was averaging about 503 calendar days, and audited cases take significantly longer.⁴ Workers already in the United States need to keep valid nonimmigrant status during this wait.

Audits and Denials

The Department of Labor audits a portion of PERM cases at random to verify recruitment. Selection doesn’t imply anything was done wrong; the employer produces the recruitment report, advertisement copies, and prevailing wage determination.

If the application is denied, the employer has 30 days from the denial letter to act. There are two mutually exclusive options: request reconsideration by the certifying officer, or request review by the Board of Alien Labor Certification Appeals. A submission that vaguely asks for both defaults to reconsideration only.⁹ The employer can also withdraw and refile, but a refiling gets a new priority date.

Step 4: Filing the I-140 Immigrant Petition

After the labor certification is approved, the employer files Form I-140 with USCIS. It must arrive before the certification’s 180-day validity period runs out; USCIS rejects petitions that include an expired certification.¹⁰

The I-140 does two things: it confirms the worker meets the education and experience requirements listed on the labor certification, and it proves the employer can pay the offered wage. Ability to pay is shown through annual reports, federal tax returns, or audited financial statements covering every year from the priority date onward. Companies with 100 or more employees can substitute a statement from a financial officer.¹¹ For smaller employers, USCIS generally checks whether net income or net current assets meet or exceed the offered salary.

Standard I-140 processing can run many months. Employers who need a faster answer can pay for premium processing, which guarantees a decision within 15 business days. As of March 1, 2026, the premium processing fee for an I-140 is $2,965.¹² Premium processing is available across all EB-3 subcategories, including other workers.

The Visa Bulletin Wait

An approved I-140 confirms you qualify for a green card. It doesn’t give you one. Whether a visa number is available depends on the monthly Visa Bulletin published by the State Department, which contains two charts: Final Action Dates (when a green card can be issued) and Dates for Filing (when the green card application may be submitted in advance).

Waits vary sharply by country of birth. On the October 2025 Visa Bulletin, the EB-3 final action date for most countries was April 2023, roughly a two-year backlog. For mainland China, it was March 2021, about four years. For India, it was August 2013, a backlog exceeding twelve years.¹³ These dates shift each month, and they can move backward.

Retrogression

A retrogression happens when a final action date moves backward. If you’ve already filed your green card application when this occurs, it isn’t denied; USCIS holds it and waits for dates to move forward. You can keep renewing work and travel documents in the meantime, and USCIS may still issue evidence requests, but final approval pauses.

Because of this risk, keeping a separate nonimmigrant status such as H-1B is worth doing even after filing for adjustment. If the green card application were denied while you relied only on work authorization tied to it, you would lose the ability to remain in the country.

Porting Your Priority Date

An applicant with an approved I-140 in any employment-based category can carry that priority date to a new petition in a different category. Someone with an EB-2 approval can file a new EB-3 petition and keep the older date if EB-3 is moving faster for their country of birth, and the reverse also works. The original I-140 must not have been revoked for fraud or misrepresentation.

Step 5: Applying for the Green Card

Once the priority date is current, the applicant can file for permanent residence. The path depends on where they live.

Adjustment of Status Inside the U.S.

Applicants in the United States file Form I-485 with USCIS.¹⁴ Filing fees are on the USCIS fee schedule, which was updated with inflation-adjusted amounts effective January 1, 2026. The package goes to a specific USCIS lockbox based on category.

Filing before the priority date is actually current will get the package rejected and fees returned. USCIS announces each month whether adjustment filers should use the Dates for Filing chart or the Final Action Dates chart, so this needs to be checked before mailing.

Consular Processing Abroad

Applicants outside the country file Form DS-260 through the State Department’s online portal.¹⁵ The National Visa Center collects civil documents and the immigrant visa application processing fee, which is $345 for employment-based cases.¹⁶ The case is then sent to a U.S. embassy or consulate for an interview.

Medical Exam and Documents

Every applicant and any accompanying family member must complete a medical examination on Form I-693, performed by a USCIS-designated civil surgeon.¹⁷ The civil surgeon places the completed form in a sealed envelope. USCIS returns any envelope that arrives unsealed or tampered with.¹⁸

Applicants also submit birth certificates, passport biographical pages, and any marriage or divorce certificates. Documents in another language need certified translations with a translator’s statement of competency. Two passport-style photos are required with the I-485.¹⁹

Working and Traveling While the I-485 Is Pending

Once an I-485 is receipted, the applicant becomes eligible for two interim benefits that hold even during long waits.

To work, the applicant files Form I-765 for an Employment Authorization Document, either together with the I-485 or afterward.²⁰ To travel abroad, the applicant needs advance parole through Form I-131. Leaving the country without valid advance parole while an I-485 is pending causes USCIS to treat the adjustment application as abandoned. That mistake is one of the most costly errors in this process.

Both benefits continue through retrogression. Filing renewals well before expiration (at least 180 days out) helps prevent gaps.

Changing Jobs Under AC21

A law commonly called AC21 lets you change employers once your I-485 has been pending for 180 days or more. You need an approved I-140 (or one that later gets approved), and the new job must be in the same or a similar occupational classification as the one on the labor certification.²¹

USCIS decides “same or similar” on the totality of circumstances, comparing occupational codes, duties, skills, and education requirements. A promotion within the same field generally qualifies.

The applicant notifies USCIS of the change on Form I-485 Supplement J, either proactively or in response to an evidence request or interview notice.²² Timing is important. If the original employer withdraws the I-140 before the I-485 has been pending 180 days, USCIS can deny the green card. After 180 days, the approved I-140 stays valid even if the employer withdraws it, unless USCIS finds fraud or a material error.²¹

Protecting Children From Aging Out

Children can be included as derivative beneficiaries only if they’re under 21 and unmarried. Because EB-3 backlogs can run for years, a child who was well under 21 at the start can age out before a visa number opens. The Child Status Protection Act adjusts the calculation by subtracting the time the I-140 spent pending at USCIS from the child’s biological age on the date a visa number becomes available.²

As a rough estimate, add the number of days the I-140 was pending to the child’s 21st birthday. The resulting date is approximately when the priority date must become current for the child to remain eligible. If the CSPA-adjusted age is still under 21, the child must act promptly to seek permanent residence within the required timeframe. Once a child ages out, they lose derivative status and would need a separate petition of their own.

The Interview and Final Approval

After background checks are complete, the case moves toward a decision. Adjustment cases may or may not require an in-person interview at a USCIS field office. USCIS decides case by case, looking at things like unresolved identity questions, criminal or security concerns, and issues with the manner of entry.²³ Even where interviews are commonly waived, an officer can still require one.

If an interview is scheduled, the applicant should bring originals of all submitted documents and an updated employment verification letter confirming the job offer is still open. Consular applicants attend their interview at the U.S. embassy or consulate abroad. On approval, adjustment applicants receive the green card by mail; consular applicants get an immigrant visa stamped in the passport, and permanent resident status begins on entry into the United States.

1
U.S. Citizenship and Immigration Services. Employment-Based Immigration: Third Preference EB-3
2
Office of the Law Revision Counsel. 8 USC 1153 – Allocation of Immigrant Visas
3
Flag.dol.gov. Prevailing Wages
4
Flag.dol.gov. Processing Times
5
eCFR. 20 CFR 656.17 – Basic Labor Certification Process
6
eCFR. 20 CFR 656.10 – General Instructions
7
eCFR. 20 CFR Part 656 – Labor Certification Process
8
Foreign Labor Application Gateway. Foreign Labor Application Gateway
9
U.S. Department of Labor. Frequently Asked Questions – Permanent Labor Certification Round 14
10
U.S. Citizenship and Immigration Services. I-140, Immigrant Petition for Alien Workers
11
eCFR. 8 CFR 204.5 – Petitions for Employment-Based Immigrants
12
U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees
13
U.S. Department of State. Visa Bulletin for October 2025
14
U.S. Citizenship and Immigration Services. I-485, Application to Register Permanent Residence or Adjust Status
15
U.S. Department of State. Consular Electronic Application Center
16
U.S. Department of State. Fees for Visa Services
17
U.S. Citizenship and Immigration Services. Report of Immigration Medical Examination and Vaccination Record
18
U.S. Citizenship and Immigration Services. Instructions for Report of Immigration Medical Examination and Vaccination Record
19
U.S. Citizenship and Immigration Services. Checklist of Required Initial Evidence for Form I-485
20
U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization
21
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 7 Part E Chapter 5 – Job Portability after Adjustment Filing and Other AC21
22
U.S. Citizenship and Immigration Services. I-485 Supplement J, Confirmation of Valid Job Offer or Request for Job Portability Under INA Section 204(j)
23
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 7 Part A Chapter 5 – Interview Guidelines