The EB-3 visa process has eight main stages, from finding a sponsoring employer through your final green card interview. Each stage has its own paperwork, its own government agency, and its own waiting period, and knowing what comes next makes the full EB-3 process far less confusing.
Quick Overview: The EB-3 Process in Order
Before the details, here’s the full sequence at a glance.
- Find a sponsoring employer
- Prevailing wage determination (ETA-9141)
- PERM labor certification (ETA-9089)
- I-140 immigrant petition
- Wait for your priority date
- NVC processing and DS-260, or adjustment of status
- Biometrics at an Application Support Center (ASC)
- Visa interview and green card approval
Each of these steps is covered below. For a look at how long each one typically takes right now, see our EB-3 visa processing times guide, since these timelines shift often and are worth checking separately from this article.
Step 1: Find a Sponsoring Employer
The EB-3 process starts with a job offer, not an application you file on your own. A US employer has to be willing to sponsor you, which means they agree to go through the labor certification process on your behalf.
EB-3 covers three worker categories: skilled workers (jobs needing at least two years of training or experience), professionals (jobs needing a US bachelor’s degree or its equivalent), and other workers, sometimes called unskilled workers (jobs needing less than two years of training). Your category affects which jobs qualify and how long your wait for a visa number will be.
A legitimate sponsor has a real, permanent, full-time position to fill. They should be able to describe the job duties clearly and explain why they can’t find a qualified US worker for it.
Watch for warning signs of a bad sponsor: anyone asking you to pay large upfront fees for the sponsorship itself, vague or shifting job descriptions, or pressure to sign documents you haven’t had time to read. A real employer sponsorship is a business decision on their end, not a service they’re selling you.
You can browse current EB-3 job openings here to see what sponsorship actually looks like across different industries.
Step 2: Prevailing Wage Determination (ETA-9141)
Before your employer can file anything else, they have to request a prevailing wage determination from the Department of Labor. This step confirms the minimum wage they must pay you for the specific job and location, so a sponsored worker can’t be used to undercut US wages.
The employer files this request, not you. It’s easy for workers to assume they’re supposed to handle this step themselves, but it’s entirely on the employer’s side, and there’s nothing for you to submit here.
This step typically takes several months, and the wait can vary a lot by state and occupation. You can read more about the Prevailing Wage Request form here.
Once the Department of Labor issues the wage determination, your employer can move on to labor certification.
Step 3: PERM Labor Certification (ETA-9089)
PERM stands for Program Electronic Review Management, and it’s the process your employer uses to prove no qualified US worker was available for your job. This is filed through the Foreign Labor Application Gateway (FLAG), the Department of Labor’s official system for these applications.
Before filing the actual ETA-9089 form, your employer has to run a real recruitment process. That usually means:
- Posting the job with the state workforce agency for 30 days
- Placing two Sunday newspaper ads (or an equivalent, depending on the occupation)
- Posting an internal job notice at the worksite
- Documenting and considering any US applicants who respond
This recruitment step is the part of the process workers have the least visibility into, since it happens entirely on the employer’s side and there’s no way to check its status from outside. There’s also a mandatory 30-day waiting period after recruitment ends, called the “quiet period,” before the employer can even file the ETA-9089.
If a US applicant does respond to the job posting, the employer has to document a specific, job-related reason for not hiring them. Vague reasons like “not a good fit” won’t hold up, which is one reason this step often takes longer than workers expect. Once recruitment is complete, the quiet period has passed, and no qualified US worker was found, the employer submits the ETA-9089 labor certification. Learn more in our ETA-9089 glossary entry.
PERM approval can take a while, and processing times shift depending on Department of Labor backlogs. Once it’s approved, your employer has 180 days to file the next step, the I-140 petition.
Step 4: I-140 Immigrant Petition
With PERM approved, your employer files Form I-140, the Immigrant Petition for Alien Worker, with USCIS. This petition establishes your priority date, which is the marker that determines your place in line for a visa number.
Your employer can pay for premium processing, which guarantees a decision on the I-140 itself within a set number of business days. It’s worth understanding what this actually buys you: premium processing speeds up this one step, not the overall timeline. Your priority date wait, which is usually the longest part of the process, isn’t affected at all.
If USCIS approves the I-140, your priority date is locked in as of the date the PERM application was originally filed, not the date the I-140 was approved. That earlier date matters a lot once you reach the next step.
The evidence USCIS expects with the I-140 depends on your category. Skilled worker and professional petitions need proof you meet the education or experience requirements listed on the approved PERM, such as diplomas, transcripts, or letters from past employers confirming your job duties and dates. Other worker petitions focus more on confirming the job offer itself is genuine and matches what was certified on the labor certification. Missing or inconsistent evidence at this stage is a common cause of Requests for Evidence, which can add months to the timeline.
Step 5: Wait for Your Priority Date
This is usually the longest step in the entire process, sometimes by years. Your priority date only becomes useful once it’s “current,” meaning the government has worked through the queue far enough to reach it.
Reading the Visa Bulletin
The Department of State publishes a monthly Visa Bulletin that lists which priority dates are current for each visa category and country of birth. To check your own status:
- Find the EB-3 row for your specific worker category (skilled, professional, or other worker)
- Find the column for your country of birth (most countries share one column, but a few have their own)
- Compare the date listed to your own priority date
If the bulletin’s date is later than yours, your priority date is current and you can move forward. If it’s earlier, you’re still waiting.
The bulletin actually publishes two charts each month, and USCIS decides which chart applies to filing your next form. It’s worth checking that page directly rather than assuming.
Current vs. Retrogression
“Current” means your priority date has been reached and you can proceed to the next step. “Retrogression” means the cutoff date in the bulletin actually moves backward instead of forward, which happens when annual visa number limits are used up faster than expected.
Retrogression doesn’t cancel your case or your priority date. It only pauses your progress until the bulletin moves forward again, which is frustrating but temporary. Our priority date glossary entry walks through this in more depth.
Step 6: NVC Processing and DS-260, or Adjustment of Status
Once your priority date is current, your case moves down one of two paths, depending on where you live.
If You’re Outside the US: Consular Processing
Your case goes to the National Visa Center (NVC), which collects fees and documents before scheduling your interview at a US consulate abroad. You’ll file Form DS-260, the immigrant visa application, online.
NVC processing involves two separate fees, an affidavit of support fee and an immigrant visa application fee, both paid online before your case is considered documentarily complete. NVC won’t schedule your interview until both fees are paid and every required document has been uploaded and accepted.
Documents typically needed at this stage include:
- Valid passport
- Birth certificate
- Marriage certificate, if applicable
- Police certificates from every country you’ve lived in for a year or more since age 16
- Military records, if applicable
- Court and prison records, if applicable
Learn more about this stage in our NVC glossary entry and our DS-260 glossary entry.
If You’re Already in the US: Adjustment of Status
If you’re already lawfully present in the US, you may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, instead of going through a consulate. This path requires:
- A completed medical exam (Form I-693) from an authorized civil surgeon
- The same civil documents listed above
- Proof of your current lawful status
Adjustment of status also lets you apply for work authorization while your case is pending, using Form I-765, so you’re not left without an income source during the wait.
Step 7: Biometrics at an Application Support Center (ASC)
Whichever path you take, you’ll eventually be scheduled for a biometrics appointment at a USCIS Application Support Center (ASC). This is where your fingerprints, photo, and signature are collected for background and security checks.
Bring your appointment notice and a valid photo ID. Missing the appointment or arriving without the required documents usually means rescheduling, which adds weeks back onto your timeline, so it’s worth double-checking what USCIS’s appointment guidance says before you go.
If something comes up and you can’t make your scheduled date, you can request a reschedule through USCIS rather than simply not showing up, which can cause bigger delays.
Step 8: Visa Interview and Green Card Approval
The final step is your interview, either at a US consulate abroad or with USCIS if you adjusted status domestically. The officer confirms your documents, asks about your job offer and background, and decides whether to approve your case.
Most interviews go smoothly when the paperwork is complete and consistent. That said, some cases get flagged for administrative processing, an additional review that can add weeks or months before a final decision, often triggered by something as ordinary as a name that needs extra verification or missing documentation from an earlier step.
If everything is approved, you’ll either receive an immigrant visa to enter the US (consular processing) or your green card will be mailed to you directly (adjustment of status). At that point, you’re a lawful permanent resident.
Preparing for the Interview
Bring the original versions of every document you submitted electronically, even ones already reviewed by NVC or USCIS. Officers routinely ask to see originals in person, and showing up with only copies can mean rescheduling.
Be ready to describe your job duties, your employer, and how you found the position in your own words. Officers are checking that your case matches what was filed on paper, so answers that are consistent and specific tend to move faster than rehearsed or vague ones.
How Long Does the Whole Process Take?
Every step above has its own timeline, and those timelines change based on government backlogs, your country of birth, and your specific worker category. Rather than list numbers here that could be outdated by the time you read this, see our dedicated EB-3 visa processing times guide above, or check USCIS’s own processing times tool for current estimates on the I-140 and I-485 stages specifically.
Documents to Start Gathering Now
Several of the documents needed later in the process take weeks or months to obtain, especially police certificates from countries with slow record systems. Starting early, even while you’re still waiting on PERM or your I-140, can save real time down the line.
Documents worth requesting early include:
- Birth certificate, with a certified translation if it’s not in English
- Marriage certificate, if applicable, and divorce decrees from any prior marriages
- Police certificates from every country you’ve lived in for a year or more since age 16, since some countries take several months to issue these
- Military records, if you’ve served in any country’s armed forces
- Passport, checked for at least six months of validity beyond your expected travel date
Keep both originals and copies, and keep a simple list of which documents you already have versus which are still pending. This becomes especially useful once you reach the NVC or adjustment of status stage, when several documents are due at once.
Frequently Asked Questions
Do I need a lawyer for the EB-3 process?
It’s not legally required, but most employers use an immigration attorney to handle PERM and the I-140 petition, since errors at those stages can cost months of delay. Whether you personally need one depends on your specific case and your employer’s setup.
Can I change employers partway through the process?
Before your I-140 is approved, changing employers generally means restarting the labor certification process from the beginning. After your I-140 has been approved for 180 days and your adjustment of status application has been pending for 180 days, you may be able to change jobs under portability rules, but this depends on your specific situation.
What happens if my priority date retrogresses after I’ve already reached NVC or filed DS-260?
Your case doesn’t get cancelled. It simply pauses at whatever stage you’ve reached until the priority date becomes current again.
Can my spouse and children get green cards too?
Yes. Spouses and unmarried children under 21 can typically apply as derivative beneficiaries on your case, following the same steps alongside you.
Does premium processing speed up the whole process?
No. It only speeds up the I-140 petition decision itself. The priority date wait, which is usually the longest part of the timeline, isn’t affected by premium processing at all.
What’s the difference between consular processing and adjustment of status?
Consular processing is for people outside the US and ends with an interview at a US consulate. Adjustment of status is for people already lawfully in the US and ends with an interview at a USCIS office, without needing to leave the country.
Can I travel internationally while my case is pending?
It depends on which stage you’re at and what status you currently hold. If you’re adjusting status inside the US, leaving the country without an approved travel document (Advance Parole) can be treated as abandoning your application, so this is worth checking carefully before booking any trip.
What happens if I lose my job after my I-140 is approved?
If it happens before your I-140 has been approved for 180 days, you generally need a new employer to restart the labor certification process. After 180 days, portability rules may let you move to a similar job without starting over, though the specifics depend on your case.
Summary
The EB-3 process runs through eight stages: finding a sponsor, prevailing wage determination, PERM labor certification, the I-140 petition, the priority date wait, NVC or adjustment of status processing, biometrics, and the final interview. Each stage sits with a different party, some with your employer, some with the Department of Labor, some with USCIS or the State Department, and each has its own separate timeline. Understanding which stage you’re in and who’s responsible for moving it forward is the clearest way to know what to expect next.
