EB-3 Visa: How It Works
Your Path to a U.S. Green Card Through the EB-3 Visa
The EB-3 visa process involves a series of structured steps designed to help eligible foreign nationals obtain permanent residency in the United States through employer sponsorship. From securing a prevailing wage determination to final green card approval, each stage ensures compliance with U.S. immigration and labor laws. Below is a clear breakdown of the journey, so you know exactly what to expect.
Step-by-Step Breakdown of the EB-3 Process
1. Prevailing Wage Request
The employer initiates the process by requesting a prevailing wage determination from the U.S. Department of Labor. This determines the minimum salary that must be offered for the job to ensure it does not undercut U.S. labor standards.
Estimated Timeline: 4–6 months
2. Job Recruitment
The employer must demonstrate that no qualified U.S. workers are available for the role. This is done through a recruitment campaign that typically includes ads in newspapers, job banks, and physical postings at the job site.
Estimated Timeline: Around 2 months
3. PERM Filing
Once the recruitment phase concludes, if no suitable U.S. applicants are found, the employer files the PERM Labor Certification with the Department of Labor. This certifies that hiring a foreign worker will not negatively impact wages or working conditions for U.S. workers.
Cumulative Timeline: Approximately 16–18 months from the start of the process
4. I-140 Petition
After the PERM is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. This step affirms the company’s intention to employ the worker and proves they have the financial means to do so.
Estimated Timeline: 8–10 months (or 15 days with premium processing)
5. Visa Bulletin Wait
Applicants must wait for their priority date to become current, based on the monthly Visa Bulletin published by the U.S. Department of State. The wait time varies based on the applicant’s country of origin and visa category.
6. Final Green Card Processing
Once the priority date becomes current, the final green card process begins.
- If inside the U.S., applicants file for Adjustment of Status through USCIS.
- If outside the U.S., applicants undergo Consular Processing at a U.S. embassy or consulate.
