September 8, 2025

The EB-3 Visa Process, Step by Step

If you are an overseas worker hoping to build a permanent future in the United States, the EB-3 employment-based green card is one of the most established paths. But the process spans three different federal agencies and several distinct stages, and it is easy to lose track of what happens when.

This guide walks through the correct sequence of the EB-3 visa process, step by step, and names which agency owns each stage. Overseas Job Solutions helps connect qualified workers with U.S. employers who sponsor EB-3 cases; the legal filings themselves are handled by licensed partner attorneys.

Important: This article is general information, not legal advice. Every case is unique. Always consult a licensed U.S. immigration attorney and confirm details against the official government sources linked at the end. Processing times, fees, and Visa Bulletin dates change frequently — the figures below are marked “as of July 2026 — verify current” and should never be treated as fixed.

The EB-3 process, step by step

Step 1 — Prevailing Wage Determination (Department of Labor)

Before anything else, the sponsoring employer must find out the minimum wage the job must legally pay. The employer requests a Prevailing Wage Determination by filing Form ETA-9141 with the Department of Labor’s National Prevailing Wage Center. The wage the employer offers you must be at or above this figure.

Step 2 — PERM labor certification (Department of Labor)

Next comes PERM — the permanent labor certification. The employer conducts recruitment to test the U.S. labor market, then attests that the job was genuinely open to U.S. workers and that any U.S. applicants were rejected only for lawful, job-related reasons. This is filed on Form ETA-9089 with the DOL.

This step matters enormously for one reason: the date the DOL accepts the PERM application becomes your priority date — your place in line for a visa.

Step 3 — Form I-140 immigrant petition (USCIS)

Once the labor certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). EB-3 petitions require that approved labor certification first. A common reason for I-140 delays or denials is the employer’s “ability to pay” the offered wage from the priority date onward, so employers should be ready to document their finances.

Step 4 — Wait for your priority date to be current (State Department Visa Bulletin)

An immigrant visa number must be available before you can take the final step. The State Department publishes a monthly Visa Bulletin listing cut-off dates by category and country of chargeability (usually your country of birth). When your priority date is earlier than the listed cut-off date — meaning your date is “current” — you can move forward.

Overseas Job Solutions focuses on Rest-of-World applicants. The Visa Bulletin lists China, India, Mexico, and the Philippines separately; applicants from all other countries fall under “All Chargeability Areas,” which is generally the most current column. Waits vary widely and can move backward (retrogression), so no timeline can be promised.

Step 5 — Choose your green card path

When a visa number is available, there are two routes to the actual green card:

Adjustment of Status — if you are already lawfully in the United States, you (and eligible family members) file Form I-485 with USCIS.
Consular Processing — if you are abroad, the case moves to the National Visa Center (NVC), you submit Form DS-260 online, and you attend an immigrant visa interview at a U.S. consulate.

Most overseas EB-3 applicants use consular processing.

Step 6 — Medical exam and interview

Both paths require a medical examination by an authorized physician — a USCIS-designated civil surgeon inside the U.S. (Form I-693), or a panel physician abroad (Form DS-7794). You then attend an interview: with USCIS for adjustment of status, or at the U.S. consulate for consular processing.

Step 7 — Admission and green card

If approved, consular applicants receive an immigrant visa to travel to the U.S. and are admitted as lawful permanent residents; the physical green card follows. Adjustment-of-status applicants become permanent residents upon I-485 approval.

Frequently Asked Questions

Which government agencies are involved in the EB-3 process? Three: the Department of Labor (prevailing wage and PERM labor certification), USCIS (the I-140 petition and, for those in the U.S., the I-485), and the State Department (the Visa Bulletin, the National Visa Center, and consular interviews abroad).

What is a “priority date” and why does it matter? Your priority date is the date the DOL accepted your PERM labor certification. It fixes your place in line. You cannot complete the final green card step until that date is “current” on the State Department’s Visa Bulletin.

How long does the EB-3 process take? There is no fixed or guaranteed timeline. The total depends on DOL and USCIS processing, your country of chargeability, and Visa Bulletin movement — which can even move backward. Anyone promising a specific timeframe is not being accurate. Check current government processing data before you plan.

I am not in the United States. Which path applies to me? Applicants abroad generally use consular processing through the National Visa Center, filing Form DS-260 and attending an interview at a U.S. consulate. Adjustment of Status (Form I-485) is only for people already lawfully inside the U.S.

Sources

U.S. Department of Labor — PERM labor certification and prevailing wage: https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent
USCIS — Employment-Based Immigration: Third Preference EB-3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
USCIS — Consular Processing: https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing
U.S. Department of State — Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Processing times, fees, and Visa Bulletin dates are current as of July 2026 — verify against the official sources above. This article is educational and is not legal advice. Consult a licensed U.S. immigration attorney about your specific situation.