How an EB-3 case actually moves — from application to green card.

PERM Labor Certification

Every employment-based green card in the EB-3 category begins with the Department of Labor. The employer files an ETA-9089 — commonly called the PERM application — to certify two things: that no qualified U.S. worker is available for the job, and that hiring the foreign worker won't harm the wages or working conditions of U.S. workers already doing similar jobs.

Before filing, the employer requests a prevailing wage determination for the role and location, then runs a specific set of recruitment steps (job postings, newspaper ads, internal notices) over a set period. The results of that recruitment are documented and, if no qualified U.S. worker was found, submitted to the Department of Labor.

PERM is typically the longest single stage of the process. The employer pays all PERM-related fees; this stage cannot legally be paid for by the worker.

I-140 Immigrant Petition for EB-3 Workers

Once PERM is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). The I-140 asks the government to formally classify you as an EB-3 immigrant worker.

Regular processing of the I-140 can take several months. Premium processing, when available, reduces the review to roughly fifteen business days for an additional fee. Approval of the I-140 locks in your priority date — the position you hold in the visa queue.

Consular Processing vs Adjustment of Status

After the I-140 is approved, your case moves to the final stage — but which route it takes depends on where you are.

Consular processing (most EB-3 workers)

If you are outside the United States, your case is transferred to the National Visa Center (NVC). The NVC collects your civil documents, fees, and Form DS-260. Once you're "documentarily qualified" and your priority date is current, you're scheduled for an immigrant visa interview at the U.S. embassy or consulate serving your country. If approved, you receive the visa stamped in your passport, travel to the U.S., and receive your physical green card in the mail a few weeks later.

Adjustment of Status

If you are already in the United States on a valid non-immigrant status, you may be eligible to file Form I-485 to adjust your status to permanent resident without leaving the country. This route has its own conditions and is less common for EB-3 "Other Workers" cases.

Family Benefits Under EB-3 (Spouse and Children Under 21)

An EB-3 case is not just for the worker. Your legal spouse and any unmarried children under 21 at the time of your application qualify as derivative applicants. They go through the same consular process (or file their own I-485s), receive their own green cards, and become U.S. permanent residents alongside you.

Children who turn 21 during the process may be protected under the Child Status Protection Act depending on the timeline — this is one of many reasons filings shouldn't be delayed.

Overall Timeline

PERM commonly takes many months. The I-140 typically takes several more months (or roughly fifteen business days with premium processing). Consular processing at the NVC adds several more, and interview scheduling depends on visa availability and country of chargeability. In total, most EB-3 "Other Workers" cases run typically 3–4 years from start to finish. Backlogs for certain countries of chargeability can extend that timeline further.

The best defence against those delays is to start early, keep your paperwork clean, and work with a team that has done this before.