Knowledge Base
Access clear and reliable information about the EB-3 process, employment-based immigration steps, and essential terms you need to understand.
Built to help you make informed decisions with confidence.
- 5-Step EB-3 Process
Step-by-Step EB-3 Immigration Process
The EB-3 process follows a structured legal path and must be completed in sequence.
01.
Prevailing Wage Determination (PWD)
The employer submits a request to the U.S. Department of Labor to determine the required minimum wage for the job.
This establishes the legally acceptable wage level for the EB-3 position.
02.
PERM Labor Certification (LC)
The employer completes mandatory recruitment, tests the labor market, and files the PERM (ETA 9089).
This certifies that:
- The job is legitimate
- The wage meets the required level
- No qualified U.S. workers were available under recruitment rules
03.
I-140 Immigrant Petition
Once PERM is approved, the employer files Form I-140 with USCIS.
This confirms:
- The job position exists
- The employer can pay the offered wage
- The worker qualifies for the role
The priority date is set at this stage.
04.
Visa Availability (Visa Bulletin)
The worker must wait until the priority date becomes current in the Department of State Visa Bulletin.
This step determines when the final application can be filed.
05.
Green Card Application (I-485 or Consular Processing)
Depending on where the worker is:
A. Inside the U.S.
They file Form I-485 (Adjustment of Status).
B. Outside the U.S.
They complete Consular Processing through the National Visa Center and their local U.S. embassy or consulate.
After approval → The worker becomes a Permanent Resident (Green Card Holder) and begins work with the sponsoring employer.
- Glossary
A–Z Immigration Glossary
A
Adjustment of Status (AOS / I-485)
Process allowing individuals already inside the United States to apply for permanent residency without leaving the country.
Alien Registration Number (A-Number)
A unique identification number assigned by the U.S. government to certain noncitizens. It is used to track an individual’s immigration records and is often referred to as the “A#” or simply “number” on immigration forms.
Audit (PERM Audit)
A request from the Department of Labor (DOL) for additional evidence or documentation related to a PERM Labor Certification application.
B
Beneficiary
The foreign national for whom an immigration petition is filed. In an EB-3 case, the beneficiary is the worker being sponsored by the U.S. employer.
Biometrics
Fingerprinting and identity verification required for certain immigration applications.
C
CBP (U.S. Customs and Border Protection)
The agency responsible for inspecting travelers at U.S. borders, airports, and ports of entry. CBP officers decide whether a person is admitted to the U.S. and in what status.
Child (for Immigration Purposes)
An unmarried person under 21 years of age, as defined by U.S. immigration law. Children can often be included as derivatives on a parent’s immigrant petition.
Consular Processing (CP)
Method of obtaining a Green Card for individuals outside the U.S., which requires an interview at a U.S. embassy or consulate.
Consulate (U.S. Consulate)
A U.S. government office located outside the United States where visa interviews are conducted and immigrant or nonimmigrant visas are issued.
Cut-Off Date
The priority date listed in the Visa Bulletin for a category and country. Applicants whose priority date is earlier than the cut-off date are eligible to move forward with the final step of their Green Card process.
E
Employment Authorization Document (EAD / Work Permit)
Employment Authorization Document (EAD / Work Permit)
F
Filing Fee
The amount of money required by a government agency (such as USCIS or the Department of State) to process a specific immigration form or application.
G
Green Card (Permanent Resident Card)
Physical proof of U.S. lawful permanent residency, allowing unrestricted employment and long-term residence in the United States.
I
I-94 Arrival/Departure Record
Official record showing when a traveler entered the U.S., their status, and how long they are allowed to stay.
I-131 (Advance Parole / Travel Document)
Allows certain applicants (including those with pending I-485) to travel outside the U.S. and return legally.
I-140 Immigrant Petition for Alien Worker
Filed by a U.S. employer to sponsor a foreign worker for permanent residency. Establishes the worker’s priority date.
I-290B (Notice of Appeal or Motion)
Form used to file:
- Motion to Reopen,
- Motion to Reconsider, or Appeal
when an immigration application is denied.
I-485 Adjustment of Status
The final step for applicants already inside the U.S. to obtain a Green Card.
Immigrant Visa
Visa issued by a U.S. consulate that allows entry as a lawful permanent resident.
ICE (U.S. Immigration and Customs Enforcement)
Agency responsible for immigration enforcement, detention, and removal operations.
IRS (Internal Revenue Service)
The U.S. federal tax authority. Employers must generally remain in good standing with the IRS and may provide tax returns or financial records as evidence of ability to pay the offered wage in immigration cases.
L
Labor Certification (PERM / ETA-9089)
DOL process confirming no qualified U.S. workers are available for a job and allowing the employer to sponsor a foreign worker.
Lawful Permanent Resident (LPR)
Individual legally authorized to live and work permanently in the United States.
M
Motion to Reopen
A request asking USCIS or DOL to review a denied case based on new facts or new evidence not previously submitted.
Motion to Reconsider
A request asking the agency to re-evaluate a decision because it was legally incorrect based on the evidence already submitted.
N
National Visa Center (NVC)
Processes approved I-140 petitions for immigrant visas and schedules consular interviews.
Naturalization
The process by which a lawful permanent resident becomes a U.S. citizen.
O
Offering / Job Offer
A full-time, permanent position offered by a U.S. employer that forms the basis of an EB-3 sponsorship.
P
PERM (Program Electronic Review Management)
The system used by the DOL to process Labor Certification applications for employment-based Green Cards.
Petitioner
The U.S. employer who files the immigration petition (I-140) on behalf of a foreign worker.
Port of Entry (POE)
The airport, border, or seaport where an individual is inspected by U.S. immigration officers upon entering the country.
Prevailing Wage
The minimum wage that must be paid to an EB-3 employee, determined by the DOL based on job duties and location.
Priority Date (PD)
The date an I-140 petition is filed. Determines when the applicant is eligible to file the final step of the Green Card.
R
Receipt Number
Unique tracking number assigned by USCIS to every immigration application or petition.
Request for Evidence (RFE)
A notice from USCIS requesting additional documentation before a decision can be made on a case.
Retrogression
A situation where EB-3 priority dates move backward due to high demand, causing delays in Green Card finalization.
U
Unlawful Presence
Time spent in the U.S. without lawful status. May result in 3-year, 10-year, or permanent bars depending on the length of overstay.
USCIS (United States Citizenship and Immigration Services)
Agency responsible for processing immigration petitions, including I-140 and I-485.
W
Waitlist
A system that allows applicants to reserve a spot for future job openings when category quotas are full.
Work Permit (EAD)
Authorization that allows a noncitizen to legally work in the U.S. under specific immigration categories.
Worksite
The physical location where the sponsored employee performs job duties for the employer.