The stages in order
Most EB-3 cases begin with labor certification, known as PERM, filed with the Department of Labor. Before filing, the employer obtains a prevailing wage determination and recruits to test whether qualified U.S. workers are available for the position. After certification, the employer files an immigrant petition with USCIS. The date the labor certification was filed usually becomes your priority date, which sets your place in line on the Visa Bulletin. When that date is current, the last step is either adjustment of status in the United States, where eligible and granted at USCIS's discretion, or consular processing abroad. Any stage can bring an audit or a request for more evidence, which adds time.
Who pays and what to document
The costs of the labor certification stage belong to the employer and cannot be passed to you. The EB-3 includes skilled workers, professionals with a bachelor's degree, and a subcategory for other workers, and the wait can differ between them. Your experience letters from past employers need to show the duties and dates the job requires, which is where many cases run into problems. Keep your status valid while the case moves, because a green card case pending does not by itself protect status in every situation. Diplomas, transcripts, and evaluations should match what the employer lists.
Changes during a long process
Layoffs, promotions, mergers, and job changes are common during a wait that can be lengthy. Once an adjustment application has been pending for a set period, moving to a similar job may be possible without starting over, but the details matter. A new employer generally means a new labor certification if the case has not reached that point. Before you accept a new offer or a promotion, we review where you are in the process, your status today, and the risks of the move. We explain what each choice would do to the case rather than promising a timeline.
