EB-3 Employment-Based Third Preference — United States

The EB-3 category allows you to seek permanent residence in the United States based on a qualifying job offer.

It applies to specific worker groups and requires employer sponsorship, with U.S. Citizenship and Immigration Services (USCIS) reviewing key filings such as Form I-140 and, when eligible, Form I-485.

Who it's for

The EB-3 (Employment-Based Third Preference) category serves three types of workers:

You must have a U.S. employer willing to sponsor you.

Unlike certain first-preference categories, you generally cannot self-petition under EB-3.

Your employer typically files Form I-140, Immigrant Petition for Alien Worker, with USCIS on your behalf.

Filing does not guarantee approval.

USCIS reviews whether you meet the classification requirements and whether the petition qualifies under employment-based immigration rules.

You should review the official Form I-140 instructions and eligibility criteria before filing.

What it leads to

Approval of an EB-3 petition allows you to pursue lawful permanent residence in the United States.

If you are eligible to apply inside the United States, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.

USCIS decides whether to approve your adjustment of status.

If you process outside the United States, the U.S. Department of State handles your immigrant visa application and interview.

After visa issuance, U.S. Customs and Border Protection (CBP) determines your admission at a U.S. port of entry.

Once admitted as a permanent resident, you receive lawful permanent resident status, often referred to as a green card.

Quick limits and notes

A few points before starting:

• Employer sponsorship is generally required for EB-3.
• Filing Form I-140 does not guarantee approval.
• You must qualify under one of the three EB-3 subcategories.
• USCIS evaluates petitions and adjustment applications.
• The U.S. Department of State manages immigrant visa issuance abroad.

You must follow the correct sequence:

1. Employer files Form I-140 with USCIS.

2. After approval and when eligible, you file Form I-485 with USCIS or complete immigrant visa processing through the U.S. Department of State.

For current filing fees, form editions, and procedural updates, refer to USCIS guidance.

Your spouse and unmarried children under 21 can receive permanent residence through your EB-3 case as derivative beneficiaries.

They must file the correct forms based on whether they apply inside the United States with USCIS or through consular processing with the U.S. Department of State.

Who qualifies as a derivative

Employment-based immigration allows certain family members to immigrate with you as the principal beneficiary of the Form I-140, Immigrant Petition for Alien Worker.

To qualify as a derivative under the EB-3 category, the person must be:

• Your legal spouse, or
• Your unmarried child under 21 years old

You must be the named beneficiary of an approved or pending Form I-140.

Derivatives cannot file independently; their eligibility depends entirely on your case.

If you file Form I-485, Application to Register Permanent Residence or Adjust Status, your spouse and children may file their own Forms I-485 when eligible.

If you complete consular processing, they must submit Form DS-260, Immigrant Visa and Alien Registration Application, through the U.S. Department of State.

Forms and interview items for family

Each derivative must file a separate application, even though eligibility flows from your EB-3 petition.

If you adjust status in the United States, each family member files:

• Form I-485
• Supporting documents required by USCIS
• Any required supplements listed in the Form I-485 instructions

If you process through a U.S. consulate, each derivative submits:

• Form DS-260
• Civil documents required by the U.S. Department of State
• Passport and interview appointment confirmation

USCIS reviews adjustment applications.

The U.S. Department of State conducts immigrant visa interviews abroad and issues visas.

U.S. Customs and Border Protection (CBP) determines admission at the port of entry.

Always confirm current document requirements for Form I-485 and for consular processing.

Work / benefits while waiting

If your family files Form I-485 in the United States, they may request interim benefits while USCIS processes the green card application.

File these forms together when eligible:

• Form I-485 (adjustment of status)
• Form I-765 (Application for Employment Authorization)
• Form I-131 (Application for Travel Document)

This approach allows your spouse—and eligible children—to apply for an Employment Authorization Document (EAD) and advance parole while the EB-3 adjustment remains pending.

Derivative applicants do not receive automatic work authorization.

They must file Form I-765 and wait for approval before working.

Always verify current filing fees using the USCIS fee calculator.

You move from a temporary work visa to lawful permanent residence through an approved Form I-140, Immigrant Petition for Alien Worker, and a properly filed Form I-485, Application to Register Permanent Residence or Adjust Status.

You must also have an immigrant visa immediately available and meet admissibility rules under U.S. immigration law.

Eligibility to adjust status

To adjust status under the EB-3 employment-based immigration category, you must qualify to file Form I-485 with U.S. Citizenship and Immigration Services (USCIS).

Your eligibility depends on all of the following:

• You are the beneficiary of a pending or approved Form I-140.
• You file Form I-485 together with Form I-140, or after Form I-140 is filed.
• An immigrant visa is immediately available when you file Form I-485.
• An immigrant visa remains available at the time USCIS makes a final decision.
• You are admissible to the United States or qualify for a waiver of inadmissibility.
• None of the adjustment bars under section 245(c) of the Immigration and Nationality Act apply to you.

Visa availability is not optional.

USCIS will not approve your Form I-485 if a visa number is unavailable at filing or at adjudication.

If you apply through consular processing instead of adjustment of status, the U.S. Department of State handles the immigrant visa application after USCIS approves the Form I-140.

The employer petition connection

Your path to permanent residence begins with Form I-140 filed by your employer under the EB-3 category.

USCIS must receive and process this immigrant petition before you can complete the green card process.

You cannot obtain an employment-based immigrant visa without an approved or pending Form I-140 tied to you as the beneficiary.

The relationship works as follows:

USCIS adjudicates the Form I-485 only after confirming that a qualifying I-140 exists.

Without that petition, your adjustment application cannot move forward.

Visa availability requirement

An immigrant visa must be immediately available at two points: when you file Form I-485, and when USCIS issues a final decision.

If a visa number is not available at either stage, USCIS cannot approve your adjustment of status.

This rule applies whether you file Form I-140 first and then Form I-485, or submit both forms together.

Filing does not guarantee approval; visa availability must continue through adjudication.

If you process your case abroad, the U.S. Department of State will only issue the immigrant visa after USCIS approves the Form I-140 and a visa becomes available.

Admission to the United States is then determined by U.S. Customs and Border Protection at the port of entry.

USCIS processing times for Form I-140 depend on your EB-3 category and the service center handling your case.

The timeline for your petition can range from about five months to over a year, and in some employment-based immigration categories, closer to two years.

Category-specific ranges

Your EB-3 classification directly affects how long USCIS takes to adjudicate your I-140 petition.

As of January 2026, reported ranges are:

If you file under EB-3 as a skilled worker or professional, you currently see some of the shorter employment-based timelines.

Unskilled worker petitions under EB-3 take significantly longer.

I-140 approval does not grant permanent residence by itself.

You must still wait for a visa number and file Form I-485, Application to Register Permanent Residence or Adjust Status, if you are eligible to adjust in the United States.

Service-center variation

USCIS assigns I-140 petitions to different service centers, and each center posts its own processing range.

Two applicants in the same EB-3 category can experience different timelines based solely on where USCIS processes the petition.

Service centers manage separate caseloads and staffing levels.

One center may report the lower end of the posted range, while another trends toward the higher end.

You should check the USCIS processing times tool using:

• Form type: I-140, Immigrant Petition for Alien Worker
• Your specific classification (for example, E31, E32, or EW3)
• The service center listed on your receipt notice

Monitor your case status regularly.

Processing times change, and USCIS updates its estimates based on current workloads.

You complete two connected filings: your employer submits an immigrant petition, and you apply for permanent residence when eligible.

Timing, correct forms, and proper submission to U.S. Citizenship and Immigration Services (USCIS) determine how quickly your case moves.

Dual-track overview: employer petition + applicant filing

The EB-3 process has two tracks that often move together.

First, your employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS.

This petition classifies you under the EB-3 employment-based immigration category.

Second, you file Form I-485, Application to Register Permanent Residence or Adjust Status, when your priority date is current.

You may file Form I-485 at the same time as Form I-140 if your priority date is current.

Filing concurrently can reduce delays.

Use this table to understand the roles:

If required, include Form I-485 Supplement J to confirm the job offer remains valid.

Download the current versions of all forms and instructions directly from USCIS before filing.

Step-by-step filing actions

Follow these steps carefully to avoid rejection or delay:

1. Ensure your employer properly files Form I-140 with USCIS.

2. Confirm your priority date is current.

3. Complete Form I-485 fully and accurately.

4. Gather required supporting documentation.

5. Include your Form I-140 approval notice or receipt notice.

6. Attach Form I-485 Supplement J, if required.

7. Include passport-style photographs as instructed.

Submit a complete package.

USCIS may reject incomplete filings.

Use the USCIS instructions for Form I-485 to confirm document requirements and filing fees.

Check the USCIS fee calculator before sending payment.

USCIS will adjudicate your benefit request after accepting your application.

Interview, submission & where to file

Mail your completed Form I-485 package to the correct USCIS filing address listed in the official form instructions.

Addresses change, so verify the location before mailing.

After filing, USCIS may schedule you for an in-person interview.

Bring:

• A valid passport
• Government-issued identification
• Originals of civil documents submitted with your application
• Any additional documents requested in your interview notice

Attend the interview as scheduled.

Failure to appear can result in denial.

If you apply for an immigrant visa abroad instead of adjusting status in the United States, the U.S. Department of State handles the visa interview and issuance.

You can change employers during the EB-3 process, but you have to protect the validity of your job offer and confirm it with U.S. Citizenship and Immigration Services (USCIS). Your Form I-140 and Form I-485 filings dictate what you must document and when.

When the job must still exist

Your EB-3 case depends on a real, ongoing job offer in the employment-based immigration category you selected. USCIS expects that the position described in your Form I-140 remains available when you apply for adjustment of status through Form I-485, unless you qualify for a National Interest Waiver.

If you change employers, you must ensure:

• The new job qualifies under the same EB-3 category (for example, skilled worker, professional, or other worker).
• You meet the qualifications for that category.
• A valid job offer exists at the time USCIS reviews your Form I-485.

USCIS may request evidence that the job is genuine and that you have the required education, training, or experience. If the original job no longer exists and no qualifying offer supports your case, USCIS can deny your adjustment application.

Supplement J and job confirmation

If you did not file Form I-485 together with Form I-140, you must confirm the job offer using Form I-485 Supplement J. This form verifies that the employment described in the approved or pending Form I-140 remains valid.

You use Supplement J to:

1. Confirm that the job offer still exists, or

2. Document a qualifying new job offer in the same EB-3 classification.

USCIS reviews Supplement J to confirm:

• The employer intends to employ you in the offered position.
• The job matches the EB-3 category listed in your Form I-140.
• You remain qualified for the position.

If you adjust status based on an approved Form I-140 that does not require a job offer, such as through a National Interest Waiver, Supplement J is not required.

You must submit complete, signed forms with clear evidence of your identity, lawful status, and job eligibility under the EB-3 category. Missing civil records, medical forms, or proof of the approved Form I-140 can delay or deny your application.

Core documents for I-485 / consular processing

If you apply for adjustment of status in the United States, file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. Sign the form and include all required initial evidence.

Your core filing should include:

• Signed Form I-485
• Form I-140 approval notice or receipt notice (Form I-797)
• Confirmation of your qualifying job offer
• Evidence of lawful status in the United States
• Government-issued identity documents
• Two passport-style photographs

If you are a self-petitioner, include a signed statement confirming your intent to work in the specified field.

If you process through a U.S. consulate abroad, the U.S. Department of State manages the visa application and interview. You must follow its document instructions and present your approved Form I-140 and civil records at the interview.

Civil, identity, medical and police records

USCIS requires civil documents that establish your identity and background. Submit clear copies unless original documents are specifically required.

You should prepare:

• Birth certificate
• Marriage certificate, if applicable
• Valid passport (recommended validity: at least six months beyond intended entry)
• Government-issued photo ID

You must also address your criminal history. Provide certified police and court records for every arrest, charge, or conviction, even if the case was dismissed.

Most EB-3 applicants filing Form I-485 must submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, completed by an authorized physician. Submit the full or partial Form I-693 as required with your I-485 filing.

Incomplete medical or criminal records often cause delays.

Photos, proofs of job and education

You must include two identical 2x2 passport-style photographs that meet USCIS photo specifications. Follow the required format exactly.

Your EB-3 case depends on proving that you qualify for the offered position. Provide evidence such as:

• Written confirmation of the job offer
• Educational diplomas or degrees
• Training certificates
• Other credentials required for the position

The table below summarizes key supporting evidence:

Organize your documents clearly and label each exhibit. USCIS reviews whether you meet the employment-based immigration requirements at the time of filing and adjudication.