How does the application process work?

If the U.S. Department of Labor has granted a Labor Certification or you have been granted a National Interest Waiver, those are the remaining steps for obtaining the EB-3 green card:

The U.S. employer submits the petition (I-140) to the appropriate USCIS Service Center in the U.S. In addition to the fees, extensive additional documentation has to be added to the application, especially evidence that the employee meets the respective requirements. Please note that green card applications are very complex processes.

IMPORTANT: In 2009, the Premium Processing Service was reintroduced for the EB-3 green card application process. This means that for an extra US$ 1,000 USCIS guarantees to make a decision within 15 working days after receipt of the petition and to ask any follow-up questions within this period.

After approval by USCIS, the applicant will be issued the green card in the so-called Consular Processing. This, too, is a very complex process.

Furthermore, the applicant has the option of applying for "adjustment of status" in the U.S. (e.g. if he or she already has a valid non-immigrant status).

PLEASE NOTE: Due to the large number of applications in the EB-3 category, applicants have to be prepared for long waiting times (currently up to five years). Find current information about this in the monthly Visa Bulletin.
A visa is available immediately in case your category is marked with a "C" for "current". In case you find a cut-off date for your category, this means that no visas are available. Only if the priority date on your green card application is earlier than the cut-off date will a visa be available for you. The priority date is the date the USCIS or the U.S. consulate outside the US has received your petition.

How does the application process work?

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