EB-3 Visa FAQ Knowledge Base

It stands for Employment-Based Immigration: Third Preference. It is a category for foreign nationals to obtain a Green Card through a job offer.

The EB-3 immigrant visa is an employment-based immigrant visa that allows a foreign national to obtain lawful permanent residency (a green card) through employer sponsorship in the United States. It is one of the most common pathways for people who do not qualify for higher-skilled visa categories like EB-1 or EB-2. Under EB-3, the employer sponsors the foreign worker and is responsible for filing the required petitions and labor certifications to prove that the position cannot be filled by a qualified U.S. worker. Successful sponsorship leads to permanent residency for the foreign worker.

They are Skilled Workers, Professionals, and Other Workers (Unskilled Workers).

The various categories under the EB-3 Employment based immigrant visa are:
EB-3(A): This category is for ‘professional workers’ with a U.S. bachelor’s or foreign equivalent degree and with a job offer from a U.S. company
EB-3(B): This category is for ‘skilled workers’ for positions that require at least two years of training or experience and with a job offer from a U.S. company
EB-3(C): This category is for ‘unskilled workers’ for positions that require less than two years training or experience and with a job offer from a U.S. company

The EB-3(C) Other/Unskilled Worker visa is a U.S. employment-based immigrant visa under the third preference (EB-3) category. It allows U.S. employers to sponsor foreign nationals to work in jobs that require less than 2 years of training, education, or experience, which are considered unskilled labor

To be eligible as a “Professional” you must be a qualified foreign national holding at least a U.S. baccalaureate degree or a foreign equivalent degree and be a member of the professions.

Persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and who are a member of the professions.

No. You must possess a U.S. bachelor's degree or foreign equivalent. Education and experience cannot be substituted for the degree.

To be eligible as a ‘Skilled worker’, you must be a foreign national capable of performing skilled labor which:
Requires at least two years of training or experience
Is not of a temporary or seasonal nature
Does not have appropriately qualified workers available in the U.S.
Note: Relevant post-secondary education may be considered as training for the purposes of this provision.

People whose jobs require a minimum of 2 years of training or work experience, not of a temporary or seasonal nature.

An unskilled worker is someone applying for a job that requires less than 2 years of experience or training. Examples include housekeeping, food processing, cleaning services, farm work, warehouse jobs, etc. Even though it’s called “unskilled,” you still must meet basic job requirements.

Yes, relevant post-secondary education may be considered as training.

No. The requirements are determined by what the job requires for any qualified applicant, as specified on the Labor Certification.

EB-2 is for more highly skilled workers and often has shorter waiting times. EB-3, especially unskilled, tends to have longer queues due to higher demand.

To be eligible as ‘unskilled worker’, you must be a qualified foreign national who can perform unskilled labor which:
Requires less than two years of training or experience
Does not require any education or degree
Is not of a temporary or seasonal nature
Does not have appropriately qualified workers available in the U.S. (Proven with DOL (with an LC) that company lacks workers available in the U.S.)

Persons performing unskilled labor require less than 2 years of training or experience, not of a temporary or seasonal nature.

Typically, you only need to meet the basic qualifications set by the employer. For example, this may include having at least two years of experience in the field, holding a high school diploma, or being at least 18 years old.

No, the EB-3 visa requires a job offer from a U.S. employer. The employer must demonstrate the unavailability of qualified U.S. workers for the position.

Some employers want to have an interview. Interviews can be conducted in various ways, such as through questionnaires, phone calls, videos, or emails.

No. Unlike some visa categories, EB-3 does not allow self-petitioning. The employer is responsible for starting and supporting your application through the entire immigration process

Yes, the Unskilled Worker category has jobs that generally require no experience, skills or a degree.

Yes, you can apply for an EB-3 visa while in the U.S. on a valid nonimmigrant visa. If eligible, you can file Form I-485 to adjust your status to that of a permanent resident without leaving the U.S.

Yes. In many cases, EB‑3 is possible while you are on F‑1 status (international student).

You can log on to Kennedy Access Group’s Resume Management System to search for employers of your choice to begin hiring process with each employer. Alternatively, you can contact one of our recruiters to find out more information.

The job offer must be permanent and full time, but there is no fixed legal period.

The EB-3 program mainly offers entry-level positions that include working in restaurants, hotels, warehouses or in caregiving. The positions are full-time and most do not require previous experience.

No. The job must be from a legitimate U.S. employer who completes the PERM process and meets the Department of Labor requirements.

None, unless otherwise listed in the job requirements per specific employer.

No. The job offer must be for a full-time, permanent position.

While they can apply for EB-3, they often qualify for EB-1 (Extraordinary Ability) or EB-2 (Advanced Degree), which usually have shorter wait times.

Minimum age requirement is 18.

While there is no fixed minimum salary requirement for the EB-3 visa, the employer must offer a wage that meets the prevailing wage determined by the U.S. Department of Labor.

Employer Obligation: The employer must pay the prevailing wage determined by the DOL at the time you receive your Green Card.
Annual Adjustments: Prevailing wages are updated every July. If the wage for your unskilled role increases during your 3-to-4-year wait, the employer must agree to pay the new, higher rate upon your approval.
Ability to Pay: If the employer cannot afford the new, higher wage according to their latest tax returns, USCIS may deny the I-140 or I-485.

For most countries the process can take several years depending on priority date backlogs and processing times.

It varies wildly based on your country of birth—ranging from 1–3 years for most, to 10+ years for some. However, all procedures are subject to review by U.S. government agencies. Consequently, the duration of the process may vary—becoming either longer or shorter—depending on the schedules of these government agencies. Furthermore, the process may be influenced by labor market conditions within the United States.

On EB-3 immigrant visa, you may:
Reside permanently the U.S.
Work in the U.S.
Travel freely in and out of the U.S.
Apply for dependent visas for your spouse and children below 21 years

No, the Department of State does not impose any restrictions on the number of times you may travel in and out of the U.S. with Form I-551 (green card).

If you have a pending EB-3 visa application, traveling outside the U.S. may have implications for your application.

Your petition for EB-3 unskilled or other worker classification must be accompanied by evidence that you meet any educational, training and experience, and other requirements of the Labor Certification.

It is because:
USCIS requires current and valid documents
Errors or missing info must be corrected before filing

Birth Certificate (Original & Translation)
Marriage/Divorce Certificate (Original & Translation)
Copy of valid/unexpired Passport (All family)
Drug Test/Criminal History (Main applicant) (if sponsor company requires)
Copy of Current U.S. Visa (e.g., I-20/I-94/F1/F2, etc.) – For I-485 applicants
Copy of Evidence of Legal Status (e.g., Form I-20 [must cover from the date of entry to current], academic transcripts, etc.) – For I-485 applicants

If you want to enter the U.S. as an EB-3 worker, you must go through the following multi-step process:
Your prospective employer must determine if you are eligible for lawful permanent residency in the U.S.
Your prospective U.S. employer must complete Application for Permanent Employment Certification, Form ETA-9089, and submit it on your behalf to the Department of Labor’s Employment and Training Administration (ETA). The ETA may either grant or deny the certification request.
USCIS may either approve or deny Form I-140, Immigrant Petition for Alien Worker, filed on your behalf by the prospective employer.
USCIS must give you your priority date once Form I-140 is approved.
If you are already in the U.S., you must apply for Adjustment of Status if your Priority Date meets the eligibility based on the USCIS Visa Bulletin.
If you are outside the U.S., you must complete your immigrant visa processing at a U.S. Embassy or Consulate

Yes, the process may be completed from the applicant’s home country or the country of actual residence.

Yes, upon approval of your Form I-140, Immigrant Petition for Alien Worker, your spouse and children under 21 years of age may apply for immigrant visas through adjustment of status in the U.S. or through consular processing at a U.S. embassy or consulate outside the U.S.

Possibly, under the Child Status Protection Act (CSPA) if they meet the age calculation formula. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

No. Only spouses and unmarried children under 21 are eligible as dependents.

If your Form I-140, Petition for Alien Worker is denied, you may file Form I-290B, Notice of Appeal, along with the required fee at the appropriate USCIS Regional Service Center within 33 days of receiving the denial.

U.S. Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), and Department of State’s National Visa Center (DOS or NVC).

More information about EB-3 can be found from the website of U.S. Citizenship and Immigration Services and National Visa Center.

The EB-3 program allows employers to hire skilled, professional, or unskilled workers for positions that may be hard to fill with U.S. workers. It gives employers access to a broader pool of qualified candidates, helps acquire employees with permanent work authorization, has higher employee retention, and provides a cost-effective way to plan for long-term staffing needs.

For a sponsored applicant, the EB-3 program offers a path to live and work permanently in the U.S. with a green card. It provides job security, the ability to bring their dependents (spouse and unmarried children under 21), and the chance to build a long-term life in the United States. It also provides an opportunity for them to apply for U.S. citizenship after 5 years of legal residency or after 3 years if they marry a U.S. citizen. After 10 years, they can choose to renew their green card or, if eligible, apply for U.S. citizenship.

Yes, multiple foreign workers may be sponsored as long as each position meets EB-3 requirements and follows the proper procedures.

No, you generally cannot change your sponsoring employer during the process without restarting to the whole process. Once the Labor Certificate has been file, your case is tied to a specific employer and job position, switching employer would require new Labor Certificate filing.

Before I-140 approval, switching employers typically requires restarting the process. After I-140 approval, options may exist, but EB-3 is employer-specific, so changes are limited compared to other visa types.

You are expected to intend to work for the employer. Leaving immediately may raise concerns about fraud or misrepresentation.

It may be possible, but it depends on the employer. If you leave the company on good terms and they have an opening, they might consider hiring you again. However, this decision ultimately lies with the employer at the time of your reapplication.

Typical reasons for denial include an applicant's previous criminal record, fraudulent or missing documents, and immigration violations.

Missing deadlines (especially for RFEs or interviews) can lead to denial.

Government filing fees are not refundable. Attorney or agency fees depend on contract terms and conditions as to whether or not refunds may be issued.

You should work for the sponsoring employer for a reasonable period of time.

Yes. After receiving a Green Card, or EAD Card for domestic applicants, family members can work for any employer.

Yes, after holding a Green Card for typically 5 years. You may apply for naturalization if you meet all requirements.

The EB-3 process is a multi-stage pathway for foreign workers to obtain permanent residency that typically spans 2 to 5 years, though it can take significantly longer (10+ years) for applicants from high-demand countries like India or China due to visa backlogs. However, all procedures are subject to review by U.S. government agencies. Consequently, the duration of the process may vary—becoming either longer or shorter—depending on the schedules of these government agencies. Furthermore, the process may be influenced by labor market conditions within the United States. Phase 1: PERM Labor Certification (Employer-Led)
The Department of Labor (DOL) must certify that no qualified U.S. workers are available for the position.
● Prevailing Wage Determination (PWD): The employer requests the minimum wage for the job position by the DOL. This takes approximately 4–8 months.
● Recruitment: The employer must advertise the job (e.g., Sunday newspapers, State Workforce Agency) for 30–60 days to test the local labor market.
● PERM Filing (Form ETA-9089): After recruitment, the employer files the PERM application. Processing currently takes about 12–18 months. The filing date becomes your Priority Date (your place in the green card queue).

Phase 2: Form I-140 Immigrant Petition
Once the PERM is approved, the employer petitions USCIS to officially sponsor you.
● Employer Evidence: The employer must prove they have the financial "ability to pay" the offered wage.
● Employee Evidence: You must provide proof of your qualifications (degrees, experience letters).
● Processing Time: Standard processing takes 6–12 months. Premium Processing is available for an extra fee ($2,965 as of May 1, 2026), which guarantees a response within 15 business days.

Phase 3: Green Card Application (I-485 or Consular Processing)
The final step occurs once your Priority Date is "current" on the monthly Visa Bulletin.
● If in the U.S. (Adjustment of Status): You file Form I-485. You may also apply for a work permit (EAD) and travel document (Advance Parole) while waiting.
● If outside the U.S. (Consular Processing): Your case is sent to the National Visa Center (NVC), and you attend a final interview at a U.S. embassy or consulate in your home country.

Yes, the EB-3 visa category, like most other employment-based visa categories, has an annual limit on the number of visas that can be issued. This limit is determined by the U.S. government and varies based on factors such as visa demand and country of origin.

The main risk can include long processing times, possible delays, employer-related issues, and changes in the U.S. immigration policies.

This occurs when demand exceeds supply, causing priority date backlogs. EB-3 Unskilled is often heavily backlogged.

Yes, EB-3 is a long-term pathway to a green card. Retrogression delays timing but does not cancel your place in line (priority date stays secured).

EB-3 is still a good option for working and living in the US, especially for people without a college degree or special skills. However, the processing time has increased, so applicants should be prepared for a longer timeline and think carefully before applying.

Spouses or eligible children may apply for work authorization after filing Form I-765 or by entering with immigrant visas and using the Form I-551.

Depends on job requirements listed in PERM.

It depends on the job. Some employers require basic English skills, especially in customer-facing roles. Others (like factory jobs) may have minimal language requirements.

Criminal records can affect eligibility. Minor offenses may be waived, but serious crimes usually make applicants ineligible

Immigrant visa availability is based on the applicant’s country of birth, not citizenship. This is known as “chargeability.” Each country has annual limits, which is why countries like India, China, Mexico, and the Philippines often have longer wait times.

In certain cases, applicants may use a spouse’s country of birth for visa allocation purposes. This is called cross-chargeability. For example, if the principal applicant was born in a heavily backlogged country but the spouse was born in a country with shorter wait times, the case may proceed under the spouse’s country. This can significantly reduce waiting times.

The U.S. Department of State maintains a Reciprocity Schedule (https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html) that outlines what civil documents (birth certificates, marriage certificates, police clearances, etc.) are available and acceptable from each country. Applicants must follow the specific requirements for their country. Some countries require alternative documents or have unavailable records, in which case secondary evidence may be required. Always refer to the official reciprocity schedule to ensure compliance.

If you have your Green Card, being fired does not cancel your residency, but the timing matters for your future citizenship.
1. If you already have your Green Card
● Status is Secure: You remain a Lawful Permanent Resident and can work for any employer.
● Good Faith Intent: You must be able to prove you intended to work for the sponsor. If fired very early (e.g., under 6 months), USCIS may question this during your citizenship interview.
● Keep Records: Save your termination letter or layoff notice to prove the job ended involuntarily.
2. If your I-485 is still pending
● Under 180 days: Your application will likely be denied unless you find a new sponsor immediately.
● Over 180 days: You can switch to a "same or similar" job without restarting the process (AC21 Portability).

Form G-28 is used to officially notify the government that an attorney or accredited representative is representing the applicant or employer before the U.S. Citizenship and Immigration Services or the U.S. Department of Labor.

In the EB-3 context, your eligibility depends on whether you have been granted asylum or have an application pending.
1. Asylee (Status Granted)
● Definition: You have an official approval notice (Form I-797).
● EB-3 Relevance: You can be sponsored for an EB-3 visa, but most asylees choose to apply for a Green Card directly through their asylum status after one year.
2. Asylum Seeker (Application Pending)
● Definition: You have filed Form I-589 but are awaiting a decision.
● The "Status" Gap: While a pending application provides "lawful presence," it is not a valid nonimmigrant status (like H-1B or F-1).
● The Risk: To adjust to an EB-3 Green Card within the U.S., you must maintain a separate, valid nonimmigrant status. If your original visa expired while your asylum case was pending, you may be ineligible to complete the EB-3 process inside the U.S.
3. 2026 Policy Constraints
75-Country Pause: If you are from one of the 75 affected countries and are forced to leave the U.S. for "consular processing" (because you lack status), you will face an indefinite delay in receiving your visa.

Asylum status is granted to individuals physically present in the U.S. (or at a port of entry) who meet the legal definition of a refugee.
1. Core Eligibility Criteria
Applicants must prove they are unable or unwilling to return to their home country due to:
● Past Persecution: They have already suffered significant harm or threats.
● Well-Founded Fear: There is a "reasonable possibility" of future persecution if they return.
2. The Five Protected Grounds
The persecution must be specifically based on:
1) Race
2) Religion
3) Nationality
4) Political Opinion (actual or imputed)
5) Membership in a Particular Social Group (e.g., gender, sexual orientation, or family membership)
3. Key Restrictions
● One-Year Deadline: You must generally file Form I-589 within one year of your last arrival in the U.S.
● Bars to Asylum: Ineligibility applies if you have committed serious crimes, pose a security threat, or were "firmly resettled" in another country before arriving.
● Location: You must be inside the U.S. to apply for asylum. If you are outside the U.S., you must apply for Refugee Status through the U.S. Refugee Admissions Program (USRAP).
4. Family Dependents
A principal applicant can include a spouse and unmarried children under 21 who are also present in the U.S. in their application.

While the EB-3 visa program itself is established by U.S. law and is unlikely to be permanently "closed," the availability of visas can fluctuate. There are two scenarios that applicants should be aware of:
● Visa Retrogression: This happens when the demand for visas exceeds the annual statutory limit. When this occurs, the "cut-off date" in the monthly Visa Bulletin moves backward. If your priority date is later than the cut-off date, you must wait until the dates advance again before your green card can be issued.
● Temporary Unavailability: Toward the end of a fiscal year (which runs from October to September), the annual quota for EB-3 visas may be fully exhausted. If this happens, USCIS and the Department of State may temporarily stop issuing visas until the new fiscal year begins on October 1st.

As of early 2026, the EB-3 category for most countries (including South Korea) remains active. However, because processing times and visa availability change monthly based on government data, we closely monitor the U.S. Department of State’s Visa Bulletin to provide our clients with the most up-to-date timing estimates.

Permanent residency allows a foreign national to become a lawful permanent resident (a green card holder) who is authorized the legal right to live and work in the United States indefinitely as long as they maintain their status and comply with U.S. laws. However, permanent residents cannot vote in federal elections, run for federal office, or hold certain government jobs that require U.S. citizenship.

Yes. The EB‑3 program allows you to legally get a U.S. Green Card and work in the United States.

An immigrant visa allows a foreign national who is applying for lawful permanent residence (a green card) to travel to the United States. A non-immigrant visa allows a foreign national to visit the United States temporarily for a specific period, such as tourism (B-1/B-2), to study (F-1), or for temporary employment (H-1B).

Yes, it will be helpful to have this information when we submit the I-140. We will need to indicate on the Form I-140 that you prefer to have your NVC consular interview in New Zealand. The NVC consular process will require your residency documents to verify that you are legally residing in New Zealand with a valid visa or status.

A U.S. green card (Permanent Resident Card) is valid for 10 years and should be renewed up to 6 months (180 days) with the U.S. Citizenship and Immigration Services (USCIS) before it expires. Permanent residents may apply for U.S. citizenship once they have accumulated five years of actual physical presence in the U.S. following the acquisition of their permanent residency, or after 3 years if they are married to a U.S. citizen.

Yes, we recommend you file for renewal up to 6 months (180 days) before your current EAD expires. There will be an attorney's fee associated with the renewal of the EAD cards.

PERM is a system through which employers can hire a foreign national by applying electronically or by mail to DOL in which they attest that they have taken certain steps to recruit U.S. workers and that they have been unable to locate a qualified U.S. worker for the position. Employers will be responsible for documenting their compliance with the recruitment steps enumerated in the regulations, but they will only submit that documentation to DOL if DOL chooses to audit their applications.

It is the Program Electronic Review Management system used by the DOL to process Labor Certifications.

PERM (Program Electronic Review Management) is the first major step in the EB-3 green card process. It’s a labor certification from the U.S. Department of Labor that ensures an employer has tested the U.S. job market and confirmed that no qualified U.S. workers are available before hiring a foreign worker.
To complete this process, the employer must first obtain a prevailing wage determination (Form ETA-9141), then conduct a PERM recruitment advertisement process to test the U.S. labor market, and then be able to file a Labor Certification (Form ETA-9089) application with the Department of Labor for the specific position they intend to fill with a foreign worker. The recruitment, advertisement steps and filing of the Labor Certification must be completed within a 180-day validity period.

Foreign persons who have been offered permanent employment in the U.S., and who do not meet the criteria for exemption from labor certification, must obtain Permanent Labor Certification, commonly referred to as labor certification from the U.S. Department of Labor (DOL). A permanent labor certification issued by DOL allows an employer to hire a foreign worker to work permanently in the United States.

To protect U.S. workers by ensuring there are no sufficient, able, willing, and qualified U.S. workers for the position and that the employment won't adversely affect wages.

In most cases under the EB-2 and EB-3, the employer must apply and receive an approved “labor certification” from the DOL for each foreign national.

“Lawful U.S. workers” include U.S. citizens, permanent residents, asylees, and refugees.

It is the minimum wage the DOL requires an employer to pay for a specific occupation in a specific geographic area.

The employer must request and receive the PWD from the DOL before filing the PERM application.

Yes. The employer must conduct a recruitment process, including placing ads in newspapers and with State Workforce Agencies.

The PERM recruitment advertisement process is a required step by the U.S. Department of Labor to test the local labor market and determine if qualified U.S. workers are available. Employers must advertise the job opportunity to U.S. workers before seeking to hire foreign workers.
Under Department of Labor requirements, the sponsoring employer must complete advertisement requirements, involving posting a job order with the state workforce agency (SWA) for at least 30 consecutive days, placing two print Sunday newspaper advertisements in a widely circulated publication, and posting a Notice of Filing (NOF) at the worksite for at least 10 consecutive business days.
The recruitment process must be completed within a 180-day validity period, and a 30-day quiet period is also required after the advertisements are completed, after which the Labor Certification (Form ETA-9089) can then be filed with the Department of Labor. Including the quiet period, the advertisement process typically takes 60 days or more within the 180-day PERM recruitment period.

The employer generally cannot proceed with the PERM for the foreign worker if a qualified U.S. worker is available and willing to take the job.

No. You can’t change employer. But under the "Portability" rule, you can change employers if your I-485 has been pending for 180 days or more, provided the new job is "same or similar."

The Green Card is for a "permanent" position. While you aren't legally bound to the employer, leaving too soon could raise questions about your "intent" when you initially applied.

To sponsor an EB-3 employee, an employer must be a legitimate U.S. business that is legally registered, actively operating, has a valid FEIN, a physical U.S. address, and follows all labor laws. The employer also needs to offer a full-time, permanent position of at least 12 months, provide company and job information for the prevailing wage determination, and may need to disclose additional corporate or financial details during the immigration process with DOL and USCIS. All corporate information is handled confidentially and only used to meet government agency requirements or requests.

No. The EB-3 unskilled worker position must be full-time and permanent.

Generally, yes. EB-3 is employer-sponsored, and withdrawal is within their rights.

Your case may be terminated since EB-3 is employer-based. You would typically need a new sponsor and restart the process.

It is filed electronically using Form ETA-9089 through the DOL’s FLAG (Foreign Labor Application Gateway) system.

A completed application will describe in detail the job duties, educational requirements, training, experience, and other special skills the employee must possess to perform the work, and outline the foreign workers’ qualifications. In addition, the employer is required to include on the Form ETA-9089 the NPWC provided information: the prevailing wage, the prevailing wage tracking number, the SOC code, the occupation title, the skill level, the wage source, the determination date, and the expiration date.

Yes. The proffered wage must be at least 100% of the prevailing wage. No deviation is acceptable.

Yes. A request to review the determination can be filed within 30 days of the determination.

An employer should be careful when setting minimum requirements for the job position. The requirements must be normal to the occupation, and not more than the worker possessed when hired for the position. Nor can the requirements be tailored to the foreign worker's specific skills and qualifications.

Yes. But the employer must be adequately documented as arising from business necessity.

An employer should retain supporting documents for five years.

I-94 that was issued for their latest entry into the U.S. is required. Also history of arrival and departure can be found on this website (https://i94.cbp.dhs.gov/search/history-search)

Applications must be signed by the employer, applicant, and attorney’s office, after the labor certification has been approved.

an employer has to register on PERM online.
prior to filing Form ETA-9089, the employer must request a prevailing wage determination from the National Prevailing Wage Center (NPWC).
an employer has to complete mandated recruitment steps (discussed later) before filing an application on PERM.
the employer may electronically file Form ETA-9089, attesting that it has undertaken the necessary recruitment under PERM as well as attesting to various other requirements within 180 days from the earliest recruitment step.
the PERM system will automatically accept or deny the application. As part of the initial review of the application a sponsorship check will also be conducted under which DOL personnel will contact the employer by email or by phone to make sure they are offering a job to the foreign worker.
even if the application is not denied by the system, the DOL may select an application for an audit or for supervised recruitment and it would exercise this scrutiny for both problematic and random applications.
provided an application has not been selected for audit and the sponsorship check is completed, the application is sent to an analyst for final review. The analyst conducts a final check to determine that the application contains no errors or inconsistencies and that there are no issues that warrant an audit. If there are no rule violations and no issues warranting issuance of an audit letter, the application will be certified and returned to the employer by the DOL analyst, and a labor certification will be issued.

The DOL is reporting an average PERM processing period of around 16 months. Processing times for Audited Cases can vary in time.

Prior to filing an application for labor certification, an employer must place two advertisements on two consecutive Sundays in a major newspaper of general circulation in the area of intended employment. Both ads must have been placed more than 30 days, but not more than 180 days, before filing, and may be placed on consecutive Sundays. The ads must list the name of the employer, the geographic area of employment and a description of the position specific enough to apprise U.S. workers of the job opportunity. The employer may include minimum education and experience requirements or specific job duties in the ad if those requirements also appear on Application for Permanent Employment Certification, Form ETA-9089

An employer must post a Notice of Job Opportunity in conjunction with the outside recruitment for the position. The notice must be posted for a period of 10 business days, and the notice period may be no more than 180 days before filing and no less than 30 days before filing. The Notice is posted at a location such as an employee notification bulletin board in an area accessible to all the employer’s employees. The Notice must contain the salary for the position but may contain a salary range so long as the lower level of the range meets or exceeds the prevailing wage.

An employer must complete a Form ETA-9141, Application for Prevailing Wage Determination, and file it with the Department of Labor, prior to any Form ETA-9089 being filed.

The validity period of the prevailing wage on the PWDR form must be valid for at least 90 days and no more than one year from the determination date on the form. Employers must either begin recruitment, or file their PERM applications, within the validity period on the PWDR.

The employer must prepare documentation of all of its recruitment steps, such as newspaper advertisements and printouts of web sites. The employer should maintain copies of all resumes or applications submitted in connection with the recruitment filing.

In certain circumstances, the PERM system will deny the filing automatically without an adjudicator's review. These are common reasons:
the prevailing wage determination obtained from the SWA has expired;
the job order placed with the SWA did not run for thirty days;
the application is submitted less than thirty days from the end of completion of the job order, job posting, or last recruitment step; or
the application listed recruitment in the Form ETA-9089 that took place outside the 180-/30-day recruitment period.

Supporting documentation may not be filed with the Form ETA-9089. But the employer must provide the required supporting documentation if the employer's application is selected for audit or if the Certifying Officer otherwise requests it.

DOL refuses to reveal audit criteria to retain the flexibility of changing audit criteria.

Processing times for Audited Cases can vary over time. As of May 1, 2026, the DOL is reporting average PERM processing period of around 16 months. Many applications have been selected for an audit resulting in delays of over two years. Although PERM was designed to streamline and expedite labor certification, the program has once again been mired by delays and backlogs especially if a case has been selected for audit.

An employer is required to place two Sunday advertisements for the position. For professional positions, the employer must take three further recruitment steps. The employer also needs to place a 30-day job order with the State Workforce Agency (SWA), as well as obtain a prevailing wage determination from the SWA. Furthermore, the employer has to internally post a job notice for 10 days. Furthermore, previously qualified laid off workers by the employer must be considered if the application is filed within 6 months of the lay-off of a qualified worker in the same or related occupation.

Mandated recruitment must be conducted more than 30 days and less than 180 PRIOR to filing.

A test of the labor market is required when applying for labor certification. It is done through newspaper advertisements and other forms of recruitment, along with an internal posting and a job order on a DOL job site. Any responses to the recruitment must be evaluated carefully and in good faith. The employer can reject applicants only for lawful, job-related reasons.

It is generally considered a professional occupation requiring a bachelor's degree or higher. For all other occupations not normally requiring a bachelor's or higher degree, employers can simply recruit under the requirements for nonprofessional occupations. Employers are not prohibited from conducting more recruitment than is required by the regulations.

Yes. If a labor certification is denied or revoked, an employer can request a review of the decision by submitting a written request to Board of Alien Labor Certification Appeals (BALCA).

Labor certification is only a first step in the permanent resident process to obtain a green card. After the labor certification application is certified by DOL, it should be submitted to the USCIS with a Form I-140, Immigrant Petition for Alien Worker. The foreign nationals will not gain any immigration or employment benefits at this stage.

Yes. Physical therapists and professional nurses have been exempted from most of the labor certification requirements under Schedule A. Also, certain people of exceptional ability are exempted from labor certification.

Yes. A labor certification is only required for individuals applying under the EB-2 and EB-3. Individuals who qualify under the EB-1, EB-4 and EB-5 do not require a labor certification. Applications requesting a waiver of the job offer requirement in the national interest under the employment-based second preference also do not require labor certification.

If a Labor Certification (PERM) expires before an I-140 is filed, it becomes invalid and cannot be used. Key Consequences are:
● Automatic Rejection: USCIS will reject any new I-140 petition filed after the 180-day validity window.
● Process Restart: The employer must restart the entire process, including a new Prevailing Wage Determination and recruitment.

There is no application fee for PERM.

A beneficiary (applicant) must apply for the Form I-485 and wait at least 180 days before filing a new I-485 Supplement J to port the job to a same or similar occupational classification as the original U.S. employer. Otherwise, the beneficiary may not use Form I-140 to apply for a different employer.

Typically, the Form I-140 is no longer valid. You need to start the PERM process again through the new employer’s sponsorship. An alien beneficiary of a pending Form I-140 whose application for adjustment of status has been filed and remains unadjudicated for 180 days or more and who seeks to change to a new job that is the same or similar occupational classification may submit a request to “port” and work for a new employer under AC21. In order for the Form I-140 petition to remain valid, USCIS must determine that the petition was “valid” when filed, i.e., that the original I-140 petition was filed on behalf of an alien who was entitled to the employment-based classification and that the petition contained a valid job offer at the time that the petition was filed. Therefore, the petition must be approved prior to a favorable determination regarding a portability request. If evidence is submitted to USCIS that an alien seeks to adjust on the basis of a new job offer, then USCIS will first determine if the alien is the beneficiary of an approved I-140 petition. If not, the adjudicator will proceed to determine whether the unapproved pending I-140 was approvable when filed. Then, only if the I-140 can be approved, will USCIS adjudicate the adjustment of status application and determine if the new position is the same or similar for I-140 portability purposes.

Yes, but you can keep your original priority date. AC21 allows aliens to change or port the offer of employment on which their adjustment of status application is based from one job to another job as long as both jobs are in the same or similar occupational classification. However, for an alien to change the offer of employment, his or her I-485 must have been pending with USCIS for 180 days or more. In other words, two weeks of pending time for the I-485 is insufficient, and you would need to go through the process again. However, there is no restriction on the use of a priority date from the original petition, given that the original petition was not denied or revoked.

It is valid for 180 days from the date of certification. The I-140 must be filed within this window.

Yes. The DOL may randomly or purposefully select applications for an audit, requiring the employer to submit all recruitment documentation.

Yes. Certifying officers have the authority to revoke approved certifications in the case of fraud, misrepresentation, obvious errors or for grounds or issues related to the labor certification process.

The date the labor certification application is received by the DOL is known as the filing date and is used by USCIS and the Department of State as the priority date for either I-485 or DS-260 filing. The priority date also determines when the case is eligible for final processing (i.e., green card approval).

The priority date is typically the date the PERM application is filed with the U.S. Department of Labor; however, the priority date is officially established upon the approval of the I-140 petition by USCIS. It determines when the applicant can move forward with the green card process based on visa availability in the U.S. Department of State Visa Bulletin.

The determinations are based on:
Whether there are not sufficient U.S. workers who are able, willing, qualified and available for the position and/or
Whether the employment of a foreign person will adversely affect the wages or working conditions of U.S. workers similarly employed; and
Whether the employer has met the procedural requirements of the regulations.

PERM Labor Certification applications are processed by the U.S. Department of Labor (DOL) through the FLAG (Foreign Labor Application Gateway) system, typically online, with Atlanta or Chicago National Processing Centers handling them. The PERM program will provide Prevailing Wage Determinations (PWD) for certain work positions in that certain region.

Employers who applied for a labor certification under PERM after March 28, 2005 must file a new Form ETA-9089 under the new PERM regulation.

The employer must pay all costs, including legal fees. The foreign worker is prohibited from paying for any part of the PERM process.

A Form I-140, Immigrant Petition for Alien Worker, is the process submitted to the U.S. Citizenship & Immigration Services. The Form I-140 is filed by the petitioner (employer) to petition for a foreign national to work permanently in the U.S. For EB-3 applicants, an approved labor certification (Form ETA-9089) is required in order to submit Form I-140.

Form I-140, Immigrant Petition for Alien Worker.

The U.S. employer (the petitioner) files it on behalf of the foreign worker (the beneficiary).

Form I-140 is filed on behalf of the petitioner (employer) for each individual beneficiary (applicant). The beneficiary must provide any updated civil documents, information, and evidence of lawful status in the United States in order to safely proceed with this stage. The beneficiary must also sign the Form ETA-9089 Approval Appendix to validate the approved labor certification prior to Form I-140 submission.

The employer must prove they can afford to pay the offered wage from the priority date until the worker becomes a permanent resident.

Usually through annual reports, federal income tax returns, or audited financial statements.

For "Schedule A" occupations (like Nurses), the employer files the I-140 directly with USCIS with an uncertified PERM application.

This refers to the USCIS Asylum Program Fee, which helps fund the asylum system. It applies to employment-based petitions like I-140.

Yes, for the I-140 petition. By filing Form I-907 and paying an extra fee, you get a response in 15 business days.

The term used here is the Request for Premium Processing with Form I-907 (fee: $2,965 as of March 1, 2026; check USCIS for updates) along with a copy of the I-140 Receipt Notice to the service center. Upon receiving Form I-907, the USCIS will either adjudicate the petition or issue a Request for Evidence within 15 business days.

Yes, you can. There will be a USCIS premium processing fee and you may incur an attorney’s fee. Once we receive the payment, the attorney will process Form I-907, obtain all applicable signatures, and send it to USCIS.

No. It only approves you as eligible. You must still wait for a visa number to become available to apply for the Green Card itself.

Only if your priority date is "current" in the Visa Bulletin. This is known as "concurrent filing."

If your priority date is current when the employer is preparing to file the Form I-140, you are eligible to file your Form I-485 (Adjustment of Status) concurrently. This benefit extends to dependents (spouse and children under 21 years old).

The employer may appeal the decision or file a motion to reopen/reconsider, depending on the reasons for denial.

It is the date the PERM was filed with the DOL. It marks your place in the "Green Card line."

Your priority date is established at the time your employer filed your Form ETA-9089. The Labor Certification adjudication process can take between 12-16 months. Although the priority date is based on the Form ETA-9089 filing date, the official date used by USCIS can be found on the Form I-140 Receipt and/or Approval Notices (Form I-797).

A Form I-140 does not grant any benefits for employment authorization. You must have an underlying active nonimmigrant status with employment authorization to be able to work in the U.S. during this stage.

The I-140 does not expire and there is no time limit on it. Please note however that an employer can request to withdraw sponsorship. If USCIS accepts the withdrawal, then the I-140 is no longer valid for the purpose of adjusting your status. You may, however, preserve your original priority date should you find a subsequent I-140 employer who wishes to sponsor you. While they will be required to file a new PERM and I-140, the old priority date will be transferred to the new petition.

After USCIS receives your Form I-140 Petition, a Receipt Notice is issued, and a Receipt Number is assigned to your case. The processing time taken by USCIS to approve or reject the I -140 depends on whether a Request for Evidence (RFE) is issued, duplicate Requests for Evidence are issued, or a Notice of Intent to Deny is issued. Furthermore, processing times can vary greatly given that particular service centers may have longer backlogs. If your case is approved, then an Approval Notice will be issued. The approval of an I-140 does not confer any status or authorized period of stay permission. Your status will remain the same as prior to approval of your I-140 petition.

An RFE is issued by USCIS when additional documentation is needed before a decision can be made.

Some reasons include Insufficient proof of job requirements, Employer’s ability to pay, or Degree equivalency issues.

Most RFEs give around 87 days to respond, but the exact deadline will be listed on the notice. Missing that deadline usually results in denial.

Yes, and it’s a good idea. You can include supporting evidence that strengthens your case overall, as long as it directly relates to the issue raised.

Once USCIS receives your response, they’ll review everything and either approve the case, issue another RFE, or deny it. Processing times can vary.

Using the Form I-140 Receipt Number (found on the Form I-797 or I-140 Receipt Notice) you may track the status of the petition by using the USCIS Case Status Online Check website.

Need to wait for your priority date. Then, if you apply inside from the USA, you need to file the I-485 Adjustment of Status process, OR if you apply from outside of the USA, you need to file the DS-260, and then the embassy interview will be held.

A monthly report from the State Department showing which priority dates are eligible to move to the final step of the Green Card process.

The Visa Bulletin is a monthly publication by the U.S. Department of State that shows the availability of immigrant visas (green cards) they are processing that are subject to annual quotas. It indicates when an applicant’s priority date is current, allowing them to file for adjustment of status (Form I-485) in the U.S. or proceed with consular processing (Form DS-260) abroad.
The EB-3 "Other Workers" category has an annual limit of 10,000 immigrant visas issued for each fiscal year (October 1 to September 30).

The government limits how many employment-based Green Cards are issued each year, and demand often exceeds the supply.

It means there is no backlog for that category/country, and you can file for your Green Card immediately.

Because of "per-country limits." No single country can receive more than 7% of the total visas in a year.

When the "cut-off date" in the Visa Bulletin moves backward because more people applied than visas were available.

If your I-485 is already filed, it can stay pending even if the date moves backward. But if you haven’t filed yet, you’ll have to wait until it becomes current.

On the Visa Bulletin, the Dates for Filing indicate when you can submit your green card application (Form I-485) in the U.S. or your DS-260 for consular processing abroad, even if a visa isn’t yet available. The Final Action Date shows when a visa is available, and your case can be adjudicated for green card approval.

Each applicant intending to immigrate to the United States must pay the IV fee.

No, fees must be paid to NVC using the online Consular Electronic Application Center (CEAC).

No, all payments must be made using a U.S. bank checking or savings account.

No, NVC cannot accept fee payments over the phone.

No, NVC cannot accept personal checks or credit card payments.

If you do not complete the DS-260 submission within approximately one year of the NVC Fee Invoice issued, you will receive a notice of intended termination. Even if you have to continue the process, all incomplete steps, including the fee you previously paid, will be reset, and you will be required to pay the fee again.

The process of applying for a Green Card while you are already inside the U.S. in another legal status.

Applying for I-485 while on a B1/B2 visa is generally not recommended and is very risky. Since B1/B2 visas are issued for tourism purposes, applying for an I-485 under this status may be considered fraud regarding the purpose of entry by USCIS. We recommend that you follow the appropriate solution tailored to your status.

The process of getting your immigrant visa at a U.S. embassy or consulate in your home country or the country of actual residence.

Only if you have "Advance Parole" or a valid H-1B/L-1 visa; otherwise, leaving the U.S. may result in your application being considered as abandoned.

Most EB-3 applicants are required to attend an interview at a USCIS office or a U.S. embassy or consulate.

The foreign worker is typically responsible for costs associated with filing Form I-485. These expenses generally include the USCIS filing fee, biometrics fee, medical examination fee, and any additional USCIS related costs such as work or travel authorization fees.

After receiving your green card, you can apply for citizenship after 5 years of permanent residency, or after 3 years if you are married to a U.S. citizen.

You can check the status of your I-140 or I-485 on the USCIS website using your 13-character receipt number.

Form I-485 is the application used to adjust your status from nonimmigrant (temporary) visa holder to a lawful permanent resident (green card holder). Foreign nationals who are in the U.S. on certain types of temporary nonimmigrant visas, and wish to change to a different visa classification can file Form I-485 to adjust their status from nonimmigrant to a lawful permanent resident.

All I-485 applications are filed when I-140 is concurrently filed or approved. Note that the foreign national must file I-485 prior to the expiration of their lawful status, found in Form I-94. Eligibility to file it will depend on the applicant’s priority date and the USCIS’s Adjustment of Status Application Visa Bulletin chart.

Read the Paying USCIS Fees page (https://www.uscis.gov/forms/paying-uscis-fees) for more details.

Yes, both the service fees and government filing fees may be subject to change at any time, depending on policy updates and other factors. Government filing fees are determined by U.S. immigration agencies and may change based on government regulations.

Adjustment of status applicants must submit the Form I-485 Supplement J (Confirmation of Valid Job Offer or Request for Job Portability) along with their Form I-485 package, with the sponsoring employer’s signature to confirm that the job offer is still valid.

During the required medical examination, the alien must present proof of vaccination against the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B, hepatitis A, hepatitis B, varicella (chickenpox), hemophilic influenza type B, rotavirus, meningococcal, and pneumococcal vaccines. If the applicant's records show that he or she has not received a complete series of each vaccine and there is no other evidence of immunity, the civil surgeon will administer a single dose of each missing vaccine at the time of the medical examination and certify the alien's eligibility for a “not medically appropriate“ waiver if the dose administered during the examination does not complete the vaccine series. Please see the USCIS webpage for the most up-to-date information.

The USCIS has extended the validity of medical examination results submitted on Form I-693 until the adjustment application is adjudicated. It is not indefinitely valid. Each Form I-693 is bound to the specific immigration application it was originally submitted with.

The USCIS will provide instructions for all applicants. Typically, they will schedule a Application Support Center (ASC) appointment to collect biometrics for immigration background checks.

Actual fingerprinting in most cases is conducted at fingerprinting centers known as Application Support Centers (ASCs). The applicant should bring the appointment notice and a valid piece of identification (alien registration receipt card or alternate photo identification, for example, a state-issued driver's license) to the scheduled appointment. After fingerprinting is conducted, the USCIS will submit the fingerprint card to the FBI for a background check. An affirmative response must be received from the FBI before an adjustment application can be adjudicated.

Once fingerprints are taken, it generally takes thirty days for the FBI clearances to appear in the USCIS's system. This process is handled internally with USCIS.

Once a fingerprint and clearance are in the system, the clearances are valid for fifteen months from that date. Applicants will need to be re-fingerprinted once the clearances have expired, if requested by the USCIS.

Yes. If you require employment authorization or advance parole, you may file those applications with the service center simultaneously as part of the adjustment of status application package. An application for employment authorization is filed on USCIS Form I-765 and an advance parole application is filed on USCIS Form I-131. After filing I-485, If you choose to file the I-765 and/or I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that your I-485 has been filed.

Yes. As of April 1, 2024, each application (I-485, I-765, I-131) require separate filing fees, regardless of if they are filed concurrently. The EAD (I-765) application is $260, and the AP (I-131) is $630.

Initial processing of the application takes place at a USCIS Lockbox Facility or a service center. After the application has been filed, the applicant will next hear from the USCIS when a fingerprinting notice is sent. The applicant will either be scheduled for a fingerprinting at a local application support center (ASC) or be told to schedule an interview with the local ASC. The fingerprints will be submitted to the FBI for fingerprint checks through law enforcement databases. The applicant may also hear from the USCIS if documents in the file are missing or unclear (for example, if the documents establishing the relationship are not clear). In this case, a request for further evidence (RFE) will be issued. RFEs must be answered within twelve weeks of the request. RFEs will not be issued for medical exam results; such results may be submitted at the time of the adjustment interview.

USCIS conducts several checks in determination of I-485 application:
A filed petition is checked against a USCIS fraudulent petition index in which a record is kept of prior petitions filed in which some element of fraud was involved.
Background (name) checks are conducted against a multi-agency database containing lookout information on people who have a history of past immigration problems or may pose security threats.
Concurrently filed petitions may also be checked against files already in existence for the petitioner and/or beneficiary to determine whether the information in the petition is consistent with previous statements made by either party in papers already on file.
The USCIS may also conduct a check of the authenticity of supporting documents against DOS descriptions contained in that agency's Foreign Affairs Manual. If there are any doubts regarding these documents, USCIS may request the original documents.
Regarding applications for ancillary benefits, the USCIS will conduct prima facie review of all I-140s concurrently filed with I-485s prior to adjudication of employment authorization applications (Form I-765's) or applications for advance parole (filed on Form I-131).

Interviews can be waived for I-485 adjustments of status. The USCIS will make a decision as to whether to waive the interview requirement. Applicants of cases involving employment-based petitions in which the applicant has already been filling the position on a nonimmigrant visa usually don't need interviews. If the interview requirement is waived, the service center will conduct final processing. If an interview is required, the file will be forwarded to the local office, which will conduct the interview and issue a decision on the application. Once forwarded to a local office, status inquiries and requests for ancillary benefits should be addressed to that office.

Once the papers have been filed and the fingerprinting has been completed, applicants for whom an interview is required will receive in the mail a notice of the interview appointment. This notice will give the time and place of the interview and tell the applicant to bring certain documents to the interview.
If an interview is scheduled, the applicant should be prepared to bring the following to the interview:
Results of the required medical examination on Form I-693 (if such results were not submitted with the original adjustment application);
His or her passport;
His or her Form I-94;
All original documents;
An up-to-date letter of employment from the alien's employer, documenting continued employment at a specified salary; and
All documents pertaining to the petition in cases in which the petition was filed together with the adjustment application.
The appointment notice

After putting the applicant under oath, the USCIS examiner will review the biographical information on for I-485 for accuracy and will correct any mistakes.
Here are some questions a USCIS examiner may ask:
He or she will ask the alien the questions that appear on the form, regarding the basis for inadmissibility.
He or she may ask the applicant about the basis for permanent residence, particularly about the offer of employment if the case is a job-offer type of case.
If the alien has not been employed but has been in the United States for a prolonged period, the examiner is sure to look closely at the alien's means of support to make certain that he or she has not engaged in unauthorized employment.
How did you meet your employer?
Did you have a job interview?
Questions about education if you are a foreign student.

If the application cannot be approved at the interview because the alien must provide additional information or because the proper clearances have not yet been received, the alien must await the resolution of these issues before the approval notice will be sent to the alien.

The foreign national will be sent an approval notice, Form I-797, once the DOS has assigned the visa number. The USCIS will also process the applicant for issuance of a Permanent Resident Card, Form I-551. The approval notice, Form I-797, is not adequate evidence of the alien's permanent residence for purposes of traveling outside the United States and being readmitted as a resident, or for purposes of demonstrating employment authorization. The alien must return to the USCIS office after receiving the approval notice to receive temporary evidence of permanent residence. Temporary evidence is usually in the form of a stamp in the new resident's passport. With this stamp, the alien may travel abroad and be readmitted to the United States and may also document employment authorization.

Yes. If you have adjusted status, your spouse or unmarried children under 21 are eligible to obtain immigrant visas at a U.S. embassy or consulate in your home country. This procedure is called “following to join“ the principal alien. You must request that the U.S. consulate where visa processing will take place be notified that your status has been adjusted to permanent residence by filing the Form I-824.

The Child Status Protection Act (CSPA), which has been in effect since August 6, 2002, protects a child’s “age” based on the USCIS processing times. For more information, see the USCIS webpage regarding the CSPA.

The new law provides that individuals who have filed for adjustment of status and whose cases have been pending for more than 180 days may now change jobs or employers, without affecting the validity of the underlying I-140 or labor certification, as long as the new job is in the same or a similar occupational classification. However, this exemption is only applicable to those whose employment is denied by the employers due to employer’s own decision or circumstance.

No. Your I-485 Adjustment of Status application would be considered abandoned. However, you may proceed with the consular processing route by filing Form I-824 with USCIS to transfer your approved Form I-140 to the Department of State’s National Visa Center for further processing in your home country.

Yes, it is possible to transfer your case from the U.S. to consular processing by filing Form I-824 with the USCIS to request your approved petition be transferred to the NVC. Please note that USCIS and attorney fees are required for this process to be completed.

When a decision is made to deny an application for adjustment of status, the applicant must be provided with a written decision setting forth the reasons for the denial. If your nonimmigrant visa is still valid, you may continue to stay in the U.S. based on the unexpired nonimmigrant visa. Otherwise, you may face deportation after the denial of I-485 application. No appeal can be taken from the denial of an application by USCIS. However, you may present a Motion to Reopen and Reconsider to the USCIS office based upon an argument of law or upon supplementary factual information that was not available at the time that the decision was made and that has a bearing on the reasons for the denial.

● Appeal: You’re asking a different office (like the Administrative Appeals Office) to review the decision.
● Motion to Reopen: You’re providing new facts or evidence that weren’t submitted before.
● Motion to Reconsider: You’re arguing that the decision was legally incorrect based on the evidence already submitted.

It’s used to challenge a decision made by USCIS. You can either appeal the decision to a higher authority or ask USCIS to review it again through a motion.

If you have new evidence or believe USCIS made a clear mistake, a motion is often faster and more practical than an appeal.

Usually 30 days from the date of the decision (33 days if the notice was mailed).

The DS-260 is the "Immigrant Visa Electronic Application." It is an online form that replaced the paper-based DS-230 for nearly all immigrant visa categories.

Immigrant Visa applicants must have:
Internet access
Your NVC Case Number (refer to the message you received from NVC)
Your Invoice I.D. number (refer to the message you received from NVC)

You can access the DS-260 from the Consular Electronic Application Center (CEAC) website, by going to Immigrant Visas.state.gov and clicking on “Submit Visa Application and Civil Documents,” or on the website of the U.S. embassy or consulate where you will apply. You may wish to preview a sample DS-260 (6.4MB) before beginning.

You can access the form through the Consular Electronic Application Center (CEAC) website using your NVC Case Number and Invoice I.D. Number provided to you by the National Visa Center.

Yes. Every person traveling with you on an immigrant visa, including children, must submit their own individual DS-260.

No. All answers must be provided in English using English characters only. Applications submitted in other languages may be rejected, though you may be required to provide your name in native alphabet characters if the form specifically asks for it.

Most fields on the DS-260 are mandatory. You may leave fields marked “Optional” blank. Some fields may also give you the option to select “Does Not Apply.” If a field does not apply to you, you may mark the box next to “Does Not Apply.” All other fields must be completed: the application will not allow you to submit a form with any mandatory fields left blank. In this instance, an error message will be displayed and you will be required to complete the field before continuing with the application. If you do not answer questions that apply, your form may be rejected.

You may save your partially completed DS-260 at any time by clicking on the "Save" button at the bottom of every page. If you need to step away, simply click the "Save" button to save your progress, and click on "Sign Out" in the upper right-hand corner of the screen. All data that you entered up to the point of clicking on "Save" will be stored until you are ready to continue completing the form.
To ensure your privacy if you step away in the middle of data entry, the DS-260 has a “time out” feature. If your DS-260 application is idle for approximately 20 minutes, CEAC will log you off. All data that you entered up to the last time you clicked "Save" will be stored until you are ready to continue completing the form. Any data that you entered after clicking "Save" will be lost.

Yes. You can click the "Save" button at the bottom of any page. To return later, you will need your Case Number and Invoice I.D. to log back into the CEAC system.

You can access your saved application by returning to the Consular Electronic Application Center (CEAC) website and selecting View/Edit from the IV and Alien Registration section of the Immigrant Visa – Summary Information screen. You will then be provided with a list of all applicants in your case along with the status of each application (NOT STARTED, INCOMPLETE, or SUBMITTED). To continue updating an incomplete application, simply click on the "Edit" button to the right of the application’s status.
Once you submit your application, by clicking the “Sign and Submit Application” button on the "Sign and Submit" page, you will be unable to access your application again without the assistance of NVC for immigrant visas, KCC for Diversity Visas, or the U.S. Embassy or Consulate at which you plan to apply.

The CEAC website has a "time out" feature for security. If the application is idle for approximately 20 minutes, the session will expire, and any unsaved data will be lost.

No. Unlike some non-immigrant visa forms, you do not upload a digital photo to the DS-260. You will bring physical photographs to your immigrant visa interview.

If a question is mandatory and does not apply to you, you can often mark the box labeled "Does Not Apply" or enter "N/A" if the field allows it.

The form is signed electronically by clicking the "Sign and Submit Application" button at the end. This acts as a certification that all information provided is true and correct.

Yes, a third party can assist you. However, you are still responsible for the accuracy of the information, and you must be the one to click the "Sign and Submit" button unless you are a parent/guardian of a minor or are physically unable to do so.

After submitting the form, a Confirmation Page with a barcode will be generated. You must print this page and bring it to your visa interview.

No. You only need to print the Confirmation Page. You do not need to bring the full multi-page application to your interview, as the consular officer will have access to it electronically.

All related civil documents such as passport, birth certificate, marriage certificate,
Job offer letter,
DS-260 confirmation page,
Visa appointment letter,
Criminal background check documents
financial proof documents, if requested

Once you click "Submit," you can no longer change the form online. If you need to correct a mistake, you must inform the consular officer during your visa interview.

We strongly recommend that children apply at the same time as the principal applicant (usually the parents). If cases are separated, there is a risk that the children may not be able to join their parents later. Additionally, if your child is approaching 21 years old, this timing could prevent them from joining their parents under the EB-3 category, meaning they might have to apply on their own later. The best course of action is for them to apply together at the same time.

You do not need to file a new form. Simply bring the updated information or the new passport to your interview and notify the officer of the changes.

We do not recommend sending these documents to your relative’s address, as they are very important and may be lost during transit, especially if your relative is moving to different locations. Kennedy Access Group’s address is stable, and all applicants' mail will be delivered here to ensure that nothing gets lost due to incorrect addresses.

No. Submitting the DS-260 is just one step. After submission, you must still submit supporting financial and civil documents to the NVC. Once the NVC deems your case "documentarily qualified," they will work with the embassy to schedule your interview.

If you encounter a technical error, try clearing your browser's cache/cookies or using a different internet browser. If the problem persists, wait and try again later, as the site may be undergoing maintenance.

This number is found on the "Notice of Immigrant Visa Case Creation" or the fee invoice sent to you by the NVC.

Yes. The DS-260 uses HTTPS encryption to protect your data while it is being transmitted to the Department of State.

You can log back into the CEAC website at any time using your case credentials to reprint your DS-260 Confirmation Page.

No. The DS-260 is an application form. You are still required to undergo a medical examination by an authorized panel physician before your interview.

You should not bring your application with you to your interview. The interviewing officer will have full access to review your application online.

Sometimes, yes, depending on embassy scheduling and local visa bulletin priority dates.

There are three main types of travel documents issued through this form:
● Reentry Permit: For Lawful Permanent Residents (Green Card holders) planning to stay outside the U.S. for more than one year.
● Refugee Travel Document: For those with Refugee or Asylee status (or LPRs who obtained status through those tracks) who do not have a passport from their home country.
● Advance Parole Document: For individuals with pending immigration applications (like a Green Card) or specific statuses (like DACA) to travel and return without abandoning their case.

A Reentry Permit looks like a passport booklet and is for Green Card holders. Advance Parole is usually a single-sheet paper document (or sometimes noted on an EAD card) for people who do not yet have a Green Card.

Asylees and refugees are generally advised not to use a passport from the country they fled, as doing so could be seen as "availing yourself" of that country's protection, potentially leading to the termination of your U.S. status. The Refugee Travel Document serves as your valid passport for international travel.

Generally, no. For a Reentry Permit or Advance Parole, you must be physically present in the U.S. when you file. If you leave before filing, you may be ineligible to return. However, certain humanitarian parole requests for individuals outside the U.S. are an exception.

As of January 1, 2026, the standard fee for Form I-131 is $630 for Advance Parole. Fees for Reentry Permits and Refugee Travel Documents vary by age and may include an $85 biometrics fee. Always check the USCIS Fee Calculator for the most current rates.

If you filed your Form I-485 (Adjustment of Status) on or after April 1, 2024, you must pay a separate fee for the I-131. If you filed before that date and paid the "bundled" fee, your I-131 might still be fee-exempt for renewals.

Yes. DACA recipients must apply for Advance Parole using Form I-131 to travel abroad. Travel is usually only approved for educational, employment, or humanitarian purposes.

Yes, most applicants between the ages of 14 and 79 must attend a biometrics appointment to provide fingerprints and a photograph.

For a Reentry Permit, you must stay in the U.S. until your biometrics are captured. For Advance Parole, leaving before the document is actually issued usually results in the abandonment of your pending Green Card application unless you have a valid H, L, or K visa.

● Reentry Permits: Generally valid for 2 years.
● Refugee Travel Documents: Valid for 1 year.
● Advance Parole: Typically, valid for 1 year or for the duration of the "emergency."

No. Like a visa, it only allows you to apply for entry at a port of entry. A Customs and Border Protection (CBP) officer makes the final decision on whether to admit or parole you into the country.

If you have an extremely urgent situation (e.g., a death in the family or urgent medical treatment), you can schedule an InfoPass appointment at a local USCIS field office to request an emergency document in person.

You must contact the nearest U.S. Embassy or Consulate. You cannot simply file a new I-131 from abroad to replace a lost Reentry Permit or Refugee Travel Document.

This is a specific use of the I-131 for certain family members of U.S. military personnel who are already in the U.S. but entered without inspection. It "cures" the illegal entry for the purpose of applying for a Green Card later.

If you have a Refugee Travel Document, traveling to the country where you claimed you would be harmed is highly risky and can lead to the loss of your asylum/refugee status.

Once you receive your receipt notice, you can use the 13-character receipt number to check your status on the USCIS Case Status Online tool.

The form is used to request an Employment Authorization Document (EAD) card, also known as a work permit, which serves as evidence that you are authorized to work in the U.S. for a specific period. It is used for initial applications, renewals of expiring cards, and replacement of lost or damaged cards.

Eligibility depends on your specific immigration status or a pending application. Common categories include:
Asylees and refugees.
F-1 students seeking Optional Practical Training (OPT).
Applicants with a pending Form I-485 (Adjustment of Status).
Individuals with Temporary Protected Status (TPS) or Deferred Action (e.g., DACA).

Yes, for certain categories (such as F-1 students seeking OPT or individuals with pending Adjustment of Status), you can file electronically by creating a USCIS online account. However, some categories still require a paper application sent by mail.

Once USCIS approves your Form I-765, your EAD card is typically produced within 2 weeks. Delivery time then depends on the U.S. Postal Service (USPS).

Yes, but only for specific categories. Premium Processing (Form I-907) is available for F-1 students applying for Post-Completion OPT or the STEM OPT Extension. As of March 1, 2026, the fee for this service increased to $1,780. If you pay this, USCIS guarantees a response (approval, denial, or Request for Evidence) within 30 business days.

Yes, but they are generally limited to humanitarian categories. You may be eligible for a fee waiver (using Form I-912) if you can prove "financial hardship" or if you receive a means-tested benefit (like SNAP or Medicaid). Note that students on OPT are almost never granted fee waivers because they must demonstrate financial self-sufficiency to maintain their visa status.

While you are legally authorized once the application is approved, most employers will require the physical EAD card to complete the Form I-9 (Employment Eligibility Verification) process. Some may accept the official approval notice, but this is at the employer's discretion.

USCIS recommends filing your renewal application at least 90 days, but no more than 180 days (6 months), before your current EAD expires. Filing too early (more than 180 days) may result in a rejection.

As of early 2026, the policy for automatic extensions has become a major point of legal debate. Previously, certain categories (like asylum seekers or those with pending Green Cards) received an automatic 540-day extension. However, new administration rules in late 2025 sought to rescind these extensions. You must check the current USCIS "Automatic EAD Extension" page specifically for your category code, as you may now need to receive your physical card before your old one expires to maintain work authorization.

To replace a lost or stolen card, you must file a new Form I-765, pay the full filing fee ($560), and check the box for "Replacement." If the card has a typo caused by USCIS, you do not need to pay a new fee; however, if the error was yours (e.g., you misspelled your name on the form), the full fee is required.

Yes. Under the "180-day Asylum EAD Clock," you generally must wait 150 days after filing your asylum application (Form I-589) before you can file for an EAD. USCIS cannot grant the EAD until the asylum application has been pending for at least 180 days.

No. Effective January 2026, USCIS removed the integrated SSN request from Form I-765. You must now visit a local Social Security Administration (SSA) office in person with your approved EAD and passport to apply for your SSN separately.

You must notify USCIS of your address change within 10 days of moving. Failure to do so can result in your EAD being mailed to the wrong address, which may require a new filing and a new fee to replace.

Yes. Your spouse and unmarried children under 21 are eligible to apply as derivative beneficiaries.

Yes, the applicant can bring their civilly proven marriage spouse and unmarried children under the age of 21.

Your spouse can usually be added to your case as a dependent if you marry before your green card is approved.

Each situation is unique and must be assessed individually. However, under the Child Status Protection Act (CSPA), a child's age can be "frozen" under certain conditions during the I-140 processing period, which helps prevent them from aging out. It’s important to note that this provision does not apply to all cases.

They receive the same Lawful Permanent Resident status (Green Card) as the primary applicant.

To officially exclude your spouse from the application process, the NVC requires an official document to prove this by submitting a Divorce Certificate. Once we obtain these documents, we can request the removal of the spouse from the NVC consular process.

No, you cannot simply "swap" or change the primary applicant from yourself to your spouse on an existing EB-3 petition. The EB-3 is an employer-sponsored process tied to a specific job offer and labor certification for a specific individual (the primary beneficiary). Because the petition is based on your qualifications and your job offer, your spouse cannot take over that specific application as the primary applicant. Your Spouse has to start a New EB-3 Petition. If your spouse has their own qualifying job offer from a U.S. employer, they can start their own separate EB-3 process.

Only if they have their own work visa or have applied for an EAD (Work Permit) as part of a pending I-485 application.

Yes, they can attend U.S. schools while the application is pending if they are in a valid non-immigrant status or have a pending I-485.

The Child Status Protection Act (CSPA) may allow them to "freeze" their age in certain circumstances to remain eligible.

You can request an SSN while filing:
● Form I-485: Application to Register Permanent Residence or Adjust Status (Green Card).
● Form N-400: Application for Naturalization (U.S. Citizenship).
● DS-260: Immigrant Visa Electronic Application

No. Applying for a Social Security number and card is free. You only pay the required USCIS filing fees for your specific immigration form.

It is a collaborative effort between USCIS and the SSA that allows noncitizens to apply for an original or replacement SSN card directly on their immigration application forms, rather than visiting a Social Security office. It has since been removed as of early 2026.

No. This specific EBE process is for noncitizens currently residing in the United States. If you are outside the U.S., you typically request an SSN as part of your Immigrant Visa application through the Department of State.

SSA uses your name, date of birth, place of birth, gender, and parents' names provided on the USCIS form to assign your number.

You must answer "Yes" to the specific questions on the form that ask if you want the SSA to issue you a card and if you authorize USCIS to share your information with the SSA.

If you already have a number, you should still complete the SSN section of the USCIS form to request a replacement card. Your Social Security number remains the same for life.

Yes. If you have legally changed your name (e.g., through marriage) and provided the new name on your Form I-485 or N-400, the SSA will issue a replacement card with the updated name once USCIS approves the underlying application.

If you submit your application without requesting an SSN, you cannot "add" it later. You will have to wait until you receive your EAD or Green Card and then visit a Social Security office in person to apply.

The SSA will only issue the card after USCIS approves your work permit or residency application.

Typically, you should receive your SSN card in the mail within 7 to 10 business days after you receive your Employment Authorization Document (EAD) or Lawful Permanent Resident Card (Green Card).

No. They are mailed in separate envelopes. Your EAD or Green Card comes from USCIS, while your SSN card comes from the SSA.

If 14 days have passed since you received your immigration document and you still haven't received your SSN card, you should contact your local Social Security office.

No. The SSA cannot assign you a number until they can verify your work-authorized status through the Department of Homeland Security.

Yes. Sections 205(c) and 702 of the Social Security Act authorize this data sharing. The information is kept confidential and only used for the purpose of issuing your card.

Only if you explicitly give them permission by answering "Yes" to the authorization question on your form.

If USCIS denies your Form I-765 or I-485, the SSA will not receive your data and will not issue an SSN card.

You must bring original documents (no photocopies) proving:
● Identity and Immigration Status (e.g., Passport and I-94 or Green Card).
● Work Authorization (e.g., your EAD card).
● Age (e.g., Birth Certificate).

SSA recommends waiting at least 10 days after your arrival to allow all government systems to update, making online verification faster.

While the office can sometimes provide a "Social Security Number Printout" as proof of your number once assigned, the physical card must still be mailed to you.

In many states, yes. If you are ineligible for an SSN, you may need a "letter of ineligibility" from the SSA to show your state's DMV.

Yes, if they are filing their own Form I-765 or I-485 and they check the SSN request box.

Students usually cannot use the "Enumeration Beyond Entry" process unless they are applying for Optional Practical Training (OPT) via Form I-765. Otherwise, students must apply in person with a letter from their school's DSO.

Once your work permit is approved, you are authorized to work. However, most employers need your SSN for tax reporting (Form W-2). You can often start work while the card is in the mail, provided you give the employer the number as soon as it arrives.

No. The number is yours for life. However, if your card has the notation "VALID FOR WORK ONLY WITH DHS AUTHORIZATION," you may need a new card if your status changes (e.g., you become a U.S. citizen).

If the name or date of birth is incorrect, you must visit a Social Security office with your identity and status documents to correct the record.

No. Numbers are assigned randomly by the SSA computer system.

You can use the SSA Field Office Locator on the official website by entering your U.S. zip code.

You must update your address with USCIS immediately. If the SSN data has already been sent to SSA, you may also need to contact the SSA to ensure the card is mailed to the correct location.

No. Anyone eligible for the underlying immigration benefit can request an SSN through this process.

Kennedy Access Group is an international employment / recruiting agency based in the U.S., that specializes in the EB-3 unskilled category

Kennedy Access Group assists with job matching, application preparation, immigration filing, and guiding applicants step-by-step through the EB-3 process.

Kennedy Access Group provides a one-stop service, including job placement, document guidance, filing assistance, interview coaching, and ongoing applicant support.

Kennedy Access Group provides assistance with the EB-3 visa sponsorship, recruitment, and immigration services for foreign workers seeking employment in the United States. They connect international workers with U.S. employers, manage the immigration process for each case, and offer settlement and relocation services to the applicants.
For employers, we assist in recruiting workers outside their usual labor pool and help manage their EB-3 immigration cases to help with their long-term staffing needs. For both employers and applicants, we work closely with their retained attorneys to ensure all government requirements are met throughout the EB-3 process.

Kennedy Access Group is a U.S.-based company located in Georgia that works in the immigration and legal services industry, helping foreign workers connect with U.S. employers, especially for programs like EB-3 employment-based green cards. We are commonly known for:
● Recruiting international workers
● Connecting them with U.S. sponsoring employers
● Assisting through the immigration process

Yes, Kennedy Access Group will coach applicants for consular interviews, provide document checklists, and guide applicants on what to expect during the visa interview.

Yes, Kennedy Access Group assists with airport pick-up, temporary housing, registration, job onboarding, etc. Details can be found in the service agreement.

KAG provides Settlement/Relocation Services for all applicants as they need to settle in the United States to begin their new lives. Our Settlement Service Team will meet you to help you find information and resources on housing, schools, banking, and other local services you need and build connections in your new community. The services may include:
● Airport pickup and initial accommodation support
● Assistance with finding temporary and permanent housing
● Help with applying for a Social Security Number
● Driver’s license preparation
● Mobile phone account setup
● Assistance with purchasing a vehicle
● Tag office visits
● School enrollment support (if applicable)
● Job site orientation at the employer’s location
● Transportation support, such as rides for grocery shopping during the initial period
● Assistance with doctor’s office visits
● Preparation of legal documents and notary services
● Translation and interpretation services (on-site or by phone)
● Services may vary depending on location and individual needs.

Costs vary based on:
● Number of dependents
● Filing types (I-485 vs DS-260)
● Age of children
● Transfer fees or payment method differences

Each case of refund and withdrawal is processed according to your contract. This means that, depending on your contract, a refund may or may not be possible. Please contact your agent with your specific refund question.

You may have an independent attorney handling your I-140 and I-485 cases. However, we strongly recommend that you let our experienced EB-3 retained attorneys continue to work on your case. This is particularly important because additional evidence that USCIS may request during the I-140 and I-485 processes can include confidential financial documents related to your employer. These documents may not be shared with independent attorneys, which could pose a significant risk to your response to USCIS. Without the proper information from your employer, we cannot guarantee the outcome of your case, and any potential risk falls on the applicant.