When exploring the EB-3 employment-based immigration program, many people only see the final result—a U.S. immigrant visa or a Green Card. However, behind every successful EB-3 case is a multi-year process involving several different parties.
From the worker and the U.S. employer to immigration attorneys and government agencies, each participant plays an important role throughout the journey.
So, how is an EB-3 case actually processed?
The First Step: Evaluating the Applicant
Every EB-3 case begins with an evaluation of the applicant's qualifications.
At this stage, factors such as age, educational background, marital status, personal history, and the ability to meet job requirements are reviewed.
Preparing accurate and complete documentation from the beginning helps minimize potential issues later in the process.
The U.S. Employer Plays a Central Role
Unlike many other immigration programs, EB-3 is an employment-based immigration category.
This means that the U.S. employer is one of the most important components of the entire case.
The employer serves as the sponsor, demonstrates a genuine hiring need, and completes the required procedures in accordance with U.S. Department of Labor regulations.
A stable, transparent, and experienced employer can significantly contribute to a smoother immigration process.
U.S. Immigration Attorneys Are Involved Throughout the Process
Once the case is initiated, U.S. immigration attorneys begin working with both the employer and the applicant.
Their role extends far beyond preparing paperwork. They monitor and manage the case throughout the entire process.
Attorneys typically assist with:
• Preparing legal documentation
• Reviewing the accuracy of supporting documents
• Filing applications with relevant agencies
• Responding to requests for additional evidence if necessary
• Monitoring progress at every stage
This is one reason why many applicants place great importance on whether their case is being handled directly by experienced U.S. immigration attorneys.
The PERM Stage: Demonstrating a Labor Shortage
After the employer and attorney complete the initial preparations, the case enters the PERM Labor Certification stage.
This process requires the employer to demonstrate that they have conducted recruitment efforts according to U.S. regulations but were unable to find qualified U.S. workers for the position.
The process typically includes:
• Determining the prevailing wage
• Conducting recruitment activities
• Completing required hiring procedures
• Filing the application with the U.S. Department of Labor
PERM is often considered one of the most critical stages of an EB-3 case.
I-140: Petition Filed with USCIS
Once the PERM application is approved, the employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS).
At this stage, USCIS reviews:
• The legitimacy of the employer
• The financial capability of the business
• Information about the worker
• Eligibility requirements related to the offered position
After the I-140 petition is approved, the case moves forward to the visa waiting stage.
Waiting for the Visa Bulletin
Approval of the I-140 petition does not always mean the case can proceed immediately.
Applicants must monitor the Visa Bulletin to determine when their priority date becomes current and the case is eligible for the next step.
This stage is affected by visa availability and the number of pending applications at any given time.
As a result, waiting times can vary significantly from one case to another.
NVC Processing and Immigrant Visa Interview
When a visa becomes available, the case is transferred to the National Visa Center (NVC).
At this stage, applicants complete additional documentation, pay the required fees, and prepare for their immigrant visa interview at a U.S. Embassy or Consulate.
This is the final stage before an immigrant visa is issued.
Entering the United States and Beginning a New Life
After receiving the immigrant visa, the worker and eligible family members can enter the United States.
At this point, the EB-3 journey is no longer about paperwork—it becomes the beginning of a new chapter involving employment, family life, and future opportunities.
An EB-3 Case Is More Than Just Paperwork
Many people assume that EB-3 simply involves submitting documents and waiting for approval.
In reality, every case involves coordination among multiple parties, including the employer, immigration attorneys, U.S. government agencies, and the worker.
This collaboration helps ensure that the process moves forward properly and steadily toward the ultimate goal.
Conclusion
An EB-3 case is a multi-stage process involving numerous participants and government agencies. From the U.S. employer and immigration attorneys to the U.S. Department of Labor, USCIS, and the NVC, each plays an essential role in the immigration journey.
Understanding the process not only helps applicants prepare more effectively but also allows them to build realistic expectations for a long-term immigration plan for themselves and their families.
