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PATH MAP · EVERY RULE QUOTED FROM AN OFFICIAL SOURCE · CHECKED OCTOBER 18, 2026 · NUMBERS UPDATED DAILY

Employment green card: EB-2 and EB-3

The EB-2 and EB-3 employment green card path step by step: prevailing wage, PERM, Form I-140, the Visa Bulletin wait, and the green card application.

EB-2 and EB-3 are two employment-based green card categories. EB-2 covers members of the professions with advanced degrees and people with exceptional ability, including national interest waiver requests. EB-3 covers skilled workers, professionals and other workers.[1]

  • EB-2 advanced degree: a degree above a bachelor's, or a bachelor's plus at least five years of progressive experience in the specialty.[2][3]
  • EB-2 exceptional ability: expertise significantly above the ordinary in the sciences, arts or business.[4]
  • EB-3 skilled workers need at least 2 years of training or experience; other workers (unskilled) need less than 2 years. Neither job can be temporary or seasonal.[5][6]
  • EB-3 professionals hold at least a U.S. bachelor's degree or foreign equivalent.[7]

In outline: where required, the employer first gets a labor certification from the Department of Labor (DOL), then files Form I-140 with U.S. Citizenship and Immigration Services (USCIS).[8]

Step 1: Prevailing wage determination

A permanent labor certification (DOL's PERM program) lets an employer hire a foreign worker permanently. Before filing for it, the employer needs a prevailing wage determination from DOL's National Prevailing Wage Center (NPWC).[9][10]

The prevailing wage is the average wage paid to similarly employed workers in that occupation and area, and the offered wage must be at that rate. The employer requests it on Form ETA-9141.[11][12][13]

Step 2: Recruitment and PERM labor certification

DOL certifies that not enough U.S. workers are able, willing, qualified and available for the job in that area, and that hiring the foreign worker will not hurt the wages and working conditions of similar U.S. workers.[14]

DOL's basic steps:[15]

  • Define a permanent, full-time job and its actual minimum requirements.[16][17]
  • Get the prevailing wage determination (Step 1).[18]
  • Recruit before filing, with a notice of filing where applicable; the recruitment required depends on the occupation.[19]
  • Submit the PERM application, online in DOL's FLAG system or by mail.[20][21]

The approved application is Form ETA-9089, which usually accompanies the I-140.[22][23]

The day DOL accepts the application becomes the priority date, the worker's place in the visa line.[24][25]

More in PERM and prevailing wage and priority date. DOL's latest published tables (see also the PERM page):

Exception: national interest waiver (EB-2 only)

An EB-2 petition may ask to waive the job offer, and so the labor certification, because it is in the national interest. The person may self-petition, with no employer sponsor.[26][27]

USCIS weighs three factors:[28]

  • The endeavor has substantial merit and national importance.[29]
  • The person is well positioned to advance it.[30]
  • On balance, waiving the job offer and labor certification benefits the United States.[31]

Without a labor certification, the priority date is the day USCIS accepts the I-140.[32]

Exception: Schedule A occupations

Schedule A jobs skip DOL labor certification because DOL has already found too few U.S. workers. Group I is professional nurses and physical therapists; Group II covers exceptional ability in the sciences, arts or performing arts.[33][34]

Step 3: The I-140 petition

A U.S. employer files Form I-140 for the worker, except in national interest waiver cases, where the worker may file it.[35]

Labor certifications expire 180 days after certification; USCIS must receive the I-140 before then and rejects petitions with an expired one.[36]

Once the I-140 is approved, the spouse and unmarried children under 21 may also be eligible.[37]

Optional: premium processing

For an extra fee, requested on Form I-907, USCIS guarantees action on an I-140 within a set time or refunds the premium fee.[38][39][40]

  • 15 business days for EB-2 petitions without a national interest waiver.[41][42]
  • 45 business days for national interest waiver petitions.[43]
  • Action can be an approval, denial, request for evidence, notice of intent to deny, or fraud investigation.[44]
  • A request for evidence or notice of intent to deny stops and resets the clock.[45]

More on Form I-140 and premium processing. Latest published I-140 times for EB-2, national interest waiver and EB-3 skilled worker cases (all):

Step 4: Wait for the priority date to be current

Employment-based visas are numerically limited. When demand exceeds supply, a line forms, and the State Department (DOS) allocates visas by category, country of chargeability (usually country of birth) and priority date.[46][47][48][49]

A visa is available when the priority date is earlier than the Visa Bulletin cutoff for that category and country.[50]

  • "C" (current) means visas are available to all qualified applicants.[51]
  • "U" means visas are temporarily unavailable.[52]

The bulletin has two charts. Each month USCIS designates which one U.S. filers use: Dates for Filing if it finds more visas than known applicants, otherwise Final Action Dates.[53][54]

Cutoffs can also move backward (retrogression).[55]

See the two charts, chargeability and retrogression. Latest published dates (full history):

Step 5: Apply for the green card

With an approved petition and a visa number immediately available, there are two routes: consular processing abroad or adjustment of status inside the U.S.[56][57][58]

Inside the U.S.: adjustment of status (Form I-485)

In general, Form I-485 cannot be filed until a visa is immediately available. It may then be filed with the I-140 (concurrent filing), while it is pending, or after approval.[59][60][61][62]

USCIS requirements include:[63]

  • Inspected and admitted or paroled, and physically present when filing.[64][65]
  • A visa available both at filing and at the final decision.[66]
  • The I-140 job offer still exists and the applicant plans to accept it.[67]

After filing come a biometrics appointment, an interview if USCIS decides one is needed, and a written decision.[68][69][70]

While the I-485 is pending, the applicant can generally apply for a work permit; leaving the U.S. without advance parole generally abandons the application.[71][72]

See adjustment vs consular processing, work permit and advance parole and the interview. Latest published I-485 time (all):

Outside the U.S.: consular processing

USCIS sends the approved petition to the State Department's National Visa Center (NVC), where it waits for a visa number. Concurrent filing is not possible in consular cases.[73][74]

  • The NVC sends fee instructions, then collects the visa documents.[75]
  • A panel physician medical exam is required.[76]
  • A consular officer interviews the applicant and decides eligibility.[77]
  • A visa does not guarantee entry to the U.S.[78]

DOS says timing varies by case and cannot be predicted accurately.[79]

More on the National Visa Center. Family paths: spouse of a U.S. citizen, family preference F1–F4.

A path map shows the general sequence the official sources describe, with the government's current published numbers. It is not legal advice, does not decide whether any step applies to you, and does not predict how long your case will take. Each numbered source below is the official page a sentence comes from.

Sources

  1. USCIS, Green Card for Employment-Based Immigrants. Last checked October 18, 2026.
    “Second preference (EB-2) – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers). Third preference (EB-3) – skilled workers, professionals, or other workers.”
  2. USCIS, Employment-Based Immigration: Second Preference EB-2. Last checked October 18, 2026.
    “An advanced degree is any United States academic or professional degree or a foreign equivalent degree above that of bachelor's.”
  3. USCIS, Employment-Based Immigration: Second Preference EB-2. Last checked October 18, 2026.
    “A U.S. bachelor's degree (or a foreign equivalent degree) followed by at least five years of progressive experience in the specialty is considered the equivalent of a master's degree.”
  4. U.S. Department of State, Employment-Based Immigrant Visas. Last checked October 18, 2026.
    “Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
  5. USCIS, Employment-Based Immigration: Third Preference EB-3. Last checked October 18, 2026.
    “Skilled workers are persons who are capable of performing skilled labor and whose job requires at least 2 years training or experience, not of a temporary or seasonal nature.”
  6. USCIS, Employment-Based Immigration: Third Preference EB-3. Last checked October 18, 2026.
    “Other workers (also called unskilled workers) are persons capable of performing unskilled labor whose job requires less than 2 years training or experience, not of a temporary or seasonal nature.”
  7. USCIS, Employment-Based Immigration: Third Preference EB-3. Last checked October 18, 2026.
    “Professionals are persons who hold at least a U.S. bachelor's or foreign equivalent degree and are a member of the professions.”
  8. U.S. Department of State, Employment-Based Immigrant Visas. Last checked October 18, 2026.
    “the applicant's prospective employer or agent must first obtain a labor certification approval from the Department of Labor . Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140 , with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.”
  9. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.”
  10. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “Employers must have a prevailing wage determination for the job opportunity issued from the Office of Foreign Labor Certification's (OFLC's) National Prevailing Wage Center (NPWC) prior to filing a PERM application.”
  11. U.S. Department of Labor, Prevailing Wages (FLAG). Last checked October 18, 2026.
    “The prevailing wage rate is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.”
  12. U.S. Department of Labor, Prevailing Wages (FLAG). Last checked October 18, 2026.
    “the U.S. Department of Labor's regulations require that the wages offered to a foreign worker must be the prevailing wage rate for the occupational classification in the area of employment.”
  13. U.S. Department of Labor, Prevailing Wages (FLAG). Last checked October 18, 2026.
    “employers must complete the Form ETA-9141 (Application for Prevailing Wage Determination) and submit it to the National Prevailing Wage Center (NPWC).”
  14. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.”
  15. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “The process of obtaining a labor certification from OFLC under the PERM Program involves the following basic steps”
  16. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “Identify a permanent full time job opportunity that may be filled by a foreign worker”
  17. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “The employer must determine the actual minimum requirements and job duties for the job opportunity”
  18. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “Employer must request and receive a valid Prevailing Wage Determination from the NPWC.”
  19. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “Complete Pre-filing Recruitment and Notice of Filing (If applicable). The required recruitment steps for PERM are determined by the type of occupations”
  20. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “Prior to submitting an online PERM application, the employer must register an account with Login.gov and create a FLAG Account.”
  21. U.S. Department of Labor, PERM Program (FLAG). Last checked October 18, 2026.
    “As an alternative, employers are allowed to mail in their applications.”
  22. USCIS, Employment-Based Immigration: Second Preference EB-2. Last checked October 18, 2026.
    “Second preference petitions are usually accompanied by a signed U.S. Department of Labor (DOL)-approved Form ETA-9089, Application for Permanent Employment Certification”
  23. USCIS, Employment-Based Immigration: Third Preference EB-3. Last checked October 18, 2026.
    “Third preference petitions are usually accompanied by an a signed Form ETA-9089”
  24. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “Your preference category requires a labor certification from Department of Labor (DOL) DOL accepts the labor certification application for processing.”
  25. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “DOS uses the priority date to determine an immigrant's place in the visa queue.”
  26. USCIS, Employment-Based Immigration: Second Preference EB-2. Last checked October 18, 2026.
    “for the second preference category, an immigrant petition may request a waiver of the job offer, and thus the labor certification requirement, because it is in the national interest of the United States.”
  27. USCIS, Employment-Based Immigration: Second Preference EB-2. Last checked October 18, 2026.
    “Those seeking a national interest waiver may self-petition (you do not need an employer to sponsor you) and you do not need to obtain a labor certification from the DOL.”
  28. USCIS, Employment-Based Immigration: Second Preference EB-2. Last checked October 18, 2026.
    “The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers the 3 factors below.”
  29. USCIS, Employment-Based Immigration: Second Preference EB-2. Last checked October 18, 2026.
    “Prong 1: Evidence That Your Endeavor Has Substantial Merit and National Importance”
  30. USCIS, Employment-Based Immigration: Second Preference EB-2. Last checked October 18, 2026.
    “Prong 2: Evidence That You Are Well-Positioned to Advance Your Endeavor”
  31. USCIS, Employment-Based Immigration: Second Preference EB-2. Last checked October 18, 2026.
    “Prong 3: On Balance, It Would Be Beneficial to the United States to Waive the Job Offer and Thus the Permanent Labor Certification Requirements”
  32. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “Your preference category does not require a DOL labor certification USCIS accepts Form I-140 for processing”
  33. USCIS, Employment-Based Immigration: Third Preference EB-3. Last checked October 18, 2026.
    “Petitions for Schedule A occupations are not required to have a DOL-approved labor certification. This is because DOL has already determined there are not sufficient U.S. workers for those occupations.”
  34. USCIS, Employment-Based Immigration: Third Preference EB-3. Last checked October 18, 2026.
    “Group I includes professional nurses and physical therapists. Group II includes beneficiaries with exceptional ability in the sciences or arts (including college and university teachers) and immigrants of exceptional ability in the performing arts.”
  35. USCIS, Employment-Based Immigration: Second Preference EB-2. Last checked October 18, 2026.
    “A U.S. employer must file a Form I-140, Immigrant Petition for Alien Workers , on your behalf, except for petitions based on a national interest waiver, where you may file a Form I-140 on your own behalf.”
  36. USCIS, I-140, Immigrant Petition for Alien Workers. Last checked October 18, 2026.
    “all labor certifications expire 180 days from the date of certification. We must receive any Form I-140 based on an approved labor certification before the 180-day validity period has elapsed. We will reject a petition that contains an expired labor certification.”
  37. USCIS, Employment-Based Immigration: Third Preference EB-3. Last checked October 18, 2026.
    “If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply with or after you for admission to the United States as lawful permanent residents based on your approval.”
  38. USCIS, How Do I Request Premium Processing?. Last checked October 18, 2026.
    “Premium processing provides expedited processing for the following forms: Form I-129, Petition for a Nonimmigrant Worker; Form I-140, Immigrant Petition for Alien Workers;”
  39. USCIS, How Do I Request Premium Processing?. Last checked October 18, 2026.
    “There is a fee to request this service. If you request premium processing, we guarantee that we will take adjudicative action on the case within the time periods described below, or we will refund the premium processing fee”
  40. USCIS, How Do I Request Premium Processing?. Last checked October 18, 2026.
    “Form I-907, Request for Premium Processing Service”
  41. USCIS, How Do I Request Premium Processing?. Last checked October 18, 2026.
    “Form I-140, Immigrant Petition for Alien Workers - adjudicative action to be taken within 15 business days”
  42. USCIS, How Do I Request Premium Processing?. Last checked October 18, 2026.
    “Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver E21”
  43. USCIS, How Do I Request Premium Processing?. Last checked October 18, 2026.
    “45 business days for Form I-140 E13 multinational executive and manager and Form I-140 E21 national interest waiver classifications”
  44. USCIS, How Do I Request Premium Processing?. Last checked October 18, 2026.
    “issue an approval notice, denial notice, notice of intent to deny, or a request for evidence; or open an investigation for fraud or misrepresentation.”
  45. USCIS, How Do I Request Premium Processing?. Last checked October 18, 2026.
    “If the petition or application requires the submission of additional evidence or a response to a notice of intent to deny, the 15-, 30-, or 45-day premium processing time period will stop and reset.”
  46. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “Immigrant visas for the family-sponsored and employment-based immigrant preference categories are numerically limited, so they are not always immediately available.”
  47. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “When the demand is higher than the supply of visas for a given year in any given category or country, a visa queue (a waiting list or backlog) forms.”
  48. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “there are limits to the percentage of visas that can be allotted based on an immigrant's country of chargeability (usually the country of birth)”
  49. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “DOS allocates the visas according to a prospective immigrant's preference category, country of chargeability, and priority date”
  50. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “A visa is available to you when your priority date is earlier than the cut-off date shown for your preference category and country of chargeability in the applicable chart in the Visa Bulletin”
  51. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “meaning that immigrant visas are currently (immediately) available to all qualified adjustment of status applicants and overseas immigrant visa applicants”
  52. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “this means that immigrant visas are temporarily unavailable to all applicants in that particular preference category and/or country of chargeability.”
  53. USCIS, Adjustment of Status Filing Charts from the Visa Bulletin. Last checked October 18, 2026.
    “If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing chart. Otherwise, we will indicate on this page that you must use the Final Action Dates chart”
  54. USCIS, Adjustment of Status Filing Charts from the Visa Bulletin. Last checked October 18, 2026.
    “We anticipate designating one of the two charts each month”
  55. USCIS, Visa Availability and Priority Dates. Last checked October 18, 2026.
    “Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date. This is called visa retrogression”
  56. USCIS, Consular Processing. Last checked October 18, 2026.
    “Once you are the beneficiary of an approved immigrant petition and an immigrant visa number is immediately available to you, there are two ways to apply for lawful permanent resident status (a Green Card).”
  57. USCIS, Consular Processing. Last checked October 18, 2026.
    “If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.”
  58. USCIS, Consular Processing. Last checked October 18, 2026.
    “If you are already in the United States, you can apply for permanent resident status without having to return to your home country to complete processing. This process is called adjustment of status.”
  59. USCIS, I-485, Application to Register Permanent Residence or Adjust Status. Last checked October 18, 2026.
    “In general, you may not file your Form I-485 until an immigrant visa is immediately available in your category.”
  60. USCIS, Concurrent Filing of Form I-485. Last checked October 18, 2026.
    “Most employment-based applicants and their eligible family members when a visa number is immediately available”
  61. USCIS, Concurrent Filing of Form I-485. Last checked October 18, 2026.
    “We will consider the immigrant visa petition and the Form I-485 concurrently filed when you file them at the same time”
  62. USCIS, Green Card for Employment-Based Immigrants. Last checked October 18, 2026.
    “While the Form I-140 is pending; or After the Form I-140 is approved (and remains valid).”
  63. USCIS, Green Card for Employment-Based Immigrants. Last checked October 18, 2026.
    “in order to be eligible for a Green Card as an EB-1, EB-2, or EB-3 immigrant, you must meet the following requirements”
  64. USCIS, Green Card for Employment-Based Immigrants. Last checked October 18, 2026.
    “You were inspected and admitted or inspected and paroled into the United States”
  65. USCIS, Green Card for Employment-Based Immigrants. Last checked October 18, 2026.
    “You are physically present in the United States at the time you file your Form I-485”
  66. USCIS, Green Card for Employment-Based Immigrants. Last checked October 18, 2026.
    “An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application.”
  67. USCIS, Green Card for Employment-Based Immigrants. Last checked October 18, 2026.
    “The job offered to you in the Form I-140, Immigrant Petition for Alien Worker still exists with the employer that filed the Form I-140 on your behalf, and you plan to accept the job once USCIS approves your Form I-485.”
  68. USCIS, Adjustment of Status. Last checked October 18, 2026.
    “After you file your Form I-485, we will mail you a notice for your biometrics services appointment”
  69. USCIS, Adjustment of Status. Last checked October 18, 2026.
    “USCIS officials will review your case to determine whether an interview is necessary.”
  70. USCIS, Adjustment of Status. Last checked October 18, 2026.
    “When USCIS decides on your application, we will send you a written decision notice.”
  71. USCIS, Green Card for Employment-Based Immigrants. Last checked October 18, 2026.
    “Generally, when you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization”
  72. USCIS, Green Card for Employment-Based Immigrants. Last checked October 18, 2026.
    “Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application.”
  73. USCIS, Consular Processing. Last checked October 18, 2026.
    “USCIS will then send the approved petition to the Department of State's National Visa Center. The petition will remain there until an immigrant visa number is available for you.”
  74. USCIS, Concurrent Filing of Form I-485. Last checked October 18, 2026.
    “Concurrent filing cannot occur in consular processed cases”
  75. U.S. Department of State, Employment-Based Immigrant Visas. Last checked October 18, 2026.
    “The NVC will begin pre-processing the applicant's case by providing the applicant with instructions to submit the appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant submit the necessary immigrant visa documents”
  76. U.S. Department of State, Employment-Based Immigrant Visas. Last checked October 18, 2026.
    “Before an immigrant visa can be issued, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician”
  77. U.S. Department of State, Employment-Based Immigrant Visas. Last checked October 18, 2026.
    “A consular officer will interview the applicant, and the consular officer will determine whether the applicant is eligible to receive an immigrant visa in accordance with U.S. immigration law.”
  78. U.S. Department of State, Employment-Based Immigrant Visas. Last checked October 18, 2026.
    “Applicants should be aware that a visa does not guarantee entry into the United States.”
  79. U.S. Department of State, Employment-Based Immigrant Visas. Last checked October 18, 2026.
    “The length of time varies from case to case and cannot be predicted for individual cases with any accuracy.”

Other paths