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Consular processing or adjustment of status: which route applies to EB-3 workers abroad?

Consular processing or adjustment of status: which route applies to EB-3 workers abroad?

Most EB-3 unskilled workers who live outside the United States use consular processing: after the I-140 is approved and your priority date is current, you complete Form DS-260, civil documents, a medical exam and an immigrant visa interview abroad. Adjustment of status is only for people who are physically in the U.S. and meet strict conditions. No route has a promised timeline.

Once an employer's petition is approved and your place in line comes up, there are two legal routes to a green card: consular processing and adjustment of status. They are very different, and only one of them is realistic for most people reading this site. This article explains both in general terms. It is not legal advice, and no one can promise how long either route will take.

Consular processing: the usual route from abroad

If you live outside the United States, you will normally use consular processing, which means getting an immigrant visa at a U.S. embassy or consulate. In general terms the steps are:

  • Approved petition. The employer completes the labor certification and the USCIS Form I-140 is approved (see the PERM process).
  • National Visa Center (NVC). The case is passed to the NVC, which collects your fees and documents and tells you what it needs. Your case moves to an interview only when your priority date is current in the Visa Bulletin, which for EB-3 Other Workers has meant a wait of several years.
  • Form DS-260. You complete the online immigrant visa application, and each family member completes their own.
  • Civil documents. Passports, birth and marriage certificates, police certificates and other records, with translations where needed.
  • Medical exam. Done with a physician approved by the consulate (see the exam and interview).
  • Interview. A consular officer interviews you at the embassy or consulate that handles your case, and decides whether to issue the visa.

Which office handles your interview depends on where you live and on the State Department's assignments. Applicants in Taiwan are generally served by the American Institute in Taiwan (AIT) in Taipei, and applicants in Hong Kong and Macau by the U.S. Consulate General in Hong Kong. Mainland China applicants are assigned to a designated consulate, so check the instructions in your own case rather than relying on this article.

If the visa is issued, you travel to the U.S., and you become a permanent resident when an officer admits you at the port of entry. The physical green card then arrives by mail.

Adjustment of status: only from inside the U.S.

Adjustment of status means applying for the green card from inside the United States, using Form I-485. In general you must be physically in the U.S., have entered legally, and meet other conditions about your immigration status. Some people who have worked or stayed beyond what their status allowed are not eligible.

A person who is outside the U.S. cannot choose this route. Someone who is in the U.S. on a different visa should not assume they qualify, and should not file anything without legal advice, because a wrong filing can harm a later case. Adjustment cases also have their own job-change rules, which are covered in changing jobs after the green card.

Side by side

Consular processingAdjustment of status
Where you areOutside the U.S.Physically in the U.S., with lawful status
Main formDS-260 (online)I-485
Handled byNVC and a U.S. embassy or consulateUSCIS
Medical examApproved physician abroadCivil surgeon in the U.S.
Typical for EB-3 workers abroad?YesNo

What to be careful about

  • Do not rely on anyone who promises a date. Timelines depend on the Visa Bulletin, the annual limit and processing capacity.
  • Official forms and the Department of State website are free to read. Be wary of paid "fast track" offers.
  • Do not enter the U.S. on a tourist or student visa with the plan of switching to a green card. That can be treated as misrepresentation.
  • Keep copies of everything you submit, and answer every question truthfully.

If you are unsure which route fits your situation, contact us and an immigration attorney can look at your facts. For the full picture of the process, see who qualifies for EB-3 Other Workers.

Official sources

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