US EB-3 Process 2026: PERM, I-140 to Green Card
EB-3 has three stages: the employer's PERM labor certification and I-140, then the green card once your priority date is current. The employer pays all PERM costs.
Short answer: The EB-3 process has three stages: (1) the employer recruits and obtains PERM labor certification; (2) the employer files Form I-140; (3) once your priority date is current in the Visa Bulletin, applicants in the U.S. file Form I-485, and applicants abroad go through the NVC to a consular interview. PERM and I-140 alone can take more than a year, and the backlog adds time that varies by case and bulletin. Nothing is guaranteed.
This is the three-stage overview. Details for each stage are in the linked articles, so the step-by-step PERM detail is not repeated here.
Stage 1: What is PERM labor certification?
The employer must obtain a prevailing wage, run the required recruitment and show that no qualified, willing and available U.S. worker can be hired, then file Form ETA-9089 through the DOL FLAG system. The date DOL receives the ETA-9089 becomes your priority date (once the case is certified and the I-140 approved). Processing often runs to several hundred days, and audited cases take longer; check the DOL FLAG processing times page. For the full steps, see PERM labor certification step by step.
Stage 2: How is the I-140 handled?
After PERM certification, the employer must file Form I-140 with USCIS within 180 days, showing that the job offer is genuine, the worker meets the job's stated minimum requirements and the employer can pay the wage. The I-140 approval confirms your priority date. Premium processing for the I-140 is optional, with an extra government fee paid by the petitioner, and its deadline is currently counted in business days. It does not shorten the Visa Bulletin wait.
Stage 3: When can I apply for the green card?
When your priority date is earlier than the Final Action Date for your country of birth in the Visa Bulletin, you can move to the green card stage. Each month USCIS announces whether applicants in the U.S. should use the Final Action Dates chart or the Dates for Filing chart for Form I-485, so follow that month's announcement. In the October 2026 Visa Bulletin, EB-3 Other Workers for most countries, including Taiwan, Hong Kong and Macau, have a Final Action Date of 1 Jan 2022 and a Dates for Filing date of 1 Jun 2022; the November 2026 Final Action Date is 1 Jun 2022. Mainland China and India have different dates, covered in EB-3 for Taiwan and Hong Kong applicants.
If you are in Taiwan or elsewhere abroad, you generally go through the NVC (fees, Form DS-260 and documents), then a medical exam and a consular interview. If you are in the U.S. and eligible, you may file Form I-485 to adjust status (see concurrent filing). The medical exam is explained in the EB-3 medical exam guide.
Process timeline overview
| Stage | Main work | Common points to watch |
| PERM | Recruitment, labor certification | Long processing, audit risk |
| I-140 | Immigrant petition | File within 180 days after PERM certification |
| Backlog | Priority date wait | Follow the monthly Visa Bulletin |
| Green card | I-485 or consular | Medical exam, background checks |
What should applicants keep in mind?
- The employer must pay all PERM costs (20 CFR 656.12), and any request that you pay them is a red flag. The employer's attorney is responsible for compliant recruitment.
- Have documents ready showing you meet the job's stated minimum requirements, plus identity, civil and police records. The Other Workers category does not require a degree or two years of experience.
- During the backlog, stay in touch with the employer so the job offer remains valid.
- The employer's immigration attorney handles PERM and the I-140, so ask that attorney about your case status.
Last updated: 30 October 2026
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Frequently asked questions
Which date is my EB-3 priority date?
The date DOL receives the ETA-9089 (the filing date), not the PERM approval date, provided the case is certified and the I-140 is approved.
How long do PERM and I-140 take?
There is no fixed answer. PERM often takes several hundred days, audits take longer, and the I-140 takes additional time. Check the DOL FLAG and USCIS processing time pages and ask the employer's attorney.
Will I-140 premium processing get my green card faster?
No. It only affects the I-140 review time and does not shorten the Visa Bulletin wait.
Who pays the PERM costs?
The employer. 20 CFR 656.12 prohibits passing labor certification costs to the worker; see [who pays EB-3 costs](/en/blog/eb3-unskilled-costs-who-pays/).
Official sources
General information only, not legal advice. Immigration rules and the Visa Bulletin change; check the official sources above before you decide. Petitions are prepared and filed by the sponsoring employer’s licensed U.S. immigration attorney.