EB-3 · Visa Bulletin

Applying inside the U.S. (Form I-485)

◈High confidence To file Form I-485 inside the U.S., you generally must have been inspected and admitted or inspected and paroled (there are limited exceptions), be physically present when you file, and have a visa immediately available both when you file and when USCIS decides. Employment-based applicants are generally barred if they are not maintaining lawful nonimmigrant status when they file, have worked without authorization, or have not kept a lawful status continuously since entry, unless section 245(k) of the Immigration and Nationality Act (INA) exempts them or they qualify under INA 245(i). An immigration attorney can check whether an exception fits your history.^[1,2]

If a visa is immediately available, you can file Form I-485 together with the I-140, while the I-140 is pending, or after it is approved (and remains valid). If you file based on an I-140 filed earlier, include Form I-485 Supplement J to confirm the job offer; it is not needed when the I-485 goes in together with the I-140 that names you.^[1,3]

While your I-485 is pending, you may apply for a work permit (Form I-765) and for advance parole to travel (Form I-131). Leaving the U.S. without advance parole generally abandons the I-485. One exception covers applicants in lawful H-1 or L-1 status, not in removal proceedings, who return still eligible for H or L status to resume work for the same employer, with a valid H or L visa if one is required. A similar rule covers applicants in H-4 or L-2 status whose spouse or parent is maintaining H-1 or L-1 status, if they remain eligible for H-4 or L-2 status and have a valid H-4 or L-2 visa if one is required.^[1,4]

Applying from abroad

If you live outside the U.S., or live here but want to apply abroad, USCIS sends the approved I-140 to the State Department's National Visa Center (NVC). The NVC collects fees and documents and tells you when a visa number is about to become available; once it is, the consulate schedules your interview.^[5,6]

A consular officer may issue an EB-3 immigrant visa only after receiving the approved petition with the DOL labor certification (or evidence that the occupation is on Schedule A), and must first confirm that you have the qualifications the certification is based on.^[7]