How To Apply For A Green Card under EB-3 & EB-2 Category (most common for H-1B and E-3 visa holders)

Apr 14, 2009

If you are currently on an H-1B visa or E-3 visa and curious about what you have to do to get permanent residency (aka a Green Card) then we will try and document the process here for you.

If you are interested in the issues surrounding whether or not you are able to do it and what other visas can transfer to a Green Card, read the specific Green Card and visa posts as they discuss that in more detail. This post is designed to be strictly about the process.

Firstly let us show you the Green Card. The most thing to note is that it is not actually green and it is a plastic card issued to you by the USCIS.

You can read more in the Green Card information post about the EB-2 and EB-3 category of green cards. Essentially EB stands for employment based as this version of permanent residency requires the employer to file.

The EB-2 category is for Post Graduate degree holders like a Masters Degree or Bachelor Degree holders with 5+ years experience in the chosen specialty.

The EB-3 category is for Bachelor degree holders or those with enough work experience in the relevant specialty which was enough probably in the first place to get them their H-1B or E-3 visa without a Bachelors degree.

THE GREEN CARD PROCESS

Step 1: Labor Certification

Application using Form ETA-750 submission via your employer to the Department of Labor.

During this Labor Certification procedure, your employer has to prove to the Department of Labor they were could not find a suitable person for the specific role you are in within the US. They will have to advertise for your position, and sometimes do interviews and other recruiting procedures to prove this under the DOL guidelines.

After this your employer can file an application with the DOL explaning they were unable to find both a suitably qualified and experienced candidate. As a result they wish to sponsor you for permanent residency as you have the relevant expertise.

This process can take many months to years to complete.

The cost of this process with the advertising of the role can obviously range greatly but a rough conservative figure may be $1,000 but if can differ greatly state by state and also with the different DOL offices.

Step 2: I-140 to USCIS & Adjustment of Status ( I-485)
These two can be filed in parallel but form I-485 wont be approved until after you I-140 is accepted
At this time you can also file for EAD ( Employment Authorization Document) and AP ( Advance Parol or Travel Document) , once you file for 485, you will be required to do fingerprinting.

Once your Labor Certificate is approved, your employer will file a Form I-140 -(know as Petition for Immigrant Worker) – on your behalf.

Employer should demonstrate that the company is in a good financial position to capable of paying the salary advertised for the job. For this purpose employer’s financial financial statement and corporate income tax return documents also required.

Also at this point a National Visa Number issued via the Department of State. The Adjustment of Status can only be filed once your Visa Number is available according to the Visa Bulletin released by the Department of State each month.

The applicant is given is granted against per year Quota/per country/per category. So people from China, India and Mexico and those from those countries with just Bachelor Degrees tend to have very long waits into many years before they can complete the process.

Another restriction at this stage is that a person applying for a green card needs to stick with the company, through which his/her green card is getting processed, till he gets his Green card. Otherwise he loses the process, and needs to apply for a fresh application from the beginning.

Spouse/Dependent applications can only be filed once the I-140 is approved for primary applicant.

The I-140 processing fee is constantly changing but is currently $500 for regular and $1,000 for premium processing.
The I-485 fee is $930 (includes work authorization EAD and Advnace Patrol Travel if filed at same time otherwise EAD is $340 and Advance Patrol is $305)
Additionally a $120 medical assessment paid to approved Doctor is required as well as $80 biometric fee.

It should be noted that these fees are multiplied when dependents like spouses and children under 21 are involved.

Get You Passport Stamp and Green Card

I hope this helps your understanding of the Green Card process. It is fairly complicated and is one of the reasons why lawyers start to become more necessary in these times which is unfortunate as that is an added cost to the employer and immigrant.

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41 Comments

adjustment of status, Advance Patrol, application, dependent, e3, EAD, EB-2, EB-3, ETA-750, green card, h1b, I-140, I-1485, permanent residency, petition, spouse, visa number

41 Comments

Garima • Aug 23, 2009 @7:16 pm

I’m on H1B visa and employed with a US company and my company has filed my green card under EB2 around 1 year back. Now I want to switch to another company and i want to know how much money i have to give to my current company as a compensation for filing green card on my behalf?
admin • Aug 30, 2009 @8:27 am

Hi Garima,
You don’t have any legal requirement to pay them back at all and that is completely up to you because it is up to the company to pay those application costs. I hope you realize as well that switching companies probably will cause your whole Green Card application to be void and you would have to start again so may be good to have some legal advice to work out best transition for this.
Good Luck,
CJ
pradip • Sep 4, 2009 @6:59 am

hi,

i will soon be getting an H1B. I would like to know when actually am i eligible to start filing for a green card under the EB2 category? i hold a masters. do i have to first finish 5 years within the same company without any breaks and then think about it??
e3visa • Sep 5, 2009 @5:01 pm

Hi Pradip,
You are eligible immediately to file for a green card when on your H1B visa, however it is not you who does the filing. The filing has to be done by your employer and is a specific process that needs to be followed. It is not a quick process and depending on which country you are from, it could take a fair while.
Good Luck,
CJ
Raj J • Sep 28, 2009 @9:43 pm

I am on E3 and my company is ready to sponsor for green card.
I heard that E-3 visa holders cannot do PERM labor certification, because they have to demonstrate ” Residence Abroad” to qualify for E-3 Visa.

In other words, the E-3 visa is given on a non-permanent basis into the United States. The only way is to transfer to H1b for processing GC?
e3visa • Sep 29, 2009 @12:53 am

Hi Raj,
As I said to your earlier question on http://e3visa.info/2009/02/14/transfer-to-an-h1b-or-an-e3-work-visa-from/ it is certainly possible to apply for Permanent Residency via the E3 visa. Many people have done it successfully and I know this from personal experience.
The actual regulations state “An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.”
So this basically means they can’t deny an E-3 visa application just because you have an open Green Card application.
Yes you have to demostrate residency abroad but that does not preclude you from applying and anyone that tells you differently is giving you incorrect information.
CJ
Armando Rodriguez • Oct 3, 2009 @12:01 pm

My boyfriend lives in Aguascalientes Mexico and works for the company Modelo. He’s worked for the company for over 11 years. He now has the opportunity to transfer his job to a different site location near Tijuana Mexico.

I live in San Diego, CA. His plan is to apply for a green card to live here in San Diego, but work in Mexico. He currently has a visa for travel, my question to you is what type of visa or boarder pass will he need to cross on a frequent basis, until his green card is approved? Please help. Thank you
e3visa • Oct 3, 2009 @11:32 pm

Hi Armando,
Your boyfriend can’t directly apply apply for a green card directly (apart from the Green Card Lottery) unless there is a sponsor which is either an employer or a directly family member including via marriage. He could get a B2 tourist visa which will allow him to come for certain periods of time.
Good Luck,
CJ
Gary • Oct 8, 2009 @8:43 pm

Hey.

I am currently an 01 visa holder and have another year and a half left on my visa.
I plan to stay in the US and wanted to know if I could start my Green Card application now?Also are there any more requirements over and above what I had for the 01 application?
Thanks
e3visa • Oct 9, 2009 @1:00 am

Hi Gary,
I am not an expert in the O1 visa but as I understand it you should be able to file for Permanent Residency easily as you are what the US Government considers someone of exceptional ability. The O1 visa is a dual intent visa so definitely allows for it and you probably will have a speedier path to the actual green card.
Good Luck,
CJ
errl • Dec 14, 2009 @3:29 am

I am on H1b with one company. I asked them if they can already file me for EB2 since we have agreed that after 60 days of starting working with them, they will file for it. But now, that time came, they told me they wont be able to file for my EB2 till after a year. I have more than 5 years of progressive experience and I feel that I am qualified foe the EB2. Is it possible to look for other employer who is willing to file for my eb2, while still under contract with my company. And will just buy out my contract when approved with eb2 with other company.
e3visa • Dec 19, 2009 @3:54 pm

Hi Erri,
It is always possible to look for a new company but it is up to your current company whether they will let you out of your contract with no issues. I assume they (or their immigration legal people) either think the 5 years of experience you have is not fully all related to the specialized position your EB2 application relates too OR that they want to not pay all the application costs, etc. right now and want to put it off for a year.
Good Luck,
CJ
Saran • Dec 30, 2009 @6:55 pm

Question 1: I am an Indian born, Australian Citizen on a E3 visa. Does applying for a Green Card jeopardize my chances of getting E3 visa renewed in the future?
Considering that there is a 4 to 5 years wait to get a Visa number after filing for I-140 for an Indian born person and considering that E3 visa is only valid for 2 years, I have to extend my E3 visa atleast 3 times before I get the Green Card approved. Do you think that I can get away extending my E3 visa 3 times even though GC process is pending?

Question 2: My wife is on E3D visa and has EAD. She is working now and can her employer start GC process and will that jeopardize her E3D visa renewal and/or my E3 visa renewal?

What is the Best/Safe bet? Applying GC on my name or on my wife’s name? Both are qualified educationally and both have jobs in the U.S.
Doug • Jan 2, 2010 @12:51 pm

I have a similar question as Saran.
Currently in USA as a E3 for Australians only visa since 2005. Employer is currently applying for a 2nd extension., which will result in having worked in the USA for 6 consecutive years.

Can I or my spouse who is on a E3D visa apply for a green card.

Thank you in advance for your reply.

doug
e3visa • Jan 2, 2010 @11:06 pm

Hi Saran,
Q1: Strictly speaking it shouldn’t effect your E3 visa renewal as while the E3 visa is not a dual intent visa it also states that “An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition”. Basically meaning if you have an open green card application, you shouldn’t be denied solely because of that reason.
Also you should note that many Indian born applicants are expecting wait times closer to 10 years due to the massive backlog.

Q2: If you are on an E3D visa and her ability and duration able to work is tied to you, I doubt that she would be able to apply for Green Card via employer given that fact. This is something that has probably never or rarely been tested but if you honestly think she would have a better chance than you of getting a green card via her employer, then having her on a full E3 visa would probably be better if she an Australian citizen or H1B visa otherwise.

Q3: As said above, it would be best to do it on the full visa holder and if one of you has higher qualifications than the other like a Masters Degree or PHD that could be helpful as well.

Good Luck,
CJ
e3visa • Jan 2, 2010 @11:17 pm

Hi Doug,
Your employer can file for the Permanent Residency application on your behalf as while the E3 visa is not a dual intent visa, it is also not prohibited either like the J1 visa or F1 visa. Many people have successfully got their green card on the E3 visa. I would suggest that maybe your spouse get an E3 visa as well if possible and then have their employer do the green card application too as for whatever reason one may be faster than another due to the long processing times and many steps and thus if one gets it, as a spouse you can get a green card as well.
Good Luck,
CJ
Dave • Jan 6, 2010 @2:39 am

I am a Canadian professional (actuary), and am being recruited for an executive position in NY. My fiance is Ukrainian, and I’ve now become aware of the huge backlog in the system for LPRs trying to bring their spouse into the US.

My prospective employer would be filling an EB2 priority i-140 for me. Would they be able to do anything for my fiance? (or wife, if we married pronto?)

I know they are highly motivated complete my recruitment, but I don’t want to suggest it if it is simply not possible. I’d rather know the answer of what is possible ahead of time.

Any input would be greatly appreciated.
Dave • Jan 7, 2010 @5:17 pm

I think I’ve answered my own question, via the following link.

http://www.immihelp.com/gc/consular/employment-immigration-marriage.html
shahin sultana • Jan 8, 2010 @9:02 am

i am on h1 visa holder i got my i 140 approved in 2007 , under any new law can i file i 485 pls advice me.
thanks
e3visa • Jan 10, 2010 @8:25 pm

Hi Dave,
I know you have subsequently posted and think you have answered your own question. I applaud you for both your diligent self research and for posting the link here so people could learn as well. In my opinion in your case, it is definitely worthwhile to consider marriage if it already on your agenda as the US Immigration system only recognizes hetersosexual marriage and not domestic partnerships of any persuasion or indeed gay marriage. So given the backlog as you noted, it is best to do this from the beginning.
It would be great if you come back and share your experience as well as I know everyone here would appreciate it.
Thanks again,
CJ
e3visa • Jan 10, 2010 @8:52 pm

Hi Shahin,
There are no new laws regarding Permanent Residency. There will probably be some sort of Immigration reform passed in 2010 but who knows what that will include and whether it will even be beneficial to Immigrants. It is just a matter of waiting for your visa number to become available unfortunately.
Good Luck,
CJ
Marcelo • Mar 14, 2010 @12:37 am

Hi, I’m a H1B visa holder and my current employer would like to request a Green Card for me. But my question is:
What happens if I move forward to another company (also using H1B)?
If my current employer agree to continue with the Gree Card process while I work for another company, would it be possible or should I restart with a new petition?
Thanks.
e3visa • Mar 22, 2010 @1:03 am

Hi Marcelo,
Once you have a Visa Number from your green card application under your first company, it is possible to transfer that to the 2nd company if the role, etc. is similar and of course that they are willing to continue the process. The process can only be done my whoever your current employer is. The exact process of this transfer would have to best explained by a legal person as I am not sure exactly what forms, etc. need to be completed.
Good Luck,
CJ
Gabriel • Apr 3, 2010 @4:31 am

Hello,
I am under H1b and my company is planning to file us an EB2 visa. They plan to pay half of my visa (they said the total costs is $5K) and my dependents (husband & son is $3610). Would you think this fees are reasonable? Do I need to pay for lawyer fees for my dependents application? Thanks.
e3visa • Apr 12, 2010 @12:55 am

Hi Gabriel,
Technically if they are filing for the Permanent Residency on your behalf they should pay all the costs but the situation you describe is common.
All the application costs are somewhere between $2,500 and $3,000 usually and then lawyer fees on top of that which can of course vary. It may be prudent to use a lawyer for this process to do it all correctly but it is certainly not cheap.
Good Luck,
CJ
ramesh • May 10, 2010 @5:48 pm

Hi I m in H1b Visa.My visa expires on 2011 jan.I am trying to file my GC.Once filed gc when can i extend my H1b visa.labor has to passed or once gc filed i can extend my h1b.pls give details
e3visa • May 19, 2010 @2:53 am

Hi Ramesh,
If you have a pending Green Card filing via your employer, your H1B visa status can be extended.
CJ
Johann • May 26, 2010 @4:27 am

I am GC holder and I own a business in the united states, it has been running for 2 years now, my question is, can i sponsor my brother for h1-b?
e3visa • May 28, 2010 @6:56 pm

Hi Johann,
Your company could sponsor your bother for an H1B visa and as long as your company is legitimate, the role is legitimate as per the H1B specialty occupation criteria and he is paid the minimum required wage for that role type in that locale, then you should be fine.
Cj
Yoyo • Jun 8, 2010 @4:21 pm

Hi,

I am on H1B since October 2009 and my company indicated that they would be willing to sponsor me for EB2. I got married in December 2009; spouse is British and in London. We are considering the best way to have him join me here and still be able to study and work ASAP. Would it be prudent to have him enter on F1 visa by Spring 2011 and before my company starts the processing or should I ask my company to start processing now? If my company starts green card processing before he applies for his F1 visa will that affect chances of getting approved? and is it possible for him to remain on F1 visa while my green card is being processed?
EB2orEB3 • Jun 11, 2010 @6:41 pm

Hi,

I work for a company A on H1B and they are ready to file for start my GC under EB3 category. I have a masters degree from US and I am interested in filing under EB2 category. I have got a job in company B which is ready to file my GC immediately after joining under EB2 category. Can company B start my GC process immediately or is there any law that they have to wait for 6 months to start the process after I join the company?

MY H1B six year quota expires in Sept 2011 and I need to make a decision quickly whether to join company B and file under EB2 or let company A file under EB3.

Please advice.

Thanks.
e3visa • Jun 20, 2010 @2:21 pm

Hi Yoyo,
It takes a file to file the EB2 application as you probably know but it is probably prudent to have his F1 visa approved prior to the filing with the USCIS following the company advertising your role, etc.
Yes it is possible for your husband to remain on the F1 visa while the EB2 is processing.
Good Luck,
Cj
e3visa • Jun 20, 2010 @3:08 pm

Hi EB2orEB3,
Yes your company can file for your EB2 immediately after you are hired.
Good Luck,
Cj
AuditiG • Jun 23, 2010 @2:07 am

Hi,
I am a single, Indian EB2 professional and my company has applied for a Green Card with a priority processing date of April 25, 2008.
Since my initial 6 years on the H1B ran out, I have been granted a 3-year extension until Sept. 7, 2011.
I have a couple of questions:
- At what point can I switch employers legally?
- At what point do you estimate I can get a visa number?
- At what point do you estimate I get an EAD?
- Am I eligible to travel out of the country at this point, and what do I have to get done to be able to travel abroad?
Thank you.
-Auditi
Pedro • Jul 4, 2010 @5:33 pm

I am in H1B(first year) my wife is H4, we went thru the whole process PERM, we even got our EAD and had everything ready… my I 140 was approved (EB3) using Texas processing center, but in the same day the same office sent a denied letter for my I 485.. (went from a celebration to a funeral in less than 4 hours) in a long 4 pages letter they stated that there were no visa numbers available.. ( I am not from Mexico, China or any limited visa numbers country!) and that this decision can not be appealed but our lawyer has 30 days to reopen the case.
what it should be our next step?
if the I 485 is denied can my wife still using her EAD card and work while this is going on?
what chances of success do you think I will have with a I485 denied situation like this?
thanks
viji • Jul 21, 2010 @8:59 am

Hi,
My husband is going to us in L1B Blanket visa, i hope it is valid for 3 years and 2 years extension, totally we can stay in US for 5 years, my question is if we want to stay in US for more than 5 years what should i do, should i ask him to apply for green card, if so how long will it take to get the green card and will i be able to be in US even for more than 5 years? Or else i heard some people tellng that if we change the visa type to H1B we can stay in US itself by just renewing in US itself. Is that true? can some one tell me exactly what to do if i want to stay in USA itself?
mj • Jul 22, 2010 @1:02 pm

I’m planning on pursuing jobs in NYC in early 2011 via the E-3 visa (and an E-3D for my wife.) We have family in New York and want to live there permanently.

Anyway, today I was offered a job in Los Angeles. If I took this job, what would be the quickest/easiest route to our ultimate goal of living in NYC? I am guessing it will be something like this:

Attain an E-3 visa, and an E3-D for my wife. Move to LA, since E-3 requires me to reside close to work (?), then my employer can start EB-3 application and we all wait patiently. If/when EB-3 is attained, we’re free to leave LA for New York where I can telecommute for the same employer.

Is there any way to cut out LA and move straight to New York? Or, could I get hired and telecommute from Australia while waiting for EB-3 to be processed, bypassing the E-3 altogether?

BTW I’m Australian-born with a 3 year Bachelor’s degree and 9 years’ relevant work experience.
Abereham • Aug 2, 2010 @8:09 pm

Hi,
My name is Abereham. I have a PhD degree and I am currently on an H1-B visa and working for a university in the US. I have been in the US for 10 months now and I am planning on applying for a GC for me and my wife who is still back in my country. Could you be kind enough to let me know in layman terms the process that I should go through to gain the GC and if you could, the amount of time it might take me ( I know it is difficult but just a rough estimate. I am from Ethiopia (east Africa).
Oya • Aug 4, 2010 @9:45 pm

Hi, I am an RN and my employer wants to file a GC for me. I was on OPT for the past year and that has expired and I currently have a valid I-20 for a masters degree in nursing. Will my employer still be able to file the GC for me even with a ’student’ status.
If they are able to, how long does the GC process take and I don’t have to worry about another OPT and H1 when I’m done with my masters right?
Jitesh • Aug 5, 2010 @1:56 am

hi
my lawyer has applied my GC under EB3 category where as I think it should have been in EB2 coz I have 3+2 years of Masters (3yrs Bachelor + 2 yrs MBA) from India and 8years of experience (5 years in india and 3.5 years in US) Please advice if he is wrong then what should I do to correct it as I am very much concerned about it.
Thanks
Ray • Aug 14, 2010 @7:53 am

Hi,

I am a Pakistani born Canadian citizen. I have masters degree from US. My brother, who has business in US, would like to sponsor me for EB3 visa. Is that the correct category of visa? If not, what is the correct category which eventually leads to GC?

Thanks for your guidance.

Ray

E3 Visa

Past Immigration Posts

How To Apply For A Green Card under EB-3 & EB-2 Category (most common for H-1B and E-3 visa holders)

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