EB3 Visa Adjustment of Status: Guide to Obtaining Your Green Card

The EB3 Visa Adjustment of Status is a valuable pathway for skilled workers, professionals, and other workers seeking permanent residency in the United States. One of the most critical steps in this process is the Adjustment of Status (AOS), allowing you to transition from a temporary visa holder to a Green Card holder without leaving the U.S. In this comprehensive guide, we’ll walk you through each step of the EB3 visa Adjustment of Status process.

Understanding the EB3 Visa

The EB3 visa is divided into three categories:

  • Skilled Workers: Jobs requiring at least two years of training or experience.
  • Professionals: Positions requiring a U.S. bachelor’s degree or a foreign equivalent.
  • Other Workers: Unskilled positions that require less than two years of training.

Each category requires an employer to sponsor the applicant through a PERM Labor Certification, proving that no qualified U.S. workers are available for the job.

What is Adjustment of Status (AOS)?

Adjustment of Status (AOS) is the process of transitioning from a non-immigrant visa (like H-1B, F-1, or B-1) to lawful permanent resident (Green Card holder) without having to return to your home country for consular processing. This process is managed by U.S. Citizenship and Immigration Services (USCIS).

Step-by-Step Guide to EB3 Visa Adjustment of Status

Step 1: Determine Eligibility

To qualify for AOS under the EB3 visa, you must:

  • Be physically present in the U.S.
  • Maintain lawful status (exceptions may apply for certain categories).
  • Have an approved I-140 Immigrant Petition for Alien Worker from your employer.
  • Have a current priority date — this is based on when the employer filed the PERM Labor Certification.

Step 2: File Form I-485

The core of the Adjustment of Status process is Form I-485, Application to Register Permanent Residence or Adjust Status. This form collects detailed information about your background, immigration history, and eligibility.

Key documents to include with Form I-485:

  • Copy of your approved I-140 petition.
  • Proof of lawful entry (e.g., I-94 Arrival/Departure Record).
  • Passport-style photos.
  • Birth certificate.
  • Medical examination results (Form I-693).
  • Employment verification letter.
  • Proof of financial support (Form I-864 if applicable).

Step 3: Apply for a Work Permit and Travel Document (Optional)

While waiting for your I-485 to be processed, you can apply for:

  • Employment Authorization Document (EAD) using Form I-765 — allowing you to work in the U.S.
  • Advance Parole (AP) using Form I-131 — permitting you to travel outside the U.S. without abandoning your AOS application.

These are often filed concurrently with the I-485.

Step 4: Attend the Biometrics Appointment

USCIS will schedule a biometrics appointment at a local Application Support Center (ASC). You’ll provide fingerprints, a photo, and a signature for background checks.

Step 5: Attend the Adjustment of Status Interview

In most cases, USCIS requires an interview. During this meeting, an officer reviews your application, verifies your documents, and assesses your eligibility. Be prepared to discuss your job, employer, and immigration history.

Tips for a successful interview:

  • Bring original documents.
  • Answer questions honestly and clearly.
  • Dress professionally.

Step 6: Receive Your Green Card Decision

After the interview, USCIS may approve your application on the spot or send a decision later. If approved, you’ll receive your Lawful Permanent Resident (Green Card) in the mail. If denied, USCIS will provide reasons and potential options to appeal.

How Long Does the EB3 Adjustment of Status Take?

The timeline varies depending on factors like priority date availability, USCIS workload, and your location. On average, the process takes 12-24 months from I-485 filing to Green Card approval.

Costs Associated with EB3 Adjustment of Status

Here’s a breakdown of typical fees:

  • Form I-485 filing fee: $1,140 (plus $85 biometrics fee for ages 14-78).
  • Form I-765 (EAD) and Form I-131 (Advance Parole): Usually included with I-485 at no extra cost.
  • Medical exam: Varies ($200-$500 on average).
  • Attorney fees (optional): Varies based on legal support.

Final Tips for a Smooth Adjustment of Status

  • Stay compliant with immigration laws — avoid unauthorized employment or overstaying visas.
  • Keep copies of all forms and supporting documents.
  • Monitor your case status online at USCIS Case Status.
  • Seek legal advice if facing complications.

Conclusion

The EB3 visa Adjustment of Status process is a significant step toward achieving permanent residency in the U.S. While the journey involves complex forms, waiting times, and interviews, careful planning and preparation can lead to success. By following this guide, you’ll have a clearer understanding of the steps and requirements involved, empowering you to pursue your Green Card with confidence.

Are you considering an EB3 Adjustment of Status? Have questions about the process? Share your thoughts or ask for more guidance below — we’re here to help!