Adjustment of Status vs. Consular Processing – The EB-3 Visa Employers

Updated November 2, 2026

The EB-3 Visa Process for employers, Step by Step: Part 8 of 9

Once a worker’s priority date is current, there’s one step left: the green card itself.

There are two ways to finish it. Where the worker lives decides which one applies.

Workers already in the U.S. in lawful status may be able to finish through adjustment of status. Workers living abroad finish through consular processing at a U.S. embassy or consulate.

This guide explains adjustment of status vs consular processing for employers.

It covers how each path works and how they compare. It also explains what each one means for your timing and your role.

Key facts about adjustment of status and consular processing for employers

• The worker’s location decides the path. Workers in the U.S. in lawful status may adjust status, and workers abroad go through a U.S. consulate.
• Adjustment of status is filed with USCIS. The worker files Form I-485 inside the U.S. (USCIS, Form I-485).
• Consular processing runs through the State Department. The National Visa Center collects the documents, and a U.S. consulate interviews the worker (U.S. Department of State, Interview Preparation).
• An immigrant visa is valid for up to 6 months. The worker must enter the U.S. within that time (22 CFR 42.72).
• The worker files, not the employer. The employer’s job is to keep the job offer open and plan the start date.

Which path will my worker use?

The worker’s location and immigration situation decide the path. The employer doesn’t choose it.

• The worker lives outside the U.S. They finish through consular processing at a U.S. embassy or consulate, usually in their home country.
• The worker is already in the U.S. in lawful status, for example on a student visa or a temporary work visa with another company. They may be able to finish through adjustment of status without leaving the country.

The immigration attorney confirms which path fits each worker.

How does adjustment of status work?

Adjustment of status is how a sponsored worker who already lives in the U.S. gets the green card without leaving the country.

The worker files Form I-485 with U.S. Citizenship and Immigration Services (USCIS) once their priority date allows it (USCIS, Form I-485).

Here are the main steps:

1. The worker files Form I-485 when their priority date is current under the Visa Bulletin chart USCIS accepts that month. Their spouse and children under 21 file their own I-485s at the same time.
2. The worker attends a biometrics appointment, where USCIS takes fingerprints and a photo.
3. USCIS may schedule an interview.
4. USCIS approves the application, and the green card arrives by mail.

What are the EAD and advance parole?

While the I-485 is pending, the worker can apply for two documents.

An employment authorization document (EAD) is a work permit. Advance parole is a travel permit that lets the worker leave the U.S. and return while the application is pending.

Advance parole matters. Leaving the U.S. without it while the I-485 is pending generally counts as abandoning the green card application, with limited exceptions (8 CFR 245.2).

With EB3.work, the worker starts work for the sponsoring employer once the green card is approved, not on the EAD.

Who can use adjustment of status?

Adjustment of status is generally available to workers who are in the U.S. in lawful status when their priority date allows it.

The rules have exceptions that depend on each worker’s immigration history.

The immigration attorney checks every worker’s eligibility before anything is filed.

How does consular processing work?

Consular processing is how a sponsored worker who lives outside the U.S. gets an immigrant visa at a U.S. embassy or consulate, then travels to the U.S. to become a permanent resident.

It’s run by the State Department.

Here are the main steps:

1. The case moves to the National Visa Center. After the I-140 is approved, the National Visa Center (NVC) takes over the case.
2. The worker submits forms, fees and documents. That includes the online green card application, Form DS-260, and civil documents such as birth and marriage certificates.
   
   Each family member coming with the worker completes their own.
3. The NVC schedules the interview once the priority date is current, and sends the details to the worker, the employer and the attorney (U.S. Department of State, Interview Preparation).
4. The worker has a medical exam with an embassy-approved doctor before the interview.
5. The worker attends the interview at the U.S. embassy or consulate.
6. If approved, the immigrant visa is placed in the worker’s passport. It’s valid for up to 6 months from the date it’s issued (22 CFR 42.72).
7. The worker enters the U.S. and becomes a permanent resident that day.

Most of the worker’s own paperwork happens at the NVC stage, and the case stays there while the worker waits for their priority date.

Employers usually don’t deal with the NVC directly.

How do the two paths compare?

	Adjustment of status	Consular processing
Who it’s for	Workers already in the U.S. in lawful status	Workers living outside the U.S.
Where it’s filed	USCIS, inside the U.S.	National Visa Center, then a U.S. embassy or consulate abroad
Main form	Form I-485	Form DS-260
Main steps	I-485, biometrics, possible interview, approval	NVC documents, medical exam, interview, immigrant visa, entry to the U.S.
Current processing time	On the EB-3 visa processing times page	Depends on the worker’s consulate
Employer’s role	Keep the job offer open; confirm it if asked	Keep the job offer open; plan the arrival date
When the worker can start work	Once the green card is approved	The day they enter the U.S. as a permanent resident

What changes for the employer?

The employer doesn’t file anything at this step, but it still has an important role.

The worker’s application relies on the employer’s approved I-140 and on a job offer that’s still open.

• Keep the job offer open. The sponsored job has to be available when the worker finishes this step.
• Confirm the offer if asked. The employer may be asked to confirm in writing that the job offer still stands.
• Plan the start date. For consular processing, the start date depends on the interview date and the worker’s travel.
  
  For adjustment of status, it depends on when USCIS approves the green card.

When can the worker start work?

It depends on the path. A worker arriving through consular processing becomes a permanent resident the day they enter the U.S., and can start work right after arrival.

Their passport with the stamped immigrant visa serves as temporary proof of permanent residence for Form I-9, so they don’t need to wait for the green card to arrive by mail.

A worker adjusting status is already in the U.S. and usually already has a Social Security number.

With EB3.work, they start work as soon as their permanent residence is approved.

Part 9 covers the first day, including Form I-9.

How long does this step take?

It depends on the path and on where the worker is.

Adjustment of status follows USCIS’s timeline, and consular processing depends on when the worker’s consulate can schedule the interview.

For the current USCIS figures, see the EB-3 visa processing times page.

What the employer does at this step

• Confirm with the immigration attorney which path each worker will use.
• Keep the sponsored job open, with the same duties, wage and worksite.
• Confirm the job offer in writing if you’re asked to.
• For workers abroad, plan the arrival and start date around the interview and travel.
• For workers in the U.S., plan the start date around the green card approval.
• Start preparing for the worker’s first day, covered in Part 9.

Frequently asked questions