E39 is a class-of-admission code for a spouse of a qualifying EB-3 skilled worker or professional in the adjustment category. It is not a separate job offer category or an independent employment petition. The spouse’s eligibility is derived from the principal worker and the qualifying relationship. [1]
Rules that determine the answer
INA section 203(d) provides derivative treatment for qualifying spouses and children of covered preference immigrants. The derivative generally follows the principal’s preference classification and visa availability, but must independently satisfy the applicable adjustment requirements. A marriage certificate does not replace proof of the principal case, the relationship’s timing, and the derivative’s own admissibility and entry history. [2]
The current G-1055 schedule lists a general over-fourteen I-485 fee of $1,440 on paper or $1,390 online, with category-specific exceptions. Medical, translation, and any separately requested EAD or travel-document costs may be additional. [3] A consular case uses a different process and can receive a different admission code; do not choose E39 as though it were a visa an applicant purchases. Timing depends on visa availability, the principal petition and adjustment, the derivative’s evidence, and adjudication. No single E39 processing-time figure captures those dependencies, and approval of the principal’s labor certification alone is not approval of either green card.
What to do next
- Confirm the principal’s EB-3 classification, petition, priority date, and current eligibility.
- Document the marriage and any prior marriage terminations, and verify derivative eligibility for the requested route.
- For adjustment, check the applicable visa chart and submit the required individual I-485 evidence and current fees.
- Track requests, medical-examination requirements, employment or travel applications, and any change in the principal case separately.
Practical example
A worker has a qualifying pending EB-3 adjustment case and a spouse who is independently eligible to adjust. The spouse’s case can receive a derivative classification, but an unavailable visa number or the spouse’s own inadmissibility issue is not cured merely by the E39 label.
For related situations, see the PERM ‘determination issued’ status and I-824 transfers to NVC.
Primary sources
- SSA: Official immigration class-of-admission code table
- 8 U.S.C. § 1153: Preference and derivative immigration
- USCIS: G-1055 fee schedule, October 16, 2026
Sources checked: October 31, 2026.