The EB-3 visa is available to foreign skilled workers and professionals who meet certain job qualifications. Since it falls under the employment-based visa category, an employer must sponsor the applicant and go through a labor certification process. While this green card offers a path to permanent residency, the process can take time. Understanding how long it takes to get an EB-3 green card depends on various factors, including country of birth, employer sponsorship, and government processing times.
The PERM Labor Certification Process
Before an employer can file for an EB-3 Green Card, they must first obtain a PERM labor certification from the US Labor Department. This process ensures that there are no qualified US citizens for the position and that hiring a foreigner won’t have any negative impact on the working conditions, wages, and the overall wellness of American workers.
The PERM labor certification process typically takes anywhere from six months to over a year, depending on whether the application is audited. If the DOL selects an application for audit, it can add several more months to the timeline. Delays in government processing can further extend this step.
Filing the I-140 Petition
Once the PERM labor certification is good, employers must file Form I-140, the Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This step officially confirms that the employer can pay the worker’s salary and that the worker meets the job requirements.
Processing times for the I-140 petition vary, but regular processing can take between six and nine months. However, employers can choose to pay for premium processing, which speeds up the decision to just 15 calendar days. While premium processing does not impact the overall green card timeline, it does provide quicker confirmation of the petition’s approval.
Visa Bulletin and Priority Dates
After the I-140 petition is approved, applicants must wait for a visa to become available. The U.S. government limits the number of green cards issued per year for each category and country, which creates backlogs for certain applicants. The Visa Bulletin, published monthly by the U.S. Department of State, shows which priority dates are currently eligible for processing.
A priority date is the date the PERM labor certification was filed (or the I-140 filing date if PERM was not required). If the priority date is not yet current on the Visa Bulletin, the applicant must wait until a visa number becomes available before moving forward.
For some countries, such as India and China, the backlog for EB-3 visas can be years long. Workers from countries with less demand may have little to no wait time beyond standard processing.
Adjustment of Status or Consular Processing
Once the priority date comes, applicants can adjust their status(given that they’re already in the country) or go for consular processing at a U.S. embassy from their home country. For those adjusting status, Form I-485 is submitted to USCIS, and processing times can range from six months to over a year, depending on case volume. Applicants may also be required to attend an interview.
For consular processing, applicants must attend a visa interview at their local U.S. consulate. The timeline for this step depends on the specific consulate’s scheduling availability, which can add several more months to the process.
Potential Delays in the Process
Many factors can delay the EB-3 green card process. Backlogs in the Visa Bulletin are a major source of delays for applicants from high-demand countries. USCIS processing times for I-140 petitions and I-485 applications can also fluctuate based on workload and government efficiency.
Additionally, mistakes in application forms, missing documents, or requests for evidence (RFEs) from USCIS can extend processing times. Background checks, security screenings, and consulate interview wait times may also contribute to delays.
Estimated Total Timeframe for an EB-3 Green Card
The total time to get an EB-3 green card varies significantly based on individual circumstances. In cases where there is no visa backlog, the process can take as little as 18 months to two years from the start of the PERM labor certification to receiving the green card. However, for applicants from backlogged countries, the wait time can stretch to several years.
Applicants should regularly check the Visa Bulletin and stay in close communication with their employer and immigration attorney to understand their estimated timeline.
The EB-3 green card process requires patience, as multiple steps and government processing times contribute to the overall timeline. While some applicants may complete the process within two years, others, especially those from high-demand countries, may face longer waits. Staying informed about visa availability and ensuring all paperwork is correctly filed can help make the process as smooth as possible.
