The EB-3 green card is a popular pathway for foreign workers to gain lawful permanent residence in the United States. This category is designed for skilled workers, professionals, and other workers who meet specific qualifications. However, the process of obtaining an EB-3 green card can be lengthy and complex, influenced by various factors including priority dates, country of origin, and the specifics of the application process. This article delves into the details of how long the EB-3 green card process takes, the steps involved, and factors that can affect the timeline.
Understanding the EB-3 Green Card Category
The EB-3 category is divided into three subcategories:
Skilled Workers (EB-3A): Individuals with at least two years of job experience or training.
Professionals (EB-3B): Individuals with a U.S. bachelor’s degree or a foreign equivalent degree.
Other Workers (EB-3C): Unskilled workers with less than two years of experience or training.
Each subcategory requires a valid job offer from a U.S. employer and a labor certification to ensure that there are no qualified U.S. workers available for the position.
Factors Influencing Processing Times
The time it takes to obtain an EB-3 green card is influenced by several key factors:
Priority Date: The date when the applicant’s employer files the labor certification (PERM) or the Form I-140 petition with USCIS. This date determines the applicant’s place in line for visa availability.
Country of Birth: Applicants from countries with high demand for green cards (such as India, China, and the Philippines) may face longer wait times due to per-country limits on the number of green cards issued annually.
Visa Bulletin: Published monthly by the U.S. Department of State, the Visa Bulletin indicates current priority date cutoffs for each green card category and country of birth. Applicants can track their priority date against the cutoff dates to estimate when their green card application might become current.
The EB-3 Green Card Process
The process of obtaining an EB-3 green card involves several steps, each with its own timeline:
Labor Certification (PERM): The employer must obtain a certified labor certification from the U.S. Department of Labor (DOL), demonstrating that there are no qualified U.S. workers available for the position. The PERM process typically takes 6 to 9 months but can be longer if the DOL requests additional information or if the application is audited.
Form I-140 Petition: Once the labor certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS on behalf of the employee. USCIS processing times for Form I-140 can range from several months to over a year, depending on the service center and whether premium processing is used.
Waiting for Priority Date: After the Form I-140 is approved, the applicant must wait for their priority date to become current according to the Visa Bulletin. This waiting period can vary widely based on the applicant’s country of birth and the demand for green cards in the EB-3 category.
Form I-485 or Consular Processing: Once the priority date is current, applicants who are in the U.S. can file Form I-485, Application to Register Permanent Residence or Adjust Status. Those outside the U.S. must go through consular processing at a U.S. embassy or consulate. Form I-485 processing times vary by USCIS field office and can range from several months to over a year. Consular processing times also vary by location.
Current Trends and Challenges
In recent years, the demand for EB-3 green cards has often exceeded the annual quota, leading to significant backlogs, especially for applicants from countries with large numbers of applicants, such as India and China. This has resulted in lengthy waiting periods for many EB-3 applicants. For example, Indian nationals in the EB-3 category often face a wait time of several years or even decades due to high demand and limited visa numbers.
Average Processing Times
While the exact time frame for obtaining an EB-3 green card varies widely, the following is a general overview of the average processing times for each step in the process:
Labor Certification (PERM): 6 to 9 months, but can be longer if audited.
Form I-140 Petition: 6 months to over a year, depending on USCIS service center workload and whether premium processing is used.
Priority Date Wait: This can range from a few months to several years or more, depending on the applicant’s country of birth and the current Visa Bulletin.
Form I-485 or Consular Processing: 6 months to over a year, depending on the specific USCIS field office or consular post.
SEE ALSO: GREEN CARD INTERVIEW PROCESS: IMPORTANCE & TIMELINE
Strategies for Expediting the Process
While the EB-3 green card process can be lengthy, there are several strategies that applicants and employers can consider to potentially expedite the process:
Premium Processing: Employers can opt for premium processing for the Form I-140 petition, which guarantees a 15-calendar-day processing time for an additional fee. This can significantly reduce the overall processing time.
Concurrent Filing: If the applicant’s priority date is current, they can file Form I-140 and Form I-485 concurrently. This can save time compared to sequential filing, as both forms are processed simultaneously.
Accurate and Complete Documentation: Ensuring that all forms and supporting documentation are accurate and complete can help prevent delays caused by Requests for Evidence (RFEs) from USCIS. RFEs can add several months to the processing time.
Regularly Monitor the Visa Bulletin: Staying informed about the Visa Bulletin and priority date movements can help applicants anticipate when they might become eligible to file Form I-485 or proceed with consular processing. This allows for timely submission of applications.
Explore Other Immigration Options: In some cases, applicants may be eligible for other employment-based green card categories with shorter wait times, such as EB-2 for those with advanced degrees or exceptional ability. Employers can evaluate whether a different category might be more appropriate and beneficial for the applicant.
Conclusion
The process of obtaining an EB-3 green card can be long and complex, influenced by various factors including priority dates, country of origin, and specific steps in the application process. On average, the process can take several years, with significant variations based on individual circumstances. Understanding the factors that influence processing times and exploring strategies to expedite the process can help applicants and employers navigate the EB-3 green card process more effectively. By staying informed and proactive, applicants can better manage the timeline and increase their chances of a successful outcome.
