West Eagle Immigration

EB3 Visa

EB3 Visa Processing Step-by-Step

There are 4 main parts to the EB3 visa process:

  • Step 1: PERM Labor Certification

 • Step2: I-140 Petition

 • Step 3 Wait for Priority Date

• Step 4: Consular Processing and apply for Visa

EB3 Processing Time

the EB3 visa allows a U.S. company to sponsor a foreign worker for a green card. Through the EB3 visa, professionals, skilled workers, and unskilled workers can receive a U.S. green card based on a full-time job offer from a U.S. company. As a general overview the EB3 processing time is anywhere from 1 to 3 years or more depend on the nationality and FBI check required.

Note 1. In order to sponsor a foreign worker, the U.S. company must try to first hire a qualified U.S. worker. Only after the U.S. company has attempted and failed to recruit a qualified U.S. worker, can they sponsor a foreign worker.

Note 2. Of the total green cards available for foreign workers, 28.6% are allocated towards the EB3 visa. Therefore, approximately 40,000 EB3 visas are available per year. Additionally, no more than 7% of the total EB3 visas can go to nationals of any one country. This means that there are usually more EB3 visa applicants than spots, which can lead to a backlog.

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- When you submit your Form I-140 immigrant petition you will also receive a priority date. Your priority date will tell you when you can schedule your immigrant visa interview or apply for adjustment of status (next step). For some countries, there is no wait time and you can schedule a visa interview immediately. For other countries, particularly those born in China and India, this wait time can be much longer. You can look at the USCIS visa bulletin website by clicking here for more information about wait times.

Step 1: PERM Labor Certification (About 10 Month Total Processing Time)

- The first step in the EB3 visa process is for the U.S. employer to get an approved PERM labor certification. As I mentioned above, before a U.S. employer may sponsor a foreign worker, they must attempt to hire a qualified U.S. worker. It is only after they try and fail to hire a U.S. worker, that the U.S. employer can sponsor a foreign worker for a green card. Once the U.S. employer successfully goes through the PERM process, they receive a labor certification from the U.S. Department of Labor. Getting an approved labor certification is required for the employer to sponsor a foreign worker under the EB3 visa. This process usually takes about 10 months.

Step 2: Form I-140 Immigrant Petition (6 to 9 Month Standard Processing Time, 15 Day Premium Processing Available)

- Once the PERM labor certification is approved by the Department of Labor, the next step is for the employer to submit a Form I-140 to USCIS. The Form I-140 is the immigrant petition and it is filed by the U.S. employer on behalf of the foreign worker. Once the form I-140 is filed, it usually takes 6-69 months to get a response from USCIS. The US employer can also elect to pay an additional $1,440 for premium processing, to receive a response in 15 days. If USCIS has any concerns about the petition, they may render a Request for Evidence (RFE). This can also slow down the processing time.

Step 3: Wait for Your Priority Date to Become Current 

- When you submit your Form I-140 immigrant petition you will also receive a priority date. Your priority date will tell you when you can schedule your immigrant visa interview or apply for adjustment of status (next step). For some countries, there is no wait time and you can schedule a visa interview immediately. For other countries, particularly those born in China and India, this wait time can be much longer. You can look at the USCIS visa bulletin website by clicking here for more information about wait times.

Step 4: Apply for Immigrant Visa

- If you are outside of the United States, you will likely apply for an immigrant visa. This is done by filing a Form DS-260. A number of months after filing the DS-260 you will be required to attend a visa interview at the consulate or embassy of your home country. Following successful completion of the interview, you should receive your immigrant visa stamped into your passport. This whole process takes about 9 months.