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EB-3 Visa Application Process

  • Employer (or petitioner) must obtain an approved application for Permanent Labor Certification from the U.S. Department of Labor that shows their ability to continue to pay the offered wage as of the priority date
  • A completed Form I-140 must be submitted
  • Submit the Filing Fee(s.
  • Submit evidence
  • Sign and file Form I-140
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EB-3 Visa Caps

A limited number of EB-3 visas are issued per year. 140,000 immigrant visas are issued for the employment category each fiscal year. Nearly 28.6%, or around 40,040 visas, are allocated for the EB-3 program. Remaining applicants who lie outside of the cap or quota are shuffled back into the lottery for the preceding year until the next drawing occurs.

EB-3 Family Eligibility Status

EB-3 recipients can bring immediate family members with them. A legal spouse of a skilled worker or professional will have access to an E34 visa, whereas the spouse of an “other” worker type can seek admission under an EW-4 visa. Unmarried children under 21 years old will usually come under the E35 for skilled workers and professionals, or under the EW-5 visa for “other” worker types. Spouses have the opportunity to apply for an Employment Authorization Document while waiting for their permanent residency application process to go through. This provides spouses with the opportunity to work freely in the United States.

EB-3 Visa Timeline

Because the requirements for the EB-3 visa are lower, this program is more accessible to a diverse group of foreign national guest workers. As a result, the popularity of this program can mean longer waiting and processing times. Here’s a timeline of what to expect when petitioning under the EB-3 program:
  • 1-3 Months. The DOL calculates a wage determination based on the job position to be filled.
  • 2 Months. The advertisement and recruitment process will take about 30 days on each end.
  • 4-6 Months. The DOL will make a decision concerning the request for the labor certification via the PERM processing system.
  • 15 Days or 6 Months. The gap in this portion of the timeline can be explained by noting whether the I-140 Form will be processed with or without premium processing. Premium processing expedites this service to be done within 15 calendar days. Without premium processing, the USCIS will align the petition issuance with the current priority date. The wait time for your priority date varies depending on counselor or administrative processing and the applicant’s intended status within the U.S. Working with an immigration attorney can help demystify the overall process.
  • 4-6 Months. Last, the I-485 form will need to be processed. There is no way to expedite this service. Depending on the service center in charge of your case, the waiting period can exceed 6 months. 

With all of the steps involved, your EB-3 visa processing time can take from a year and a half to three years to complete. If you are adjusting your status from another temporary or nonimmigrant visa program and currently reside in the U.S. then you will be able to bypass the I-485 process. Petitioners who do not currently reside in the U.S. will need to go through consular processing. This will require setting up an appointment with a U.S. consulate or embassy. At the appointment, an interview will be conducted to determine the legitimacy of your case. The consulate representative will ask questions to establish that you are who you say you are and that your intent to live permanently in the U.S. under EB-3 status is above board.

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