EB-3 Visa Processing Times and Backlog

The EB-3 is an employment based green card visa. It is also referred to as the employment third preference visa.

Eligibility

The first requirement for applying for an EB-3 visa is that you must have a job offer from a US employer. Skilled workers, unskilled workers and professionals can apply for an EB-3 visa if they have a job offer from a US employer. Skilled workers must have at least two years of training or experience. Unskilled workers can apply for an EB-3 visa if the position offered to them by the US employer requires less than two years training or experience. Professionals must have a US bachelor's or foreign equivalent degree.

Processing       

The US employer must file the petition on Form I-140 Immigrant Petition for Alien Worker. Prior to submitting the application, the US employer must obtain a labor certification from the Department of Labor. Labor certification is required for all occupations except Schedule A occupations - professional nurses and physical therapists Persons of exceptional ability in the sciences or arts and university teachers also do not require labor certification. Once the USCIS approves the I-140 immigrant petition, the alien worker can apply for adjustment of status if he or she is already in the US or apply for consular processing at a US Embassy or Consulate abroad. However the alien worker must wait for his or her priority date to become current before applying for adjustment of status or consular processing.

The priority date is the date on which the Department of Labor receives the application for labor certification from the US employer. Also the number of EB-3 visas issued each year is limited - 28.6 percent of the 140,000 employment based immigrant visas issued each year plus any unused Employment First and Second Preference visas. So even if the I-140 immigrant petition is approved by the USCIS, you may have to wait for a few months and sometimes a year or more to get your EB-3 visa.

Time

The time taken for getting labor certification from the Department of Labor varies from state to state. States with a higher population of immigrant workers take longer to process the application for labor certification. It can take anywhere between two to nine months to process the labor certificate. The USCIS will also take up to three months to process the I-140 immigrant petition. You can request the USCIS for premium processing. Your US employer must pay an additional fee of $1000 for premium processing. In case of premium processing, the USCIS will process the petition within 15 days.

Getting legal help

The processing time for an EB-3 visa can vary based on many factors. Consult with an experienced US immigration attorney know more about EB-3 visa processing times and backlog.