How it works

Stage 1: Getting Employer Sponsorship and Labor Certification (PERM) (8-12 months)*

1. Job Offer and Recruitment Preparation

   • The U.S. employer identifies a need to hire a foreign worker for a position that cannot be filled by a U.S. worker.

   • The employer defines the job requirements and obtains a prevailing wage determination from the U.S. Department of Labor (DOL). This ensures the offered wage meets industry standards in the area of employment.

2. Recruitment Process

   • The employer must conduct a recruitment process to prove there are no qualified U.S. workers available for the job. This involves posting the job in various locations (newspapers, job boards, etc.) and interviewing any U.S. applicants.

   • If no suitable U.S. candidates are found, the employer can move forward with the PERM application.

3. Filing the PERM Labor Certification Application

   • The employer files the PERM (Program Electronic Review Management) labor certification with the DOL. The DOL will review the recruitment efforts and determine if the employer can hire a foreign worker.

   • DOL Processing Time: 6-8 months (on average). If selected for an audit, this step could take an additional 6 months or longer.

Stage 2: Immigrant Petition (Form I-140)

4. Filing Form I-140, Immigrant Petition for Alien Worker (6-12 months)*

   • Once the PERM is approved, the employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS) to classify the foreign worker as eligible for an immigrant visa under the EB-3 category.

   • USCIS Processing Time: 6-12 months, depending on service center processing times.

   • Premium Processing (15 days): Employers can pay an additional fee for expedited processing, reducing the processing time to 15 calendar days.

Stage 3: Waiting for Priority Date to Become Current

5. Priority Date Waiting Period (Varies)*

   • The priority date is the date when the PERM application was filed. The foreign worker must wait for this date to become current according to the Visa Bulletin published monthly by the U.S. Department of State. The wait time depends on the applicant's country of origin and the demand for EB-3 visas.

   • Timeline: This waiting period can vary significantly. For some countries, it may take a few months, while for others, it could be several years.

Stage 4: Consular Processing or Adjustment of Status (Green Card Application)

6. Filing for Adjustment of Status (Form I-485) or Consular Processing (6-12 months)*

   • If in the U.S.: The foreign worker files Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS to adjust their status to that of a Green Card holder.

   • If Outside the U.S.: The worker undergoes consular processing by submitting Form DS-260 and attending an interview at a U.S. consulate or embassy in their home country.

   • Processing Time: 6-12 months. It includes biometrics, a medical examination, background checks, and an interview.

Stage 5: Green Card Approval and Issuance

7. Green Card Approval (1-2 months)*

   • If the application is approved, the applicant is issued an immigrant visa to enter the U.S. (if outside the U.S.) or receives the Green Card in the mail (if already in the U.S. through adjustment of status).

   • Timeline: 1-2 months after the interview or final review.

Summary Timeline:

• Stage 1: Employer Sponsorship and Labor Certification (PERM): 6-11 months (may extend if there is an audit)

• Stage 2: Immigrant Petition (Form I-140): 6-12 months (with optional 15-day premium processing)

• Stage 3: Priority Date Waiting Period: Varies significantly (months to years)

• Stage 4: Consular Processing or Adjustment of Status: 6-12 months

• Stage 5: Green Card Approval and Issuance: 1-2 months

Total Estimated Timeframe:

• Best Case Scenario: 1.5 to 2 years (if there is no significant backlog and premium processing is used).

• Worst Case Scenario: Several years (depending on country-specific visa backlogs and delays in various stages).

This timeline provides an overview of the process and stages involved in the EB-3 immigration and Green Card process. Timelines are subject to change based on individual cases and government processing times

*All the timelines mentioned above (for all the stages) are tentative may vary depending on the scenario or cases