EB3 Processing Time: Explained Step-by-Step

Reviewed by: Hany Brollesy, esq

Introduction

The EB-3 visa allows a U.S. company to sponsor a foreign worker for a green card. Through the EB-3 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. How long does it take to complete the EB-3 process? The total timeline varies significantly. It may include the prevailing wage and recruitment stages, PERM adjudication, Form I-140 processing, a wait for an immigrant visa number, and adjustment of status or consular processing. Applicants from oversubscribed chargeability areas may face substantial additional waits. Check current DOL processing data, USCIS processing times, and the Department of State Visa Bulletin for the latest information.

EB-3 Visa Overview

The EB-3 visa is a powerful option for professionals, skilled workers, and unskilled workers hoping to get permanent residency in the United States. Through the EB-3 visa, a U.S. company can sponsor a foreign worker for a green card through a full-time job offer. In order to sponsor a foreign worker, the U.S. company must first try to hire a qualified U.S. worker. Only after the U.S. company has attempted and failed to recruit a qualified US worker can they sponsor a foreign worker. The EB-3 category generally receives 28.6% of the worldwide employment-based preference level, plus any numbers not required by the EB-1 and EB-2 categories. The Other Workers subcategory is separately limited by statute. Employment-based immigrant visas are also subject to statutory per-country limits, which can contribute to longer waits for applicants chargeable to countries with high demand, including India and China.

Is the EB-3 visa easy to get?

The EB-3 visa can be a strong option for many applicants, but it is not necessarily easy. It requires employer sponsorship, a certified labor market test through PERM, and USCIS approval. The ease depends on your qualifications, the employer’s ability to sponsor you, and your country of origin.

EB-3 Processing Time at a Glance

Note: These are general estimates, and applicants should set realistic expectations because wait time can vary based on USCIS workload, backlogs, and individual case circumstances. Verify current times at the USCIS processing times page and priority dates at the Department of State Visa Bulletin.

EB-3 Visa Process

There are 4 main steps in the EB-3 visa process, and because the EB-3 is an employment-based visa, each stage directly affects the overall processing time for this visa category.

Step 1: Prevailing Wage, Recruitment, and PERM Labor Certification (Timing Varies)

The first step in the EB-3 visa process is for the U.S. employer to get an approved PERM labor certification, which is the employer’s permanent employment certification step and the foreign labor certification process handled through the Department of Labor before the case can move forward. Before a U.S. employer may sponsor a foreign worker, they must test the labor market and show there are no qualified American workers available for the role. It is only after they try and fail to hire a U.S. worker that the 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. The process generally starts with a prevailing wage determination from the Department of Labor, which identifies the wage that must be offered for the position under the applicable rules. After the prevailing wage is issued, the employer completes the required recruitment and observes the applicable waiting periods before filing PERM. Recruitment requirements differ for professional and nonprofessional occupations. Positions requiring less than two years of training or experience generally fall within the EB-3 Other Workers subcategory. PERM processing times change regularly. As of July 2026, DOL reported that analyst review was working on cases filed in July 2025 and that the average analyst-review determination completed in June 2026 took 403 calendar days. Audit review and reconsideration can take additional time. Because these figures change, applicants should check DOL’s current processing-times page rather than rely on a fixed estimate. For a PERM-based EB-3 case, the priority date is generally the date DOL accepts the labor certification application for processing. For official guidance on the PERM process, see the Department of Labor FLAG system.  

Step 2: Form I-140 Immigrant Petition (6 to 9 Months Standard Processing Time; 15 Days Premium Processing Available)

Once the PERM labor certification is approved, the next step is for the employer to submit Form I-140 to USCIS, as is done in many employment based cases on behalf of foreign nationals. USCIS may route or adjudicate the petition through a USCIS service center, which can affect posted timelines and case handling. The Form I-140 is the immigrant petition filed by the U.S. employer on behalf of the alien worker. USCIS also reviews whether the employer can demonstrate ability to pay the offered wage, often through financial statements or audited financial statements, which can help avoid an RFE. For EB-3 professionals, the petition generally must show a bachelor’s degree or foreign equivalent and must also align with the position’s stated job requirements, since that is the standard for professional workers. By contrast, exceptional ability is associated with EB-2 rather than the EB-3 standard discussed here. Standard Form I-140 processing times vary by USCIS workload and filing location. For eligible EB3 petitions, the employer may request premium processing. USCIS generally takes adjudicative action within 15 business days, but that action may be an approval, denial, Request for Evidence, or notice of intent to deny. Premium processing does not guarantee approval.  

How much does the EB-3 process cost?

Costs may include employer-paid PERM recruitment expenses, the Form I-140 filing fee, the separate Asylum Program Fee that applies to many Form I-140 petitioners, and an optional premium processing fee of $2,965 for requests postmarked on or after March 1, 2026. The final stage may also involve Form I-485 filing fees or Department of State immigrant visa fees; the employment-based immigrant visa application processing fee is currently $345 per person. Fees and exemptions can change, so verify all amounts using the current USCIS Fee Schedule and Department of State fee page before filing.  

Step 3: Wait for Your Priority Date to Become Current (0 to 10+ Years)

For a PERM-based EB-3 case, the priority date is generally the date the Department of Labor accepted the labor certification application for processing. Visa availability is controlled by the Department of State’s monthly Visa Bulletin. For adjustment of status, USCIS separately announces which Visa Bulletin chart applicants must use for that month. For some countries, there is little to no backlog and applicants may proceed quickly, though this is often the biggest wait time in the process. For applicants chargeable to countries with high demand, including India and China, the visa-number wait can be substantial. Visa Bulletin movement is not linear, so the remaining wait cannot be predicted reliably from the cutoff date alone. The EB-3 Other Workers subcategory, covering qualifying jobs requiring less than two years of training or experience, has a separate numerical limit and may have different cutoff dates. You can check current priority dates at the Department of State Visa Bulletin.  

Step 4: Consular Processing or Adjustment of Status (About 9 Months)

Once the Form I-140 is approved and your EB-3 priority date is current, the next step is the final green card stage: applying for an immigrant visa or adjustment of status, with green card approval coming last after visa availability and petition approval. However, visa availability affects the adjustment-of-status timeline and when you can obtain permanent residence.  

Apply for Immigrant Visa (Outside the U.S.)

If you are processing from outside the United States, you generally complete Form DS-260 and the National Visa Center document process before an interview at the U.S. embassy or consulate assigned to the case. A spouse and unmarried children under 21 may qualify as derivative beneficiaries without separate Form I-140 petitions. After the interview, the consular officer may issue the visa, request additional documents, place the case in administrative processing, or refuse the application under the applicable law. Timing varies by visa availability, NVC processing, post scheduling, and case-specific review.  

Apply for Adjustment of Status (Inside the U.S.)

If you are physically present in the United States and otherwise eligible for adjustment of status, you may be able to file Form I-485 when USCIS permits filing based on visa availability. Eligibility depends on the applicable adjustment requirements, including the person’s immigration history and any relevant bars or exceptions. The offered EB-3 position must be permanent and full time rather than temporary or seasonal. Processing time varies by USCIS office, workload, and case-specific issues. Eligible adjustment applicants may separately apply for employment authorization and advance parole. Processing times vary, the applications may be adjudicated separately, and filing does not guarantee approval by a particular date. Applicants should check current USCIS processing times before making employment or travel plans. Certain Schedule A occupations, such as physical therapists, may avoid the standard PERM recruitment process and move more quickly to the filing stages.  

Concurrent Filing

If a visa number is available under the chart USCIS designates for employment-based adjustment filings for that month, and the applicant is otherwise eligible, Form I-485 may be filed concurrently with Form I-140. Concurrent filing may allow the adjustment application to begin processing earlier, but it does not guarantee faster final approval.

Frequently Asked Questions

• Q: How long does the EB-3 process take?

  A: There is no single timeline for every EB-3 case. The process may include a prevailing wage determination, recruitment, PERM adjudication, Form I-140 processing, a visa-number wait, and adjustment of status or consular processing. Current DOL, USCIS, and Visa Bulletin data should be checked because each stage changes independently.

• Q: What is usually the longest part of the EB-3 process?

  A: It depends on the case. PERM processing and the priority-date wait can each be lengthy, and applicants chargeable to oversubscribed countries may face substantial Visa Bulletin backlogs.

• Q: When is an EB-3 priority date established?

  A: For a PERM-based EB-3 case, the priority date is generally the date DOL accepts the labor certification application for processing. Certain cases that do not require labor certification use a different priority-date rule.

• Q: Can premium processing speed up an EB-3 case?

  A: Premium processing can speed up the Form I-140 stage for eligible EB-3 petitions. USCIS generally takes adjudicative action within 15 business days, but premium processing does not speed up PERM, make a priority date current, accelerate consular scheduling, or guarantee approval.

• Q: Can Form I-140 and Form I-485 be filed together?

  A: They may be filed concurrently when USCIS permits filing under the applicable Visa Bulletin chart and the applicant is otherwise eligible. Concurrent filing can begin the adjustment stage earlier, but it does not guarantee faster final approval.

• Q: How much does the EB-3 process cost?

  A: Costs vary by filing stage and may include PERM recruitment expenses, Form I-140 fees, the Asylum Program Fee, optional premium processing, Form I-485 fees, or Department of State immigrant visa fees. Employers must pay certain PERM-related costs, and all government fees should be verified immediately before filing.

• Q: Does an approved Form I-140 mean the green card is approved?

  A: No. Form I-140 approval confirms the immigrant petition, but the worker must still have an immigrant visa number available and complete adjustment of status or consular processing. Admissibility and other final-stage requirements still apply.

• Q: Can an EB-3 worker change employers while the case is pending?

  A: Changing employers can affect the case because the petition is generally based on a permanent job offer from the sponsoring employer. In some adjustment cases, job portability may be available after the Form I-485 has been pending for the required period and the new job is in the same or a similar occupational classification. Eligibility depends on the facts and should be reviewed before a change is made.

Conclusion

The EB-3 visa is a third-preference employment-based visa for professionals, skilled workers, and other workers hoping to get permanent residency in the United States. Here is a quick recap of the EB-3 processing time at each step:

1. Prevailing wage, recruitment, and PERM: Timing varies; check current DOL processing data.
2. Form I-140: Standard processing varies; eligible petitions may request premium processing for adjudicative action within 15 business days.
3. Priority date wait: Depends on the monthly Visa Bulletin and country of chargeability.
4. Adjustment of status or consular processing: Varies by agency workload, location, visa availability, and case-specific review.

Because each stage can change independently, there is no single reliable EB-3 processing-time average. Applicants should review current DOL, USCIS, and Department of State information for the most accurate estimate.

Related Resources

If you are navigating the EB-3 process or exploring related immigration topics, the following resources from Ashoori Law may be helpful:

EB-3 and EB2 Resources:

• EB-3 Priority Date
• EB2 vs EB-3: Which Is Right for You?
• EB2 Processing Time
• EB2 Visa Requirements

PERM and Employer-Sponsored Green Cards:

• PERM Labor Certification Guide
• PERM Processing Time
• How to Get an Employer Sponsored Visa

Service Pages:

• Employer-Sponsored Green Card
• PERM Labor Certification
• EB-3 Visa Service Page
• Schedule a Consultation