EB3 Priority Date: What You Need to Know
Overview:
- What is the EB3 Visa?
- What is a Priority Date?
- I-140s
- Checking Your Priority Date: Visa Bulletin
- Changing Categories
- Predictions for Priority Dates
What is the EB3 Visa?
An EB3 visa is an employment-based visa for professionals, skilled workers, and unskilled workers. To qualify, you must have a permanent job where there are no qualified American workers who could perform the job. Professionals are required to have at least a bachelor’s degree. Experience cannot be used to replace a bachelor’s degree (Ex. experience evaluations). Skilled workers must have at least two years of experience or job training. Unskilled workers are those who have less than two years of experience and job training.
Expect Longer Wait Times
Compared to the other types of employment-based visas, EB3 requirements are more relaxed. This, however, makes for longer wait times to get a green card in this category because more people qualify for it. Individuals from countries like India and China can expect wait times for over 10 years while others can expect wait times around 3 years.
What is a Priority Date?
A priority date is your place in line to get a green card and it depends on your country and category type. Priority dates are given for EB3s after filing a PERM labor certification. This should not be confused with a labor certification application for H-1Bs. The process is entirely different. The PERM process is the first step to receiving your green card via the EB3 process and is initiated by your employer.
The Process
The PERM labor certification is a process in place to protect both American workers and immigrant workers. It ensures that there are no qualified American workers who can do the job and ensures that the immigrant worker is fairly paid for the job compared to American workers who are in similar job positions.
This process will mostly be done with your employer and your attorney. A detailed guide to the entire process is available here. Your employer and your attorney will confirm your job description, complete your prevailing wage information, and certify in a recruiting process that there are no qualified American workers for the job. Once the recruiting process is completed and all the requirements are met, your attorney will file Form ETA-9089, which is the application for the PERM labor certification. The date that the PERM labor certification is filed and received by the U.S Department of Labor is your priority date.
I-140
Once the PERM labor certification is filed and approved, it should be included to complete your I-140. This is the last step of the PERM process. The entire PERM process can take up to a year, though most will be completed before 8 months. Here are the current processing times for PERMs. The process can be slowed or expedited depending on various factors, like audits and premium processing. At any point of the PERM process, after filing the ETA-9089 form, you can check the status of the PERM by contacting the USCIS service center or dropbox where your petition was filed. If you have a receipt, you may use the receipt number to check on the status of the application through the USCIS Case Status tool.
Importance of I-140s
If you are in H-1B status, your I-140 is required to renew your H-1B status after 6 years in H-1B, or if you are trying to renew beyond the 6 years. This is particularly important to foreign nationals who are Indian or Chinese, as their waiting times to reach their priority dates are extremely long.
Ownership of I-140s
Immigrants must remember that they do not have ownership of the I-140. An employer can revoke the I-140 by choosing to withdraw the petition. USCIS will immediately revoke the I-140 if the employer withdraws the petition within 180 days of approval. If it is after 180 days of filing, USCIS will not immediately revoke the I-140 based on the petitioner’s request. An employer can also choose not to share a copy of the I-140 with the immigrant that the I-140 corresponds to. In that case, where the employer either withdraws the I-140 or does not wish to share a copy, it is possible to request it through the Freedom of Information Act. USCIS will have a copy of your I-140 and the record of your priority date.
Checking Your Priority Date: Visa Bulletin
Once you have received a priority date, it is important to look at the visa bulletin to check how close you are to being eligible to file for your green card application, i.e. your I-485 application. Here is the link to the current visa bulletin website. For EB3s, scroll down to “Employment Based Preferences” and find the final action dates table. A final action date is the date when green card numbers are available to be issued for the corresponding country and category.
Reading the Visa Bulletin
On the left side of the chart is the category of statuses. The top indicates applicable countries that correspond with the category type. “C” indicates that the priority date for that country is current. Current means that there are green cards available for that applicable country and category. As a result, an immigrant that meets that criteria can apply for their Form I-485 adjustment of status immediately. The dates on the next chart, titled “Dates for Filing of Employment-Based Visa Applications” refers to application dates, which is not the same as priority dates. Any priority dates that are earlier than the final action dates in the corresponding country and category can file for adjustment of status to receive their green card immediately. Final action dates and application dates change monthly and can push the dates backward or forwards. It is important to regularly check the visa bulletin to see any changes that might allow you to file for your green card.
Changing Categories: Porting to EB2
In some cases, because there are longer wait times for EB3s, it is possible to change categories to EB2. This is called porting. It is highly recommended that you talk with your employer and attorney before doing this. You will need to meet the requirements for the category you are seeking to change into. Here is the link to a guide that explains the differences between EB2 and EB3. Here is the link to the EB2 visa to green card guide to understand what the requirements are for EB2.
Predictions for Priority Dates- US Department of State: Consular Affairs
The Department of State’s Chief of Visa Control and Reporting Division, Charlie Oppenheimer. in a Q&A session has answered some questions about the upcoming changes to the visa bulletin that should be expected in the coming days for EB3s. He has stated it is unlikely that any employment-based category final action dates will be moved backward for either FY2021 or FY2022. In contrast, Mr. Oppenheimer stated that most categories that are not current, including EB3, will move the final action dates forward quickly around 3-8 months at a time. The fiscal year starts in October every year.
Feel free to contact us at Michael@AshooriLaw.com in regards to any questions you have.
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Posted in Immigration Guides, EB3 Visa
neelam amin
03:26 21 Mar 23
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14:32 27 Jan 23
Please help me I am from Ethiopia thanks
AN
15:17 26 Jan 23
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Escheyder Acosta
20:05 23 Jan 23
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00:21 23 Jan 23
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19:14 19 Jan 23
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20:13 14 Jan 23
We just had an E-2 approval from the U.S. consulate Islamabad Pakistan.We found this firm on the internet. When I read on their web page that they specialized in E2 visas, I send an email to Attorney Michael Ashoori for initial consulting. After a... brief phone conversation I was satisfiedThere is quite a lot of paper work involved and documents to be supplied. Our Attorney was Lahaina. She and her whole team prepared our case very efficiently.The best thing about this firm is they have friendly and helpful paralegals. And they have online portal where you can check your status anytime. Plus the whole team is available 24/7!We would definitely recommend using Ashoori lawread more
Phongmanas S
19:25 12 Jan 23
Thank you so much everyone for your help. My O1 visa approved because of all your help and guidance and carefully looking on my evidence to submit with USCIS.This is a very good news of my life. It's proved that all my past work has qualify the... ability of myself to work in US.Thank you to all of you and Ashoori law team from the first day that we have talked so far.Regards,Tanread more
Lords Child 777
00:14 12 Jan 23
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16:04 10 Jan 23
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05:06 09 Jan 23
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Mathew Emanuele
23:51 26 Dec 22
My wife and I used Ashoori Law Services for our E2 Visa Application and were very happy with their work. Michael's team was very professional and the entire process was incredibly efficient. We loved how they had an online portal set up to receive... all the necessary documents they required. It simplified the process and cut out any guesswork. We followed their direction step by step and if there were any questions they were answered quickly. Elaine did a fantastic job putting our business plan together and Rebecca was our lawyer, who was highly attentive. We would definitely recommend using Ashoori law!read more
Syeda Nikhat Fatima Jafri
16:29 20 Dec 22
Ashoori law worked really fast. I’ve already had received my green card in an year of submission. They made the process very easy and gave us confidence that things will be done correctly. And they also kept us up to date with email and the online... tracking along the way.Thanks to Michael,Milena Manukyan and Carlito Romero (an ex worker) in the firm.read more
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21:42 14 Dec 22
it's a pleasure working with them Matthew in particular has been very supportive and available during the process
Sofiane Chtioui
14:54 14 Dec 22
I strongly recommend AshooriLaw for all your US immigration needs!I am from Canada and AshooriLaw was instrumental in helping me and my wife in obtaining our E2 visa. From the first discovery call to preparing for the visa interview in the Toronto... US consulate, the AshooriLaw team provided valuable guidance and outstanding support all along and made sure we submit a strong application that was approved with hardly any questions!Prior to starting the process, I talked to a couple of immigration attorneys and read about some bad experiences which made me worry about the kind of service I will get. Now let me tell you that the immigration attorney makes all the difference and choosing the right one will be key to the success of your endeavor!I had a very positive experience with AshooriLaw from the start and was impressed by the professionalism, the well organized workflow and the timely and friendly interaction. On top of that, I paid reasonable fees compared to other firms out there! I will definitely call AshooriLaw for any future US immigration needs and I recommend you give them a try!Thank you Lahaina, Christina, Rohit, Elaine, Melissa and Michael for your service!read more
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09:12 14 Dec 22
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Eyad Alfawaeer
06:13 14 Dec 22
Attorney Lahaina and her legal assistant Christina as well as all Ashoori Law team are really awesome, they helped me in a very professional manner with a very quick and positive outcome, Highly recommend.You will be in very good hands. They were... responsive, knowledgable, helpful, and truly cared about helping me in renew my E2 visa.read more
Linda Bradley
04:04 14 Dec 22
Very happy with your services 🙏🏻🙏🏻🙏🏻Very good at their work and they explain very well so that you have patience in the waiting processes
Leva Eghbali
20:50 06 Dec 22
Ashoori Law helped get us an E2 visa. They were a dream to work with. They had a whole team who would take care of various aspects of our application and guided us every step of the way. We were on a time crunch and they got everything done on time... for us despite the rush and were so kind and patient through it all. We are so happy we found a great firm to continue working with in the future and can be sure of a great outcome and complete professionalism.read more
Molly Hagman
05:29 24 Nov 22
Ashoori Law helped me with the renewal of my O1-visa and the whole process was taken care of in an exceptional way. Everything from the onboarding consultation call to the process of collecting all documents, writing the petition, and sending in,... all taken care of in a timely manner. I will definitely recommend Ashoori Law and come back for future representation.read more
Anatolii Makarov
03:38 24 Nov 22
Hi, few day ago I got approve for my EB2 NIW case. I want to say big thanks to Ashoori Law firm, especially Michael and Christina. All steps was clear and they took care all of my questions and concerns. They did all work highly professional and now... I see all decisions was made right and by the time. I really appreciate for your work from first call to approval.read more
Glen Robinson
02:08 23 Nov 22
Fast and efficient lawyer
akbar pirani
15:22 22 Nov 22
The most genuine people out there ! I was super impressed with thier honesty .Special thanks to Ms Lindsey ..We need people like you in this world !Best wishes to Ashoori Law.
Sam Bourgi
00:58 22 Nov 22
I discovered Ashoori Law after doing research on U.S. visa and immigration programs for Canadians. I came across Michael Ashoori’s YouTube channel, which, in retrospect, has the best explainer videos for U.S. immigration on the internet. After... watching his videos for a few weeks, I set up a consultation with Ashoori Law and was immediately connected with attorneys Ehsan Mehri and Lorianne Cercenia.I came into this fairly knowledgeable about the U.S. immigration system and what program I wanted to pursue. After reviewing my situation during the initial consultation phase, Ehsan explained what programs I’m eligible for as a Canadian. Lorianne was assigned my case and got to know my unique situation. She then recommended a visa option I had no clue existed – and it saved me a lot of time, money and headaches.Over the next few months, Lorianne collected my documents, prepared my application and helped me build a strong case for my visa. She was always extremely responsive and knowledgeable about the immigration system. When I attended my interview at the U.S. consulate, my application was quickly approved. That’s because I was prepared for everything, and my supporting documentation was iron-clad.I can’t speak highly enough about Ashoori Law. They took the time to get to know me and gave me a solution that matches my current set of circumstances. Their customer service is unmatched, and their knowledge of the immigration system is top-notch. I was reassured from the very beginning that my application was in good hands.Overall, I’m extremely satisfied with the whole process. I got exactly what I wanted. I’ll be working with Ashoori Law for all my immigration needs moving forward. Thank you, Lorianne and team!read more
Oubai Al Hendi
18:34 20 Nov 22
Ashoori Law had helped me with my O1 application. I cannot thank Michael, Jonathan and Ehsan enough for their real and genuine advisory and assistance all the way from the first contact till approval. The approval that I could have in a record time... of 2 days after submission due to my profile and their work to show it in the right way to the officer. I highly recommend them for O1 tech startups applicants.read more
leena Alhelo
01:51 15 Nov 22
Great to work with! They explain everything in detail and made the process very easy and fast. highly recommended
Kay Qiao
20:27 08 Nov 22
Very efficient, very professional, very responsive. Can't be more appreciated with their dedicated team work. Thank you so much!!
Shane Teelucksingh
19:26 07 Nov 22
Researched quite a bit before eventually selecting Ashoori Law as my attorney partners and I'm happy that I did . They are responsive, helpful and guide you through the entire process. I had many questions, and they had the answers and all... challenges were quickly addressed. Lahaina led my particular journey and provided quick feedback all along the way. They have a competent team and their portal makes submitting documentation really simple while allowing you to review where you are in the process, which I personally found extremely useful. A very good blend of technology and proficiency. Would definitely recommend.read more
Shamzil Ramiz
07:57 07 Nov 22
Excellent response..
Sanket Shah
00:29 04 Nov 22
Ashoori law is a Fantastic law firm, They are very Professional and Knowledgeable specially Attorney : Lahaina Araneta. As soon as I signed on they got to work right away to start gethering all Details. Anytime I had questions Lahaina Araneta is... ready to give me quick Answer. I felt our case was in good hands. The team is very responsive and knowledgeable, and they work hard to keep up to date with all the latest changes in immigration law.Definitely we will use them Service again in Future.Highly recommend.read more
Krishna Mukkera
23:30 31 Oct 22
Provided excellent support/guidance on the I-90 renewal application. Strongly recommend them.
Fari Hamid
10:03 29 Oct 22
My family and I hired Ashore Law to consult with, and to handle our immigration case whilst our migration from Pakistan to the USA. Ashore Law proved to be completely professional, functional and delivered services without any problems or... complications arising throughout our process. Their staff is indeed highly trained, extremely courteous and thoroughly professional. Ashore Law represented our case, on our behalf, and they delivered what they promised. Our applications for US immigration (E2) made through Ashore Law were handled very well throughout the process, and my family and I faced no difficulties whatsoever. I would definitely highly recommend Ashore Law for E2 consultancy services any day!read more
Copier clearance center
22:04 28 Oct 22
Michael Ashoori from the Ashoori Law firm has changed our family's life! We were here in the USA on a E2 non immigration Visa and thought we would be stuck with the E2 visa with no chance of immigration! When we contacted Michael and told him our... situation, he listened and started a game plan for us right away with an EB5 immigration Visa, Today we checked USCIS website for case update and we were thrilled when we saw our case approval notice. WOW LIFE CHANGING!!! We definitely recommend Ashoori Law firm for all your immigration services.read more
Kalubi Fwanyanga
19:44 28 Oct 22
I retained Michael and team to help ease the process of filing and also just guide us so we do don’t experience any hurdles and sure enough, when submitting the paperwork, me and hubby forgot to append our signatures on one of the forms and Michael... and team immediately noticed before the forms were sent, the process went as smooth as it can be and guess what, after 3 months submitting the documents to uscis, I received my work permit and SSC and after 10 months into the processing period, we received my parole approve notice and a date for our interview appointment! To add a cherry to the cake, the team has availed itself for any questions and guidance to thoroughly prepare us for the interview! What higher manner of professionalism can be exhibited above this! The team is fully engaged and we are grateful.read more
Aidana Ibraeva
17:07 27 Oct 22
I don’t often write reviews, but in this case I just don’t want to miss the opportunity to write about these people who are really professionals and know their business very well.If you’re still doubting whether or not you should choose them, I... can assure you that you won’t be left disappointed.read more
SangJo Kang
22:57 26 Oct 22
Me and my wife applied for green card through Ashoori Law last December and our case were approved this October. I was in J-1 visa and applied NIW case. They really helped us out from the beginning, especially helping me writing the recommendation... letters. It seemed like their law firm had a lot of people who were very experienced and they answered all the questions that I had. They even had a backup strategy for me if my case was not approved after my visa was expired. I really appreciate all their hard work and kindness and I highly recommend others if they are seeking immigration to the US. I would definitely contact them when I need help for my immigration status.read more
alinafe joshua
18:38 26 Oct 22
Thank you so much! I can't tell you how much I appreciate the amazing legal work you did on my behalf. You and your team are so understanding, helpful and fast in doing things I recommend anyone who needs help to not hesitate but to contact you ASAP.
arshad mohammed
07:50 25 Oct 22
I am very happy and pleased to be writing this review. I came to know about Ashoori Law Firm through you tube videos and decided they are the best firm for my L1A petition, they proved my belief to be 100 percent right and got approval for my case... within five months on the first go. I thank the wonderful team who were very helpful and courteous during the entire process and helped me and answered all my queries promptly. I will be suggesting the firm to many of my friends who are willing to immigrate to The United states.read more
K and G Murphy
23:20 21 Oct 22
They were very patient in waiting for us to get everything we needed and made the process fast and easy. We didn’t even have to do an interview. My wife has a 10 year residency card and right to work. Thank you
Mike Latreille
19:49 20 Oct 22
Ashoori Law was the best choice I could have made for my immigrating from Canada to the US .. their legal team has been easy to work with …super efficient and very professional and always there when I needed guidance or direction..I am greatful for... there team and would highly recommend them to anyone looking for an immigration firm to represent them on their journey . A very special thanks to Michael Ashoori, Mathew Larsen and Jeser Romero.. for there attention to detail and impeccable professionalism .. Thanks again Michaelread more
Abdul Salman
17:59 19 Oct 22
Received EAD today. Ashoori have professional attorneys, they are very helpful and filing fees are affordable . Definitely recommend my family and friends. Hopefully I receive my Green card soon.
Sean Machii
05:23 19 Oct 22
Thank you for helping me to get the E2 visa. Ashoori Law team is professional and explain everything I need to know in detail. Highly recommend this law firm for E2 visa.
Eric Askerov
17:18 14 Oct 22
Ashoori Law is a law firm you can trust and be sure they won’t leave you alone with your problems. I’ve been working with a few other lawyers before, but they all are working with you only because of money and don’t really care about you and your... situation.I contacted Ashoori Law’s team with an urgent situation and they were able to take my case, get everything done super smooth and fast. Ashoori Law’s team is reliable, professional and easy to work with. They take care of everything, all you need to do is cooperate and provide necessary papers on time.I highly recommend the firm and specially Shruti, who was working on my case. Only 5 star!read more
Genx Solutions LLC
21:55 13 Oct 22
They handled my E2 process professionally. Collecting all the necessary documents were done systemically. I'm fully satisfied with the service. Michael review the file personally and answer any questions come up. Would recommend Ashoori Law office... with no doubt.read more
Frida Davidsson Art
19:39 13 Oct 22
I’m very happy I choose Ashoori law! They have been so helpful and very quick with responding! Whenever I have questions they really take their time to explain, and my case has been processed quicker expected! Everything has been going very smooth... without any issues. I strongly suggest Ashoori Law!read more
Hiitokiri
00:13 12 Oct 22
Milena she will take care of you in your case of the Mater. Experience and excellent service she explained everything in to easy detail...I give her 💯 top notch service if you have any questions she respond back fast efficient...quick and... easy process....and make it easy for you to process your paper work....thank you so much Milena OUSTANDING Work!!! Thanks Ashoori Lawread more
Guru
19:36 11 Oct 22
Excellent service extended by Lorianne & team @ Ashoori Law. Kudos.
Brian Tetreault
02:37 06 Oct 22
Fantastic experience with Ashoori Law. Michael and his team were methodical in their handling of our E2 case. Communication with the firm was excellent and all queries were responded to in a timely manner. I would highly recommend Ashoori Law.
Karen Brizuela
01:04 06 Oct 22
Michael and team thankyou very much!! Right and professional answers. you guys did the the job as we agree.. and we did get our E2 visa status.Abe Brizuela.
Winston Stewart
13:50 27 Sep 22
ashoori law took my case in April 2021. They made sure that everything was done correctly before fileing. upon receipt of the case we awaited uscis decision. our petition was approved august 2022. during this time period ashoori law was always... available for my concerns or questions. therefore without reservation I recommend ashoori law to anyone seeking professional legal services in the immigration field.read more
Allen Gibbons
20:02 24 Sep 22
They were informative and very professional. Got the case done smoothly and on time. I would highly recommend Ashoori Law Firm.
Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.