EB-3 Processing Time in 2026: Stage-by-Stage Timeline From PERM to Green Card

EB-3 processing time is the sum of six stages, five of them government queues and one (recruitment) run by the employer, and as of November 5, 2026, the U.S. Department of Labor (DOL) stages plus recruitment add up to more than a year before your employer can file Form I-140: a prevailing wage queue working on requests filed in June 2026, a recruitment period that must end more than 30 days before the PERM is filed, and an average of 300 days for a PERM decision in analyst review. After that, USCIS reported completing 80% of EB-3 skilled worker and professional Form I-140 petitions within 4 months, then you wait until your priority date is earlier than the cutoff date listed for your country in the Visa Bulletin, and finish with Adjustment of Status (Form I-485) or consular processing.

For applicants chargeable to India, the Visa Bulletin wait can be the longest part of the case by a wide margin: in the November 2026 bulletin, the EB-3 skilled worker and professional Final Action Date is June 15, 2024 for the All Chargeability column but January 22, 2014 for India. Your country of chargeability (generally your country of birth) and your EB-3 subcategory decide that wait. Below, each stage of the EB-3 green card is covered with the figures each agency posted as of November 5, 2026, plus cutoff dates, government fees, 2026 developments, and the deadline interactions that send cases back a stage. Every figure is a snapshot, not a promise of how long your case will take.

What Is the EB-3 Processing Time in 2026?

There is no single EB-3 processing time that fits every case, because the case passes through DOL, USCIS and, for consular cases, the Department of State, and each agency posts its own timing. Add the stages below that apply to you, then the Visa Bulletin waits for your country and subcategory.

EB-3 processing time by stage (posted figures, November 5, 2026)

Stages 1 through 4 run one after another. Form I-140 and Form I-485 can overlap when a visa number is available under the chart USCIS designates for the month, and visa availability must exist again under the Final Action Dates chart before the I-485 can be approved.

How Long Does the Prevailing Wage Determination Take?

The prevailing wage stage takes several months at current DOL volumes. As of the September 30, 2026 FLAG update, the National Prevailing Wage Center was issuing determinations for PERM prevailing wage requests filed in June 2026, both for requests relying on OEWS wage data and for requests using other wage sources, with more than 15,000 PERM requests from July 2026 still pending.

The determination sets the minimum wage the employer must offer. DOL gives each determination a validity period of no less than 90 days and no more than one year from the date it is issued, and the employer must either file the PERM application or begin the recruitment required for the PERM within that validity period to rely on it (20 CFR 656.40(c)). If the employer lets the determination expire before doing either, it must request a new one and wait in the queue again.

If the employer disagrees with the wage, a request for redetermination adds time: as of September 30, 2026, DOL was working on PERM redetermination requests from July 2026. The employer can also start recruitment before the determination issues, but it does so at its own risk, because the advertised wage and the job requirements must match what the determination and the PERM form ultimately say.

How Long Does PERM Recruitment Take?

Under the regulation’s minimums, recruitment runs at least about two months from the start of the job order to the earliest PERM filing date: a 30-day job order, then more than 30 days of waiting before filing. It runs longer when the employer spaces out the steps.

For professional jobs, the employer must place a job order with the State Workforce Agency for 30 days and run two print advertisements on different Sundays. Those mandatory steps must take place more than 30 days, but no more than 180 days, before the PERM is filed (20 CFR 656.17(e)(1)(i)). The employer must also complete three additional recruitment steps chosen from the list in the regulation. At least two of the three must fall in the same more-than-30 to 180-day window; the third may take place within the 30 days before filing (20 CFR 656.17(e)(1)(ii)). The waiting period of more than 30 days is measured from the steps that must be completed before that window, not from the one additional step allowed in the final month, so U.S. workers have time to respond to the required recruitment before the employer files.

Nonprofessional jobs, which include many EB-3 Other Workers positions, require the job order and two Sunday advertisements in the same more-than-30 to 180-day window (20 CFR 656.17(e)(2)). The notice of filing has its own timing rule: the employer posts it at the worksite for 10 consecutive business days, and the posting must occur between 30 and 180 days before filing (20 CFR 656.10(d)).

The employer must pay for the recruitment and for the attorney fees connected to the labor certification; DOL rules prohibit the employer from seeking or receiving payment from the worker for any of those costs (20 CFR 656.12(b)). For the full sequence, see our PERM timeline post and the PERM labor certification page.

How Long Does PERM Labor Certification Take?

On DOL’s posted averages, PERM labor certification is the longest DOL stage. As of the October 31, 2026 FLAG update, DOL reported an average of 300 calendar days for PERM decisions issued in analyst review over the last 30 days, 315 days over the last 90 days, and 360 days over the last 180 days.

Cases selected for audit or supervised recruitment take longer, and DOL does not post averages for those queues. If DOL issues an audit notice, the employer has 30 days from the date of the notice to respond, and a failure to respond results in denial and can trigger supervised recruitment on future applications (20 CFR 656.20).

The PERM filing date matters for later stages: for a PERM-based EB-3 case, the priority date is the date DOL accepted the labor certification application for processing (8 CFR 204.5(d)). That date becomes a priority date only when the certified PERM supports an I-140, and it becomes a priority date the worker can keep for a later petition only when USCIS approves that I-140 (8 CFR 204.5(e)). A PERM that is denied or withdrawn does not create a priority date the worker can reuse.

Once DOL certifies the PERM, a new clock starts. The certification expires if the employer does not file it in support of a Form I-140 within 180 calendar days of the date DOL granted it (20 CFR 656.30(b)). If that deadline passes, that certification can no longer support an I-140, and the employer that still wants to sponsor the worker must start a new PERM, including a new prevailing wage determination and new recruitment. Our PERM processing time post looks at this stage in more depth.

How Long Does the EB-3 Form I-140 Take?

On the figures USCIS posted as of November 5, 2026, Form I-140 is the shortest EB-3 stage: 80% of EB-3 skilled worker and professional petitions (E31 and E32) at Service Center Operations were completed within 4 months, and 80% of Other Workers petitions (EW3) within 9 months. An individual petition that receives a Request for Evidence, a Notice of Intent to Deny or a transfer can take longer than those figures.

The employer can request premium processing with Form I-907 for all three EB-3 classifications. The fee is $2,965 for requests postmarked on or after March 1, 2026. USCIS then commits to taking adjudicative action within 15 business days of receiving the request. That action can be an approval, a denial, a Request for Evidence or a Notice of Intent to Deny, so premium processing speeds up the decision, not the outcome. When USCIS issues a Request for Evidence or Notice of Intent to Deny, the 15-business-day period stops, and a new 15-business-day period begins when USCIS receives the response.

USCIS reviews whether the employer had the ability to pay the offered wage from the priority date onward and continuing until the worker obtains permanent residence, using annual reports, federal tax returns or audited financial statements (8 CFR 204.5(g)(2)). A Request for Evidence on ability to pay, or on the worker’s qualifications, adds time at this stage.

One timing point matters for job changes later: once an I-140 has been approved for 180 days or more, a later withdrawal by the employer or termination of the employer’s business no longer automatically revokes the approval, and the worker generally keeps the priority date (8 CFR 205.1(a)(3)(iii)(C)-(D)). Revocation for fraud, willful misrepresentation, material error or an invalidated labor certification is treated differently.

How Long Is the EB-3 Visa Bulletin Wait?

The Visa Bulletin wait ranges from none to more than a decade, depending on your country of chargeability and EB-3 subcategory. Congress allocates EB-3 28.6% of the employment-based worldwide level plus numbers not used by EB-1 and EB-2, with no more than 10,000 visas a year for Other Workers (INA 203(b)(3)), and limits natives of any single country to 7% of the family and employment totals combined (INA 202(a)(2)). When demand exceeds those limits, the Department of State sets cutoff dates.

These are the EB-3 dates in the November 2026 Visa Bulletin, which apply from November 1 through November 30, 2026. The December 2026 bulletin had not been published when this post was checked on November 5, 2026.

Your case can move to the final stage only when your priority date is earlier than the date listed for your country and subcategory on the chart that applies. A cutoff years behind the bulletin month does not translate into a wait of that many years, because cutoff dates can advance, stall or move backward (retrogress). The All Chargeability EB-3 Final Action Date, for example, was September 1, 2024 in the September 2026 bulletin, retrogressed to May 15, 2024 in October 2026 at the start of fiscal year 2027, and recovered to June 15, 2024 in November 2026.

For country detail, see our posts on the EB-3 priority date for India, China and the Philippines, and our November 2026 Visa Bulletin summary. Our guide to the EB-2 priority date explains how the two charts and retrogression work.

Can a spouse’s country of birth shorten the wait?

Sometimes. If your spouse was born in a country with a more favorable cutoff and will immigrate with you as an accompanying or following-to-join derivative, you may be charged to the spouse’s country of birth instead of your own (INA 202(b)(2)). This cross-chargeability rule does not help if the spouse will not immigrate as your derivative, and it does not let you borrow a child’s country of birth.

How Long Does Adjustment of Status or Consular Processing Take?

As of November 5, 2026, the USCIS processing times tool displayed up to 9.5 months for 80% of employment-based Form I-485 cases for the field office selected when this post was checked. USCIS directs employment-based adjustment applicants to select their local field office, because EB-1, EB-2 and EB-3 adjustment applications are decided by field offices and the displayed time differs by office. USCIS also states that the figure reflects the time to complete 80% of cases adjudicated over the prior six months and excludes applications whose priority dates have retrogressed, because USCIS cannot approve those until a visa number is available again. USCIS can approve the I-485 only when your priority date is earlier than the Final Action Date in effect at the time of approval, even if you were allowed to file under the Dates for Filing chart.

Outside the United States, the approved I-140 goes to the National Visa Center, which collects the immigrant visa application (Form DS-260), fees and civil documents, and then schedules an interview at a U.S. embassy or consulate when a visa number is available. The time depends on how quickly the applicant completes the NVC stage, the post’s interview capacity, and any administrative processing after the interview. Your dependent spouse and unmarried children under 21 can apply for the same EB-3 classification as derivatives when accompanying or following to join you, without separate I-140 petitions (INA 203(d)); each derivative files their own I-485 or DS-260. For a derivative child near 21, note that both USCIS (for applications filed on or after August 15, 2025) and the Department of State determine visa availability for Child Status Protection Act purposes by the Final Action Dates chart, not the Dates for Filing chart; see the CSPA discussion below.

Can You File Form I-485 at the Same Time as the I-140?

Yes, if a visa number is immediately available under the chart USCIS has designated for the month and you are otherwise eligible to adjust. USCIS accepts an EB-3 Form I-485 filed together with or after the I-140 when approval of the petition would make a visa immediately available (8 CFR 245.2(a)(2)(i)(B)). For November 2026, the USCIS Adjustment of Status Filing Charts page states that applicants in all employment-based preference categories must use the Dates for Filing chart, so a priority date earlier than the Date for Filing for your country and subcategory satisfies the visa-availability requirement for filing this month. It does not establish the rest of your eligibility: you must still meet the requirements of INA 245, including lawful admission and the status rules discussed below, and USCIS cannot approve the application until the Final Action Date passes your priority date. USCIS makes the chart designation month by month, so a chart that is open in November can close in December.

Filing the I-485 lets you apply for an employment authorization document (Form I-765) and advance parole (Form I-131) while the application is pending, and it starts the 180-day period that matters for job portability. The posted 9.5-month figure does not apply to a case waiting on a retrogressed date.

Is EB-3 Other Workers Slower Than Skilled Worker EB-3?

Yes, on the November 2026 figures. Other Workers cover jobs requiring less than two years of training or experience (8 CFR 204.5(l)(2)), and its 10,000-visa annual cap makes its cutoff dates trail the skilled worker dates. For the All Chargeability column, the Other Workers Final Action Date was June 1, 2022, about two years behind the June 15, 2024 skilled worker date. For India, the two lines carry the same dates in November 2026 (January 22, 2014 Final Action; January 15, 2015 Date for Filing).

The I-140 stage also posted longer for Other Workers: 9 months for 80% of EW3 petitions versus 4 months for E31 and E32, as of November 5, 2026. Premium processing is available for EW3 at the same 15 business days.

What Does the EB-3 Process Cost in Government Fees?

Government fees for an EB-3 case start with the $715 Form I-140 fee and can run past $4,000 before the final stage once the Asylum Program Fee and premium processing are added. These amounts are the general paper-filing fees on the USCIS fee schedule (Form G-1055) and the Department of State fee page, checked on November 5, 2026. USCIS offers a reduced fee for some forms filed online; check Form G-1055 for whether your form and category qualify.

DOL’s cost rule covers the labor certification stage: the employer must pay the recruitment costs and its labor certification attorney fees and cannot seek or accept reimbursement from the worker (20 CFR 656.12(b)). That rule does not govern the USCIS stages. Who pays the Form I-140 filing fee, the Asylum Program Fee or the optional premium processing fee is not fixed by that regulation, and an attorney can confirm what applies to your arrangement. Fees change, so check the USCIS fee schedule and the Department of State fee page on the day you file.

What Changed in 2026 That Can Affect EB-3 Timing?

Several 2026 actions can add time for specific applicants, even though the EB-3 process itself did not change. Each is described by what the agency notice states, and each should be checked against the current agency page before you rely on it:

• Entry restrictions. Presidential Proclamation 10998, effective January 1, 2026, suspends the entry of nationals of 39 countries and holders of Palestinian Authority travel documents, fully for some countries and partially (by visa category) for others, subject to the exceptions and case-by-case waivers the proclamation lists. The Department of State notice on the proclamation states that covered applicants will not be issued visas unless an exception or waiver applies, so consular EB-3 cases for those nationals can be stopped or delayed even though the proclamation itself is a restriction on entry.
• Immigrant visa pause lifted. The Department of State paused immigrant visa issuance to nationals of 75 countries on January 21, 2026. The Department of State’s update states that, under a court order in CLINIC v. Rubio, the pause was no longer in effect as of August 21, 2026.
• USCIS holds enjoined. USCIS’s alert states that on August 24, 2026, a federal court in Red Eagle Law v. Edlow enjoined the USCIS policy memos that had placed pending benefit applications from nationals of the listed countries on hold, and that USCIS will adjudicate those cases in the normal course. Litigation can change this position; check the USCIS alert before relying on it.
• Proposed prevailing wage rule. DOL published a proposed rule on March 27, 2026 that would change how prevailing wage levels are set for PERM and several temporary visa programs (91 FR 15454). A proposed rule does not change the current wage methodology unless DOL issues a final rule and it takes effect; as of November 5, 2026, this post found no final rule published.
• Employer-specific PERM suspensions. DOL may suspend processing of PERM applications involving an employer that is under investigation for possible fraud or willful misrepresentation, or that is the subject of a criminal indictment or information (20 CFR 656.31(b)). Our post on the DOL PERM suspension explains what this means for pending cases.
• Premium processing fee. The Form I-907 fee for EB-3 I-140 petitions is $2,965 for requests postmarked on or after March 1, 2026, under the DHS final rule adjusting premium processing fees.

What Can Shorten or Lengthen Your EB-3 Timeline?

The following can add months or years to an EB-3 timeline, or remove them:

• Country of chargeability. An applicant chargeable to India faces a January 22, 2014 Final Action Date in November 2026, while the All Chargeability column is at June 15, 2024. Cross-chargeability through an immigrating spouse can change the column that applies.
• An earlier approved petition. An approved EB-1, EB-2 or EB-3 petition gives you its priority date for a later EB-3 petition (8 CFR 204.5(e)), which can shorten the Visa Bulletin wait on a new case. The rule does not apply if the earlier approval was revoked for fraud, willful misrepresentation, an invalidated labor certification or material error.
• Schedule A occupations. For physical therapists and professional nurses listed on Schedule A, the employer files the uncertified labor certification with USCIS as part of the I-140 instead of filing a PERM with DOL (20 CFR 656.15(a), 656.5(a)), which removes the PERM queue but not the prevailing wage determination or the notice of filing. In those cases the priority date is the date USCIS properly receives the I-140.
• Audits and Requests for Evidence. A PERM audit, supervised recruitment or an I-140 Request for Evidence adds time that the posted averages do not show.
• Missed deadlines. A prevailing wage that expires before filing or recruitment starts, or a PERM certification that is not filed with an I-140 within 180 days, sends the employer back to an earlier stage.
• A change in the job before the I-140 is approved. Whether a new PERM is needed depends on whether the job being offered is still the certified job opportunity (including the area of intended employment and the job duties and requirements), and, for a new employer, whether it qualifies as a successor in interest to the sponsoring employer. That is a case-specific question under DOL and USCIS guidance, so get advice before the change happens. After the I-485 has been pending 180 days, a job change may instead be covered by portability (see below).

What Happens to Your Status and Family While You Wait?

A multi-year EB-3 timeline raises three practical questions: how you stay in status, whether you can change jobs, and what happens when a child approaches 21.

• Maintaining nonimmigrant status. A pending PERM or I-140 does not give you status. If you are in the United States, you need to be in lawful status when you file the I-485, or fit an exception. For EB-1, EB-2 and EB-3 applicants, INA 245(k) allows adjustment despite a failure to maintain status, unauthorized employment or a violation of status terms, if those periods, counted in the aggregate since your most recent lawful admission, do not exceed 180 days. Filing an I-485 does not cure a status problem that already exceeds that limit. H-1B workers who have used the six-year maximum may be eligible for extensions in one-year increments if 365 days or more have passed since a labor certification or I-140 was filed on their behalf and that filing is pending or approved, subject to conditions (including that an approved labor certification must have been used to file an I-140 within its validity period), and in three-year increments if they are the beneficiary of an approved EB-1, EB-2 or EB-3 I-140 and a visa number is unavailable because of the per-country limits (8 CFR 214.2(h)(13)(iii)(D)-(E)). Other categories, including L-1, have no comparable extension and run out on their own maximums.
• Changing jobs. Portability under INA 204(j) and 8 CFR 245.25 requires all of the following: your I-485 has been pending for 180 days or more; the I-140 was approved, or was pending and approvable when filed and remains approvable; and you have a bona fide offer of a new job in the same or a similar occupational classification. You notify USCIS with Form I-485 Supplement J, and USCIS decides whether the new job qualifies. Before the 180 days, leaving the sponsoring employer creates risk rather than an automatic loss: your adjustment depends on a continuing bona fide offer of the certified job, the employer may withdraw the I-140 (which revokes it if the withdrawal comes within 180 days of approval), and portability is not available until the I-485 has been pending 180 days.
• Children turning 21. Under the Child Status Protection Act, a derivative child’s age is calculated by subtracting the time the I-140 was pending from the child’s age on the date a visa number became available, and the child must seek to acquire permanent residence within one year of that availability (INA 203(h)). Under USCIS policy effective August 15, 2025 (Policy Alert PA-2025-15), USCIS uses the Final Action Dates chart to decide when a visa number became available for this calculation. Adjustment applications pending before August 15, 2025 continue under the February 14, 2023 policy, which used the Dates for Filing chart in months when USCIS designated that chart, and USCIS describes a limited accommodation for applicants who show extraordinary circumstances. The age calculation and the one-year sought-to-acquire requirement are separate tests, and a family with a child near 21 should get advice before the I-485 filing window opens or closes.

Frequently Asked Questions

• Is EB-3 faster than EB-2?

  It depends on your country of chargeability and the bulletin month. In November 2026, the EB-2 Final Action Date for the All Chargeability column (April 1, 2025) was later than the EB-3 date (June 15, 2024), so EB-2 was ahead for that column, while for India the EB-3 date (January 22, 2014) was nearly three months later than EB-2 (November 1, 2013), and for mainland China EB-3 (January 22, 2022) was ahead of EB-2 (October 1, 2021).

• When is my EB-3 priority date set?

  For a PERM-based EB-3 case, the priority date is the date DOL accepted the PERM labor certification application for processing (8 CFR 204.5(d)), and it is kept for later petitions only once an I-140 based on it is approved (8 CFR 204.5(e)). For a Schedule A case, it is the date USCIS properly receives the I-140.

• Which Visa Bulletin chart can I use to file Form I-485 in November 2026?

  USCIS designated the Dates for Filing chart for all employment-based categories for November 2026. For EB-3 skilled workers and professionals in the All Chargeability column, that date is August 1, 2024. USCIS decides the chart each month, so check its Adjustment of Status Filing Charts page before filing in a later month.

• Can premium processing speed up my Form I-485?

  No. For EB-3 cases, USCIS offers premium processing for Form I-140, not for Form I-485. It also does not speed up PERM, the prevailing wage determination or the Visa Bulletin wait.

• How long is a certified PERM valid?

  A certified PERM labor certification expires if the employer does not file it in support of a Form I-140 within 180 calendar days of the date DOL certified it (20 CFR 656.30(b)).

• How long is a prevailing wage determination valid?

  DOL sets a validity period of at least 90 days and no more than one year from the date of issuance, and the employer must file the PERM or begin the required recruitment within that period (20 CFR 656.40(c)).

• Do my spouse and children need their own EB-3 petitions?

  Generally no. A dependent spouse and unmarried children under 21 can apply for the same classification as derivatives when accompanying or following to join the principal applicant (INA 203(d)). Each derivative still files their own I-485 or immigrant visa application and pays their own fee.

• Can I change jobs while my EB-3 green card is pending?

  Possibly. If your Form I-485 has been pending for 180 days or more, your I-140 was approved or was approvable when filed, and the new job is a bona fide offer in the same or a similar occupational classification, the petition can remain valid for the new job (INA 204(j); 8 CFR 245.25), and you report the change on Form I-485 Supplement J. Get advice before you resign, because USCIS decides whether the new job, wage and duties fit the rule.

• Do I keep my priority date if I start a new EB-3 case?

  Generally yes, if your earlier EB-1, EB-2 or EB-3 petition was approved. An approved petition gives you its priority date for a later petition in those categories (8 CFR 204.5(e)), unless the earlier approval was revoked for fraud, willful misrepresentation, an invalidated labor certification or material error.

• Can my employer withdraw the I-140 and erase my priority date?

  If the I-140 was approved 180 days or more before the withdrawal, the withdrawal does not automatically revoke the approval and you generally keep the priority date (8 CFR 205.1(a)(3)(iii)(C)). Within the first 180 days after approval, a withdrawal does revoke the petition, but the priority date is still retained under 8 CFR 204.5(e) unless one of the fraud, misrepresentation, invalidation or material error exceptions applies.

• Who pays for PERM?

  The employer. DOL rules prohibit the employer from seeking or receiving payment from the worker for the costs of obtaining labor certification, including the employer’s attorney fees and recruitment costs (20 CFR 656.12(b)). That rule does not decide who pays the USCIS fees at the I-140 stage.

• Does a new fiscal year make EB-3 current?

  No. Fiscal year 2027 began October 1, 2026 with a fresh annual allocation, but the October 2026 bulletin retrogressed the All Chargeability EB-3 Final Action Date rather than making it current. A new fiscal year resets supply; it does not erase accumulated demand.