Understanding the Delay in EB-3 Processing: Current Times and Approval Expectations

Navigating the U.S. immigration process can be a complex and sometimes frustrating experience, especially when it comes to employment-based visas like the EB-3. This visa category, which is designed for skilled workers, professionals, and other workers, has been facing significant delays in recent times. Let’s delve into the reasons behind these delays, the current processing times, and what applicants can expect in terms of approval timelines.

What is the EB-3 Visa?

The EB-3 visa is an employment-based green card for individuals who fall into one of the following categories:

1. Skilled Workers: Those with at least two years of job experience or training.
2. Professionals: Individuals holding at least a U.S. bachelor's degree or its foreign equivalent.
3. Other Workers: Unskilled workers who perform jobs requiring less than two years of training or experience.

The process to obtain an EB-3 visa involves several steps, including obtaining a labor certification from the Department of Labor (DOL), filing a petition with the U.S. Citizenship and Immigration Services (USCIS), and finally, applying for a visa or adjustment of status.

Current Processing Delays

The processing times for the EB-3 visa have been significantly delayed due to a variety of factors. Here are some key reasons for these delays:

1. COVID-19 Pandemic: The global pandemic disrupted operations at U.S. consulates and embassies worldwide, leading to backlogs in visa processing.
2. Increased Demand: There has been a surge in demand for employment-based visas, particularly in the EB-3 category, which has strained the available resources.
3. Administrative Changes: Shifts in immigration policies and administrative procedures over the past few years have contributed to processing slowdowns.
4. Labor Certification Delays: The first step in the EB-3 process, obtaining a labor certification, has also seen delays at the DOL, further extending the overall timeline.

Current Processing Times

As of mid-2023, here’s an overview of the estimated processing times for the various stages of the EB-3 visa:

1. Labor Certification (PERM): This initial step currently takes around 7 to 8 months. The DOL reviews the application to ensure no qualified U.S. workers are available for the position.
2. I-140 Petition: Once the labor certification is approved, the employer files Form I-140 with USCIS. This step takes about 6 to 9 months under normal processing but can be expedited to 15 days if premium processing is requested.
3. Visa Bulletin and Priority Date: Applicants must wait for their priority date (the date the labor certification was filed) to become current according to the Visa Bulletin. For EB-3, the wait can vary significantly based on the applicant’s country of origin.
4. Consular Processing or Adjustment of Status: If the priority date is current, applicants either go through consular processing (if outside the U.S.) or file for adjustment of status (if within the U.S.). This final step can take an additional 8 to 12 months or even several years based on your country of residence.

When to Expect Approval

Given the current delays, applicants should be prepared for a lengthy wait. From start to finish, the EB-3 visa process can now take anywhere from 18 months to several years, depending on individual circumstances and country of origin. Here’s a rough breakdown:

1. From labor certification to I-140 approval: Approximately 13 to 17 months.
2. Waiting for priority date to become current: Varies by country, with some countries experiencing waits of several years.
3. Final processing (consular or adjustment of status): Another 8 to 12 months. May extend to several years based on your country of residence.

Tips for Managing the Wait

While the waiting period can be stressful, there are steps applicants can take to stay proactive and informed:

1. Stay Updated: Regularly check the Visa Bulletin for updates on priority dates.
2. Consider Premium Processing: If eligible, request premium processing for the I-140 petition to expedite this stage.
3. Prepare Documents: Ensure all necessary documents are ready and organized for each stage of the process.
4. Seek Legal Advice: Consider consulting with an immigration attorney to navigate the complexities and explore any potential options for expediting your case.

Conclusion

The delays in EB-3 processing times can be frustrating, but understanding the reasons behind them and knowing what to expect can help manage the process better. Despite the lengthy wait, the EB-3 visa remains a viable pathway to permanent residency in the U.S. for skilled workers, professionals, and unskilled workers alike. Patience and careful planning are key to navigating this journey successfully.

For more information and updates on the EB-3 visa process, visit the USCIS website.