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EB-3 Visa Timeline Unveiled: A Comparative Analysis of Processing Time with Other Visas

2023-05-24

Prepare to be enthralled as we explore every facet of this immigration journey, encompassing all visa types in the E.B.E.B. category. From the detailed requirements that pave the path to success to the processing times that shape our anticipation and the hurdles we must overcome, we will leave no stone unturned. Delve into the complexities of each visa type, whether it be the exceptional abilities of the EB-1, the advanced degrees of the EB-2, the skilled workers and professionals of the EB-3, the special immigrants of the EB-4, or the immigrant investors of the EB-5.

Discover the challenges, from labor certifications to demonstrating extraordinary achievements, and unravel the financial considerations accompanying this journey, including application fees, attorney fees, and potential premium processing fees. Join us on this enlightening exploration, and empower yourself with the knowledge and insights needed to navigate the EB-3 visa timeline and embrace the boundless opportunities that await you in the United States.

The EB-3 Visa Timeline: How Long Does It Take?

The timeline for obtaining an EB-3 visa, an employment-based visa category for the United States, can vary depending on several factors. While it's challenging to provide an exact timeframe, understanding the general processing stages can give applicants an idea of what to expect. The first step in the EB-3 visa process is filing a Labor Certification Application (L.C.A.) with the Department of Labor (D.O.L.). The time required for the D.O.L. to process the L.C.A. can range from a few weeks to several months, depending on workload and other factors.

 Once the L.C.A. is approved, the employer can submit an Immigrant Petition for Alien Worker (Form I-140) to the U.S.U.S. Citizenship and Immigration Services (U.S.C.I.S.). U.S.C.I.S. processing times can vary, but it typically takes several months to adjudicate the I-140 petition. After the I-140 approval, the final step is submitting an Adjustment of Status application or processing an Immigrant Visa application through the National Visa Center (NVC) and U.S.U.S. Consulate or Embassy abroad. The timing for this stage depends on various factors such as visa availability, country-specific quotas, and the completion of necessary background checks.

EB-2 Requirements and Determination Criteria

EB-2, or Employment-Based Second Preference, is a category within the United States immigration system that allows individuals with advanced degrees or exceptional abilities to obtain a green card. The requirements and determination criteria for EB-2 are specific and aim to identify individuals with exceptional skills and qualifications.

To qualify for EB-2, applicants must meet one of the following criteria: hold an advanced degree (such as a master's or doctorate) or possess a bachelor's degree and have at least five years of progressive work experience. Additionally, individuals can qualify based on exceptional ability in the sciences, arts, or business, which must be demonstrated through sustained national or international acclaim.

EB-3 Requirements and Determination Criteria

EB-3 Requirements and Determination Criteria:

  • Education

A minimum of a high school diploma or equivalent is required for the EB-3 category.

  • Work Experience: 

Applicants have at least two years of experience in a specific occupation or field.

  • Job Offer: 

A job offer from a U.S.U.S. employer is necessary for the EB-3 visa. The employer must provide a labor certification stating that no qualified U.S.U.S. workers are available.

  • Skilled Workers

This category includes individuals with at least two years of work experience, training, or education.

  • Professionals: 

This category includes individuals with a U.S.U.S. baccalaureate or foreign equivalent degree.

  • Other Workers: 

This category is for individuals performing unskilled labor that requires less than two years of training or experience.

  • Labor Market Test:

The U.S.U.S. employer must demonstrate that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S.U.S. workers.

EB-1B Green Card Processing Time 2022

EB-1B Green Card Processing Time 2022:

The processing time for an EB-1B Green Card can vary depending on various factors, such as U.S.C.I.S. workload, the completeness of the application, and any requests for additional evidence. As of 2022, the estimated processing time for an EB-1B petition is approximately 6 to 8 months from the filing date. It's important to note that this is an estimate, and processing times can fluctuate. Delays may occur if there is a high volume of applications or if U.S.C.I.S. requires additional time to review the case.

The Month of Filing | Processing Time (Estimated)

  • January | 6-8 months
  • February | 6-8 months
  • March | 6-8 months
  • April | 6-8 months
  • May | 6-8 months
  • June | 6-8 months
  • July | 6-8 months
  • August | 6-8 months
  • September | 6-8 months
  • October | 6-8 months
  • November | 6-8 months
  • December | 6-8 months

The above processing times are estimates based on historical data and may vary in practice. It's advisable to check the U.S.C.I.S. website for the most up-to-date information on processing times.

EB-1 Green Card Processing Time 2022

In 2022, the processing time for the EB-1 Green Card experienced fluctuations and uncertainties. The EB-1 category is reserved for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics, outstanding professors or researchers, and multinational executives or managers, and the actual processing time for an EB-1 Green Card in 2022 varied depending on various factors, such as the U.S.C.I.S. workload, the number of applications received, and any policy changes or backlogs.

On average, the processing time for an EB-1 Green Card could range from several months to over a year. However, it is important to note that the processing time for the EB-1 category can be subject to change and may differ on a case-by-case basis. It is always advisable to consult the U.S.C.I.S. website or seek guidance from an immigration attorney for the most up-to-date and accurate information regarding the processing time for the EB-1 Green Card.

EB-1 Visa for Priority Workers

The EB-1 visa is a category of employment-based visas in the United States specifically designed for priority workers who demonstrate extraordinary abilities in their respective fields. This visa offers a fast-track option for individuals who excel in the sciences, arts, education, business, or athletics. To qualify for an EB-1 visa, applicants must provide substantial evidence of their extraordinary abilities and achievements, such as major awards, international recognition, published work, or significant contributions to their field. This visa category does not require a labor certification, which streamlines the application process. Successful EB-1 visa holders can obtain permanent residency in the United States and pursue their professional endeavors.

EB-2 Visa for Advanced Degrees

The EB-2 visa is an employment-based visa category in the United States specifically intended for individuals with advanced degrees or exceptional abilities in their field. This visa allows professionals with a master's degree or higher, or individuals with exceptional ability in the sciences, arts, or business, to obtain permanent residency in the United States. To qualify for an EB-2 visa, applicants must have a job offer from a U.S.U.S. employer and demonstrate that their employment is in the national interest of the United States. This visa category requires a labor certification and a thorough evaluation of the applicant's qualifications. Successful EB-2 visa holders can contribute their expertise and skills to the U.S.U.S. workforce.

EB-C Green Card Processing Time 2022

The processing times can vary, and it's always best to check with the U.S.U.S. Citizenship and Immigration Services (U.S.C.I.S.) for the most up-to-date information. The EB-1C category is specifically for multinational executives or managers transferred to a U.S.U.S. branch, affiliate, or subsidiary of their current employer. The processing time for an EB-1C green card can depend on various factors, including the U.S.C.I.S.'s workload and the case's complexity.

Typically, U.S.C.I.S. provides estimated processing times on its website. However, these estimates can change, so it is essential to check for updates regularly. In recent years, the processing time for the EB-1C category has varied between several months to over a year. It's worth noting that premium processing, which expedites the application, is unavailable for EB-1C petitions. 

Similarities and Requirements

The similarities among employment-based visas in the United States include the following requirements and considerations:

  • Job Offer from the U.S. Employer: 

All employment-based visas necessitate a job offer from a U.S.U.S. employer. It means that an individual seeking employment-based immigration must have a prospective employer in the U.S.U.S. who is willing to sponsor them.

  • Labor Certification from the Department of Labor: 

Another common requirement is the need for labor certification from the Department of Labor (D.O.L.). The D.O.L. ensures that hiring foreign workers will not adversely affect U.S.U.S. workers. This certification typically involves a process known as the PERM (Program Electronic Review Management) labor certification process.

  • Current Priority Date: 

The priority date, which is the date when the labor certification application was filed, must be current for all employment-based visas. The priority date is used to determine an applicant's place in the queue for visa processing, and visa availability is subject to numerical limits.

  • Processing Time Variation: 

The processing time for employment-based visas varies depending on the workload of the United States Citizenship and Immigration Services (U.S.C.I.S.) and the number of applications received. The U.S.C.I.S. processes visa applications in the order they are received, and the time it takes to adjudicate each application can fluctuate.

It's important to note that there are different categories of employment-based visas, such as the H-1B visa for specialized workers and the EB-1 visa for individuals with extraordinary abilities.

Key Factors Influencing the EB-3 Visa Timeline Revealed

The EB-3 visa application process is subject to various factors that can significantly impact the timeline from application submission to visa approval. Understanding these key factors is crucial for individuals seeking employment-based immigration to the United States. One of the primary factors influencing the EB-3 visa timeline is the current backlog of applications. Due to high demand, certain countries may have longer waiting times than others. The visa bulletin, issued monthly by the U.S.U.S. Department of State, provides updates on priority dates and the availability of visas for specific countries.

Another influential factor is the complexity of the individual's case. Each application is unique, and factors such as education, work experience, and employer sponsorship can affect processing times. Additionally, any discrepancies or inconsistencies in the documentation can lead to delays or R.F.E.s (Requests for Evidence) from the U.S.U.S. Citizenship and Immigration Services (U.S.C.I.S.). Government processing times and workload fluctuations also play a significant role. U.S.C.I.S. processing times can vary; unexpected delays may occur due to organizational factors or policy changes.