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Navigating the EB-3 Unskilled Visa Process Time and Insights

2023-05-23

Embarking on a journey toward a new life and career in the United States can be an exciting prospect for individuals seeking opportunities through EB-3 Unskilled Visa. However, the path to obtaining this visa can often seem daunting, with questions swirling around the timeline and complexities of the process. Fear not, for in this guide; we will be your compass, providing valuable insights and shedding light on the intricacies of navigating EB-3 Unskilled Visa process time. Join us as we embark on a voyage through timelines and gain a deeper understanding of what it takes to turn dreams into reality in the land of opportunity.

What is the Overall EB-3 Processing Time?

The overall EB-3 processing time refers to the duration it takes for an employment-based third preference (EB-3) visa application to be processed by the United States Citizenship and Immigration Services (USCIS). EB-3 is designed for skilled workers, professionals, and other workers seeking employment in the United States. The processing time can vary depending on various factors, including the USCIS workload, the applicant's country of origin, and the case's specific circumstances.

 However, it's important to note that processing times are subject to change and can fluctuate based on the USCIS workload and policy changes. It is recommended to check the USCIS website or consult an immigration attorney for the most up-to-date information on processing times. During the processing period, applicants may need to submit supporting documentation, attend interviews, and undergo background checks. Ensuring that all required documents are accurately prepared and submitted is crucial to avoid delays in processing the EB-3 visa application.

Processing Time of Each Step of EB-3

The EB-3 visa category is designed for skilled workers, professionals, and other workers seeking employment opportunities in the United States. The processing time for each step of the EB-3 application can vary and is subject to change based on various factors. The initial step is the submission of the Labor Certification Application (LCA) to the Department of Labor (DOL). The processing time for the LCA typically ranges from a few weeks to several months, relying on the workload of the DOL.

 Once the LCA is approved, the next step involves filing Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). The processing time for the I-140 petition can vary from several months to over a year, depending on USCIS's workload and any potential backlogs. Finally, after the I-140 petition is approved, the applicant can proceed with the process's final step, which involves submitting Form I-485, Application to Adjust Status, if the applicant is already in the United States. The processing time for the I-485 can range from several months to more than a year, depending on USCIS's workload and any additional background checks required.

Adjustment of Status or Consular Processing Time

The time it takes to complete the adapt Status or consular processing for immigration purposes can vary depending on several factors. The status adjustment refers to applying for a green card in the United States. In contrast, consular processing involves obtaining a visa at a U.S. consulate or embassy abroad. The processing time for adjustment of Status can range from several months to over a year. It depends on various factors, such as the workload of U.S. Citizenship and Immigration Services (USCIS), the complexity of the case, and any potential backlogs.

Applicants will require to submit Form I-485, Application to Adjust Status, along with supporting documentation and fees. On the other hand, consular processing typically involves additional steps, such as submitting the required forms and documents to the National Visa Center (NVC), attending an interview at a U.S. embassy or consulate, and completing medical and background checks. The processing time for consular processing can also vary, ranging from a few months to over a year, depending on the specific embassy or consulate and its workload.

EB-3 Visa Processing Fee

The EB-3 visa category has several processing fees associated with it.

  • The primary fee for the EB-3 visa is the Form I-140 filing fee, which is paid to the U.S. Citizenship and Immigration Services (USCIS).
  • As of my knowledge cutoff in September 2021, the filing fee for Form I-140 is $700.
  • Employers may also be required to pay a fee for the Labor Certification Application (LCA) process, which is submitted to the Department of Labor (DOL).
  • The specific fee for the LCA varies and is determined by the DOL.
  • Applicants already in the United States and opting for adjustment of Status may need to pay the Form I-485 filing fee, which is also paid to the USCIS.
  • The filing fee for Form I-485 is subject to change, and it is recommended to check the USCIS website for the most up-to-date fee information.
  • It's important to note that these are only the basic filing fees, and there may be additional costs, such as biometric fees or attorney fees, depending on the individual circumstances of the applicant.

Wait Time for Priority Date: Varies Widely

The wait time for a priority date can vary widely, causing significant uncertainty and frustration for applicants. The priority date is crucial in immigration, such as family-based and employment-based visa applications. It represents the applicant's place in line for a visa, with earlier priority dates receiving preference.

The variation in wait times can be attributed to several factors. Firstly, different visa categories and countries of chargeability have separate backlogs, resulting in varying processing times. Additionally, the overall demand for visas and the annual visa quotas set by the government also influence the wait times.

Furthermore, changes in immigration policies, laws, and administrative procedures can further impact the priority date wait times. These changes can introduce unpredictability and inconsistencies in the processing times, making it challenging to estimate the waiting period accurately.

I-140 Processing Time: Six Months or 15 Days

The processing time for an I-140 petition, the form used for employment-based immigrant visa applications in the United States, can vary significantly. On average, the standard processing time for an I-140 petition is approximately six months. This timeframe includes the application submission, document verification, background checks, and the overall review by the U.S. Citizenship and Immigration Services (USCIS). However, in some cases, applicants may be eligible for expedited processing, which can significantly reduce the processing time to approximately 15 days.

Expedited processing is typically reserved for situations that meet specific criteria, such as humanitarian emergencies, severe financial loss, or national interest. It's important to understand that expedited processing is not guaranteed and is subject to USCIS discretion. Applicants must provide substantial evidence to support their request for expedited processing and demonstrate that they meet the criteria outlined by USCIS.

Labor Certification Processing Time: 6 - 9 Months

Here is a Step-by-Step Guide: Labor Certification PERM  Processing Time (6 – 9 Months)

Step 1: Determine Eligibility and Job Requirements

Before beginning the PERM labor certification process, ensure that you meet the eligibility criteria and that the job you seek certification for meets the required qualifications and requirements set by the U.S. (DOL) department.

Step 2: Advertise the Job

As part of the PERM process, you must advertise the job to demonstrate that no qualified U.S. workers are available. Adhere to the specific advertising requirements outlined by the DOL, such as placing advertisements in relevant publications or using online job portals.

Step 3: Submit the PERM Application

Prepare and submit the PERM application to the DOL electronically. Include all the necessary documentation, such as recruitment reports, job descriptions, and proof of compliance with advertising requirements.

Step 4: Await the Prevailing Wage Determination

The DOL will review the application and issue a Prevailing Wage Determination (PWD) for the position. This step can take several months as the DOL evaluates wage data to ensure compliance with the prevailing wage standards.

Step 5: Conduct Recruitment and Collect Documentation

Once the PWD is obtained, conduct recruitment efforts as specified by the DOL. Advertise the job following the regulations and collect recruitment process documentation, including resumes, interview records, and recruitment reports.

Process Timing

The timing of each step in the EB-3 visa application process can vary, and it is crucial to stay informed about processing times and deadlines to ensure the timely completion of the application. From gathering the necessary documents to submitting the application and awaiting a decision, understanding the estimated processing times for each stage is essential for planning and managing expectations. Factors that can influence process timing include:

  • The workload of the U.S. (USCIS).
  • The complexity of the case.
  • The accuracy and completeness of the application.
  • Any potential delays or backlogs in the system.

To stay updated on processing times, applicants can regularly check the USCIS website or consult an immigration attorney or legal professional who can provide guidance and insights based on their experience.

Recent Trends and Updates in the EB-3 Visa Processing Time

Recent trends and updates in the EB-3 visa processing time have shown improvements and challenges. The EB-3 visa category is designed for skilled workers, professionals, and other workers seeking employment-based immigration to the United States.

In recent years, a noticeable increase in demand for EB-3 visas has resulted in longer processing times. However, the United States Citizenship and Immigration Services (USCIS) has tried to address this issue. They have implemented various measures to streamline and expedite the processing of EB-3 visa applications.

One significant update is the introduction of the USCIS' online case tracking tool, which allows applicants to monitor the progress of their cases. Applicants have welcomed this transparency and provided them with real-time updates on their application status.