How Long Does It Take to Get a Green Card Through EB-3?

Imagine receiving the green card you've been waiting for after years of effort. You've been offered a job by a U.S. company, filed all the required paperwork, and are now on the edge of what seems like endless waiting. The frustration, the hope, and the ticking clock — how long does it really take to get a green card through the EB-3 process?

The long wait can be daunting but knowing the specifics about the process can help manage expectations and prevent unnecessary stress. The EB-3 green card is primarily for skilled workers, professionals, and certain other workers (like unskilled labor positions) who have received a job offer from a U.S. employer. While the promise of permanent residency and the eventual security of living in the U.S. as a green card holder is enticing, the path to getting there can take several years, depending on several key factors.

Stage One: PERM Labor Certification

The EB-3 process officially begins with the filing of the PERM (Program Electronic Review Management) labor certification. This crucial step requires your U.S. employer to demonstrate that no qualified U.S. workers are available for the job position being offered to you. The employer must conduct a rigorous recruitment process, documenting their efforts and proving to the U.S. Department of Labor that hiring a foreign worker won’t adversely impact American workers.

• Processing Time: The PERM labor certification can take anywhere from 6 months to over a year, depending on the backlog at the Department of Labor and whether or not the case is audited (audits typically add several more months to the timeline).

The PERM Backlog Problem

In recent years, the Department of Labor has faced significant backlogs, leading to delayed labor certification processing. According to a 2023 update, some applicants reported that their PERM certifications were delayed by as much as 2 years. This has caused frustration for both employers and employees, particularly those from countries with large numbers of applicants (like India and China), who experience even longer delays.

Stage Two: Filing the I-140 Petition

Once the PERM labor certification is approved, your employer can then file the I-140 petition with U.S. Citizenship and Immigration Services (USCIS). This petition formally demonstrates that the employer can financially support you, and that your job offer remains valid. The I-140 petition is the linchpin of the EB-3 process because it establishes the priority date, which determines your place in the queue for a visa number.

• Processing Time: The I-140 petition can take 6 to 9 months, depending on the service center processing the petition. However, USCIS offers premium processing, which expedites the process to 15 calendar days for a fee.

• Priority Date: The date the I-140 is filed becomes your priority date, and this is a critical marker because green cards are only issued once the priority date becomes current according to the visa bulletin.

Impact of Country of Origin

Here's where the process becomes even more complex. The EB-3 category is subject to annual limits on how many green cards can be issued, and these limits are further divided by country. Countries like India, China, and the Philippines typically have more applicants than there are available visa numbers. This means that even after your I-140 is approved, you may have to wait several more years for a visa number to become available.

For instance, as of 2024, Indian EB-3 applicants face some of the longest waits — up to 10 years or more. This is largely due to the sheer number of applicants and the limited number of visas allocated each year to India.

Stage Three: Adjustment of Status or Consular Processing

Once your priority date becomes current, you can move forward with the final stage: either adjusting your status if you’re already in the U.S. on a valid visa, or consular processing if you're outside the U.S.

• Adjustment of Status: This is generally the preferred route for those already in the U.S., as it allows you to stay in the country while the application is processed. This step usually takes 8 to 14 months, although recent surges in demand have seen applicants waiting over a year.

• Consular Processing: If you’re applying from outside the U.S., consular processing involves scheduling an interview at a U.S. embassy or consulate in your home country. This step can take anywhere from 4 to 8 months, depending on the processing times at the particular consulate.

COVID-19 and Global Delays

Since 2020, the COVID-19 pandemic has significantly impacted both adjustment of status and consular processing timelines. Many consulates closed temporarily or reduced their operations, causing delays that still affect applicants today. Some consulates are still struggling to catch up with backlogs, particularly for countries that had strict COVID lockdowns.

Factors That Can Speed Up or Slow Down the Process

Premium Processing

One way to speed up the process, at least for the I-140 stage, is by opting for premium processing. For a fee, USCIS guarantees a decision within 15 days of filing, compared to the 6-9 months it might take under normal circumstances.

PERM Audits

On the other hand, certain factors can dramatically slow down the process. For example, if your case is selected for a PERM audit — which happens in about 30% of cases — your timeline could be extended by an additional 6 to 12 months. These audits are triggered randomly or due to specific red flags in the employer’s recruitment process.

Visa Bulletin Retrogression

Visa bulletin retrogression is another frustrating factor. Sometimes the visa bulletin “retrogresses” or moves backward, meaning that applicants whose priority dates were once current now have to wait again. This often affects applicants from countries like India and China, and can add several more years to the process.

So, How Long in Total?

Taking all these stages into account, the time to get an EB-3 green card can range from 2 years to over a decade, depending on the country of origin, processing times, and various other factors.

Here’s a general breakdown:

Step	Time Frame
PERM Labor Certification	6 to 12 months (up to 2 years with delays)
I-140 Petition	6 to 9 months (15 days with premium processing)
Priority Date Wait	Varies by country (India: 10+ years, others: 1-2 years)
Adjustment of Status/Consular Processing	8 to 14 months (or 4 to 8 months for consular processing)

For applicants from India and China, the overall process can easily exceed 10 years. For applicants from less backlogged countries, the process can take 3 to 5 years.

In short, patience is key in the EB-3 green card process. Whether you're stuck in the PERM stage, waiting on your priority date to become current, or navigating consular processing delays, knowing the steps ahead can make the journey feel more manageable.