EB-3: Labor Certification Wait Time

The EB-3 visa is a great path to a green card, but it has a hurdle called the labor certification process, also known as PERM. Don't worry, it's not a monster, but it can be confusing. Here's a roadmap to help you understand the timeline and what to expect.

The PERM Timeline: Buckle Up, It's a Ride

The entire process can take anywhere from 8 months to a year and a half, depending on a few things: how busy the Department of Labor (DOL) is, how complex the job you're applying for is, and if your application gets flagged for extra scrutiny. Let's break it down:

• Preparation and Recruitment (2-3 months or more):

  • Defining the Job: This might seem obvious, but you need to clearly explain what the job is and what skills are required. No room for guesswork here!

  • Paycheck Check: The DOL needs to know what the prevailing wage is for this job title in your area. This usually takes about 2-3 months.

  • Looking for American Workers (First Try): You gotta show you tried to find qualified US citizens for the job. This involves advertising and waiting for a period to see if anyone applies.

• Filing the Application (and Waiting):

  • Submitting PERM: Once you've completed the recruitment phase and no qualified US applicants surfaced, you can file your official PERM application with the DOL.

  • DOL Processing Time: This usually takes 6-8 months, but again, it depends on how many applications they're juggling.

• Possible Delays (Let's Hope Not!):

  • Audit Alert!: Sometimes the DOL picks applications for a random audit, which can add another 6 months to a year to the process.

  • Extra Scrutiny: In rare cases, the DOL might require even more recruitment efforts, which can add significant delays.

The Bottom Line on Timing:

• Prevailing Wage Determination: 2-3 months

• Recruitment and Prep: 2-3 months or more

• PERM Processing: 6-8 months (longer with audits or extra recruitment)

Total Estimated Time:

Without any delays, the whole PERM process can take around 8-12 months. But if you get audited or need extra recruitment, then buckle in for possibly 18 months or more.

Beyond PERM: The EB-3 Journey Continues

Once you get your labor certification approved, there are still more steps to get your green card. The next stop is filing an immigrant petition with USCIS. Then, depending on your situation, you might need to adjust your status within the US or go through consular processing abroad.

The Key Takeaway:

The EB-3 process has several steps, and the labor certification can take some time. Be prepared for the possibility of delays and plan accordingly. With the right guidance and patience, you can navigate this maze and reach your green card goals!