Potential green card holders are now given a chance to pursue permanent employment in the United States by utilizing the EB-2 and EB-3 visas, which provide good opportunities for skilled workers. However, you need to be aware of the timelines concerned with securing these visas to plan your move. Depending on various factors, including your country of origin and where you are in the visa queue, this can take months or even years.
The PERM Labor Certification
For both the EB-2 and EB-3 visa categories, the very first step in the application process is obtaining a PERM labor certification. (This process mandates that an employer demonstrate that no other qualified U.S. workers are available to fill the position.) It usually takes a PERM application six to ten months to be processed by the Department of Labor.
It can take several months additional if the case gets audited. Misuse can occur, and thus, being proactive and working with experienced immigration attorneys can also make a difference. If you want assistance with the PERM process, contact us today. The Law Office of Olena Manilich is available to support you.
The I-140 Petition
After the PERM certification, the employer then files a Form I-140 Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS) Normal processing is roughly six to nine months. But for an extra $2,805, premium processing can hit the “pause” button on review, taking only 15 calendar days.
This is an option that many applicants prefer to progress more swiftly. If you want to reform your petition and file it correctly, the best course of action is to set up a consultation with us to avoid mistakes and make the process easier.
The Priority Date and the Visa Bulletin
Once USCIS approves the I-140 petition, applicants need to wait for their priority date to be current as per the Visa Bulletin. The waiting time varies based on the visa category and the applicant’s country of charge ability. For some, this step only takes a few months, but for others, it can be several years, especially for EB-3s from oversubscribed countries like India and China.
Given that these waiting times are not consistent, it is important to check back with the Visa Bulletin frequently. If you want to plan accordingly, you can check our EB-3 Visa services. We are always ready to help you!
Adjustment of Status or Consular Processing
When the priority date becomes current, applicants will file Form I-485 for adjustment of status if in the US or engage in consular processing if outside the US. Generally to receive your adjustment of status usually takes six to twelve months or even more.
Consular processing may take several months depending upon the workload of the embassy. There are different requirements for each path, so it is important to know which one is right for you. If you have any questions about which choice is better for you, our team of attorneys can suggest the best decision to you.
The EB-2/3 Visa Process and Its Costs
The total cost of an EB-2 or EB-3 visa varies for several reasons including legal fees, government filing fees, and other costs. The PERM process does not file a fee directly with the government (though employers regularly incur costs for advertising and recruitment for the position). The cost to file an I-140 petition is $700, and if the premium processing is requested, the fee is an additional $2,805.
Other than the biometrics fee, adjustment of status applicants will spend $1,440 on Form I-485 and possibly even more on a green card medical exam. Those who are opting for consular processing pay $345 for the visa application. These costs accumulate, so it’s crucial to plan.
Begin Your EB-2 Or EB-3 Visa Process
Because the EB-2 and EB-3 visa process consists of many moving parts and possible delays, legal assistance will help you avoid expensive mistakes. The Law Office of Olena Manilich can help you with labor certification, filing a petition, wait times, and more. Call us today to review your case and begin with confidence on the path to lifelong residency!
