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How long does the whole process take for unskilled EB3 for a person starting from out of the country?

  • Writer: tousif dev
    tousif dev
  • Jul 30, 2024
  • 2 min read


The process for obtaining an unskilled EB-3 visa for a person starting from outside the USA can be lengthy and involves multiple steps. The total time can vary significantly based on several factors, including demand, processing times at various stages, and any potential delays such as retrogression. Here's an estimated timeline for each stage of the process:


Estimated Timeline for Unskilled EB-3 Visa Process


Step 1: Job Offer and Employment Contract

  • Time Required: Varies (1-3 months)

  • Details: Securing a job offer from a U.S. employer willing to sponsor you can take some time. This involves finding a suitable position, going through the interview process, and signing an employment contract.


Step 2: Labor Certification (PERM)

  • Time Required: 8-12 months

  • Details: The employer must obtain a Permanent Employment Certification (PERM) from the Department of Labor (DOL). This process includes:

  • Conducting a recruitment process to ensure no qualified U.S. workers are available.

  • Submitting the PERM application and waiting for approval.


Step 3: Immigrant Petition (Form I-140)

  • Time Required: 6-9 months

  • Details: Once the PERM is approved, the employer files Form I-140 with the U.S. Citizenship and Immigration Services (USCIS). This petition establishes the applicant’s eligibility for the EB-3 visa.


Step 4: Wait for Priority Date to Become Current

  • Time Required: Varies (could be several months to years)

  • Details: The priority date is the date when the PERM application was filed. You must wait until your priority date becomes current according to the Visa Bulletin. This step can be lengthy, especially if there is retrogression or high demand in the EB-3 category.


Step 5: Consular Processing (Form DS-260)

  • Time Required: 3-6 months

  • Details: When the priority date is current, you proceed with consular processing:

  • Submit Form DS-260 (Online Immigrant Visa Application) to the National Visa Center (NVC).

  • Gather and submit required civil and financial documents.

  • Schedule and attend a medical examination.


Step 6: Consular Interview and Visa Issuance

  • Time Required: 1-3 months

  • Details: Attend the consular interview at the U.S. embassy or consulate. If approved, receive your immigrant visa stamped in your passport.


Step 7: Travel to the USA and Receive Green Card

  • Time Required: 1-2 months

  • Details: Travel to the USA using your immigrant visa. Upon arrival, you will receive your Green Card by mail within a few weeks.


Total Estimated Time

  • Best Case Scenario: Approximately 2-3 years

  • Possible Delays: Due to high demand, retrogression, and varying processing times, it could take longer, potentially up to 4-5 years or more.


Summary


The unskilled EB-3 visa process involves several stages, each with its own time requirements. The total process can take anywhere from 2 to 5 years or more, depending on demand and processing times. Applicants should be prepared for potential delays and stay informed about their application's progress through regular updates from their employer, the Department of Labor, USCIS, and the U.S. embassy or consulate handling their case.

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