The EB-3 employment-based visa has always been a long process that requires patience, planning, and a thorough understanding of each stage. When the U.S. government experienced a recent shutdown, many applicants became understandably worried about delays, missed deadlines, and the status of their PERM labor certifications. Fortunately, the situation quickly improved, and new updates offer clarity and reassurance for anyone pursuing an EB-3 green card.
This guide breaks down what changed, what remains the same, and what every EB-3 applicant should know moving forward.
Understanding the Shutdown: What Actually Happened
During the government shutdown, one of the biggest concerns involved the Department of Labor (DOL). This department is not fee-based, meaning it usually closes during shutdowns. For EB-3 applicants, this creates an immediate problem because DOL handles:
- The PERM labor certification portal (FLAG)
- Prevailing wage determinations
- The processing of mailed applications
Initially, the PERM filing system went offline. Many feared long delays that could push back priority dates, extend waiting times, or cause some PERM advertising to expire.
However, after strong advocacy from several industries that rely heavily on foreign labor, the government quickly reopened the system, allowing PERM filings to continue. This made the shutdown a short-lived disruption, not a long-term setback.
The Good News: PERM Filings Are Back on Track
Once the PERM portal reopened, applicants could again:
- Check the status of pending PERM cases
- File new PERM applications
- Ensure their cases continued moving forward
More importantly, the DOL announced a temporary 33-day grace period for any deadlines that may have expired during the shutdown.
This covers situations such as:
- Advertising expiration
- PERM filing windows
- Mailed applications arriving late due to the shutdown
Even if an application arrives in the DOL’s physical mailroom well after the shutdown, the agency will look at the postmark date. If it was mailed before the deadline, the case remains valid.
This update protects applicants from losing months of progress due to an interruption they couldn’t control.
Why This Shutdown Will Not Delay Your EB-3 Green Card
Even though the PERM step is essential, the shutdown does not meaningfully affect overall EB-3 timelines. Here’s why:
Step 1: PERM Labor Certification
Some applicants may experience a small delay of a few weeks, but this does not impact the final outcome.
Step 2: The I-140 Petition
Most I-140 petitions are being approved long before applicants reach Step 3. Even if there is a brief delay in filing an I-140, the priority date does not change.
Step 3: Consular Processing (DS-260)
This is where the real wait exists. Consular appointments are already backlogged by 1–2 years in many countries.
A small slowdown at the PERM stage doesn’t change these bottlenecks.
Bottom line
The shutdown caused a short administrative blip, not a major disruption. No priority dates are lost, and the long-term process remains exactly the same.
Upcoming Legislation That Could Benefit EB-3 Applicants
Once government operations return to normal, there is renewed attention on bills aimed at improving processing times and clearing backlogs. One of the most promising is the Dignity Act, which contains several beneficial components for EB-3 applicants.
If passed, it could:
- Stop counting dependents toward the 10,000 annual EB-3 cap
- Reduce wait times significantly
- Potentially speed up processing by as much as two years
This would be one of the most impactful improvements to the EB-3 system in decades.
Applicants and supporters are encouraged to voice support for the bill by contacting government offices. Even a simple message helps demonstrate public interest.
The Realistic Mindset Every EB-3 Applicant Must Have
The EB-3 process requires a long-term perspective. It is not ideal for people who need to relocate urgently, but it is ideal for people seeking:
- Long-term career advancement
- Higher salaries in stable industries
- A clear, legal, predictable path to U.S. permanent residency
Many employers in EB-3-friendly industries offer upward mobility, allowing workers to move into management roles. In some U.S. regions, the cost of living is low, taxes are reasonable, and salaries go further than in large cities.
For applicants in countries facing economic challenges, many choose to temporarily relocate to places like:
- The United Arab Emirates
- Qatar
- Saudi Arabia
- Canada
- Mexico
They work there legally while waiting for their EB-3 priority date to become current. When it’s time for the consular interview, they simply return to their home country unless they obtain permanent residency elsewhere.
The EB-3 Visa: A Long Application, A Life-Changing Reward
The EB-3 visa does more than provide a job. It offers:
- A green card for the applicant
- Permanent residency for the spouse
- Permanent residency for children under 21
While it can take several years, so does earning a university degree, and the EB-3 offers a long-term, life-changing result with economic benefits for the entire family.
How To Navigate the EB-3 Process Successfully
1. Understand Each Step Clearly
The EB-3 process has three stages:
- PERM labor certification
- I-140 immigrant petition
- DS-260 consular processing
Knowing what each step involves helps set realistic expectations.
2. Monitor Your PERM and Priority Dates
Use the official FLAG portal to check PERM status.
Follow the monthly Visa Bulletin to track priority dates.
3. Keep All Documents Organized
You will need:
- Passports
- Birth certificates
- Marriage certificates
- Employment history
- Police clearances
- Educational records
Organized documents reduce delays.
4. Stay Patient and Informed
Backlogs are normal. Missing updates causes unnecessary stress, so stay aware of:
- PERM processing times
- I-140 approvals
- Visa Bulletin changes
- Country-specific appointment delays
5. Advocate for Improvements
Supporting legislation such as the Dignity Act helps push for faster processing.
FAQ: EB-3 After the Shutdown
Will the shutdown delay my EB-3 application?
Only minimally. Any delays are small and do not affect priority dates or long-term processing.
What if my PERM advertising expired during the shutdown?
You have an extra 33-day grace period to file.
Will my priority date change?
No. Priority dates remain the same regardless of shutdown disruptions.
Is the consular interview process delayed?
Consular backlogs already existed, but the shutdown did not worsen them.
What if my application was mailed during the shutdown?
The DOL will look at the postmark date. If mailed on time, it remains valid.
Is the Dignity Act guaranteed to pass?
Not guaranteed, but if it does pass, EB-3 applicants will benefit significantly.
Can I move to another country while waiting?
Yes, but you must return to your home country for the U.S. consular interview unless you obtain permanent residency elsewhere.
Do dependents count toward the EB-3 visa cap?
Currently yes, which slows processing. Proposed legislation aims to change this.
How long does the EB-3 process take?
Typically 2–4 years depending on nationality, backlogs, and consular wait times.
Can EB-3 lead to career advancement?
Yes, especially in industries where workers can move into supervisory and management roles.
Also Read: November 2025 Visa Bulletin – EB3 Visa Processing Time Update
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