The EB-3 visa continues to be one of the most talked-about employment-based immigration categories in the United States.
From government shutdown delays to pending legislation like the Dignity Act, there’s a lot happening that affects applicants, employers, and legal professionals.
Below is an in-depth look at the most recent developments, the current state of the PERM process, and answers to frequently asked questions shared by applicants across the globe.
Understanding the Impact of the Government Shutdown on Immigration
A government shutdown in the United States has wide-reaching effects, but it impacts some immigration agencies more than others.
The Department of Labor (DOL) is one of the key agencies that halts its functions during a shutdown because it operates primarily through congressional funding rather than application fees.
When the DOL shuts down:
- Prevailing wage determinations and PERM applications freeze completely.
- The FLAG website, which is used to submit labor certification filings, goes offline.
- Processing times lengthen by the same number of days the government is closed.
In contrast, agencies like USCIS (United States Citizenship and Immigration Services) and the Department of State continue operations since they are fee-funded. That means applications such as the I-140 and consular processing remain active even during a shutdown.
On average, past government shutdowns have lasted about 10 days, though each situation is unpredictable. Every extra day of delay adds to the growing backlog of labor certifications, directly affecting EB-3 applicants who are waiting for their green card process to move forward.
Current PERM Processing Times
At present, PERM labor certification approvals are taking around 15–16 months to process. However, with each day of government shutdown, this timeline extends further. Applicants whose filings were submitted in June or July 2024 are currently being reviewed, with new approvals slowly being released as operations resume.
Efforts are ongoing to introduce a “premium processing” option for PERM, which would allow employers to pay a fee to expedite their applications. Such a system already exists for USCIS filings like the I-140, and advocates believe it could dramatically reduce wait times if approved by Congress.
The Dignity Act and Its Potential Impact
One of the most promising immigration reform proposals under discussion is the Dignity Act. This bill aims to address major bottlenecks within the employment-based green card system.
Currently, the “other worker” category under EB-3 has a limit of 10,000 visas per year, but that number includes dependents: spouses and children of the principal applicant. This means that in practice, only about 3,000 of those visas actually go to workers, while the rest are issued to family members.
If passed, the Dignity Act would count each family unit as one, instead of counting every family member individually. This change could effectively triple the number of available visas and significantly shorten green card wait times across all employment-based categories.
How the PERM Labor Certification Process Works
Before an employer can file a PERM application, they must complete several mandatory steps to test the labor market and ensure there are no qualified U.S. workers available for the position. The main stages include:
- Prevailing Wage Determination (PWD):
The employer requests a wage determination from the DOL, which sets the minimum wage that must be offered for the job. - Recruitment Process:
The employer must advertise the job through specific channels, including:- Two Sunday newspaper ads
- A 30-day posting with the state workforce agency
- An internal notice of filing at the company’s workplace
- Filing the PERM:
After recruitment concludes and if no qualified U.S. workers are found, the employer can submit the PERM application online through the DOL’s FLAG system. - Audit Possibility:
Sometimes, the DOL may audit an application, requesting proof of recruitment efforts or copies of the advertisements.
Approval rates for PERM applications are very high when properly prepared. Denials usually occur because of administrative errors or noncompliance during the recruitment phase. If denied, employers can refile or appeal, depending on the circumstances.
Dependents and Eligibility in the EB-3 Process
Dependents who can be included in an EB-3 application are:
- Spouse (legally married)
- Unmarried children under 21 years old
These dependents are added during the I-140 stage, not during the PERM process. Adult children (over 21) and unmarried partners are not considered dependents under immigration law.
Applicants often ask whether they can have two PERM applications simultaneously (for example, one skilled and one unskilled). While technically possible, the Department of Labor does not allow two approved PERMs for the same individual because both jobs would be full-time. The applicant must ultimately choose one.
Adjusting Status and Starting Work in the U.S.
For those already in the United States on a valid visa, the Adjustment of Status (AOS) process allows them to apply for permanent residency without leaving the country.
Once an applicant’s priority date becomes current according to the Visa Bulletin, they can file Form I-485 (Adjustment of Status). Alongside it, they may also file Form I-765 for a work permit (EAD).
Typically, within 90 days, USCIS issues the EAD, which authorizes the applicant to begin working legally for the sponsoring employer while their green card is still pending.
How to Check Your Green Card Progress (Step-by-Step)
Step 1: Find Your Priority Date
Your priority date is listed on the PERM certification or I-140 approval notice.
Step 2: Visit the Visa Bulletin
Go to the U.S. Department of State’s Visa Bulletin website.
Step 3: Look for the Employment-Based Third Preference (EB-3) Category
Compare your country of chargeability (such as India, Philippines, or “Rest of World”) and see which month and year are listed as “current.”
Step 4: Interpret the Cutoff Dates
If your priority date is earlier than the date listed, your case is current, and you can proceed with your green card application.
Step 5: Recheck Monthly
The Visa Bulletin is updated every month, so it’s important to stay informed about changes that could affect your eligibility window.
Frequently Asked Questions (FAQ)
Q1: Does being in or outside the U.S. affect my PERM processing time?
No. PERM timelines are the same regardless of your location. The DOL processes applications based on filing month, not applicant location.
Q2: Can an employer start a PERM before hiring someone?
No. The PERM is based on a valid job offer, meaning the employer must intend to hire the applicant before filing.
Q3: What happens if my PERM or I-140 is denied?
It depends on the reason. Common causes include missing documentation, beneficiary not meeting job requirements, or employer’s inability to prove financial capability. Often, the employer can refile or appeal.
Q4: Will my offered salary stay the same after years of waiting?
Employers must pay the prevailing wage at the time you start employment. Salaries are typically adjusted for inflation to reflect current market rates.
Q5: Is there an age limit for the EB-3 visa?
No strict age limit exists. As long as you are capable of performing the job duties, you can apply.
Q6: Can I apply for both skilled and unskilled EB-3 categories?
Yes, but only one PERM can ultimately be approved for a single individual.
Q7: What is the approval rate for PERM?
It’s very high when the application is properly prepared. Denials usually happen because of procedural errors, not eligibility issues.
The Push for Reform and Future Outlook
With the ongoing delays in PERM processing and visa backlogs, many professionals are advocating for reform. Two major solutions are being pursued:
- Premium processing for PERM, to reduce waiting times.
- The Dignity Act, which would fix the quota system by counting family units as one.
If both initiatives succeed, the entire EB-3 process could shrink from its current multi-year timeline to approximately two years, creating a more efficient and transparent pathway for foreign workers and U.S. employers alike.
Final Thoughts
The EB-3 visa remains a crucial lifeline for American businesses struggling with labor shortages and for foreign workers seeking long-term opportunities in the U.S. While challenges like government shutdowns and visa backlogs continue to slow progress, there is steady momentum toward reform.
With legislation such as the Dignity Act and proposed premium processing for PERM, applicants can look forward to faster approvals and clearer timelines in the near future. Until then, staying informed, checking the Visa Bulletin regularly, and ensuring accurate preparation of all filings remain the most reliable ways to navigate the EB-3 journey.
Also read: Meet the EB3.Work Talent Team and Learn the Process
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