For thousands of foreign workers and their families, the EB-3 visa program represents a pathway to permanent residency and a stable future in the United States. However, long delays and backlogs, particularly caused by retrogression, have become an overwhelming obstacle. In recent years, EB-3 applicants have faced record-breaking wait times due to PERM labor certification delays and outdated immigration quotas that no longer reflect today’s labor market.
But a new legislative proposal called the Dignity Act could bring a breakthrough. If passed, it may eliminate the primary cause of EB-3 retrogression by changing how employment-based green cards are counted. Let’s take a closer look at how this could work and why this reform is long overdue.
Understanding EB-3 Retrogression and PERM Delays
The EB-3 visa category is designed for skilled workers, professionals, and other workers in positions that typically require less formal education or training. But despite the simplicity of many EB-3 job requirements, such as roles in hospitality, caregiving, or construction, the processing time is anything but simple.
Currently, the PERM labor certification process, which verifies that no qualified U.S. workers are available for the job, is taking an average of 16 months. That’s the longest delay since the system was launched in 2005. Originally marketed as an “instantaneous” online process, PERM has become a bottleneck, slowed down by bureaucracy and a lack of streamlined procedures.
The long processing time isn’t just an inconvenience, it compounds the issue of retrogression, a situation where green card priority dates move backward on the visa bulletin due to overwhelming demand and limited annual visa caps.
Why the Current System Is Broken
The roots of the EB-3 backlog lie in outdated policies. Immigration quotas for employment-based green cards were set in 1990, long before the rise of the digital economy, gig work, and globalized labor markets. Those quotas have remained largely unchanged for over three decades.
Worse yet, the 10,000 green cards allocated annually to EB-3 “Other Workers” are not just used for the workers themselves but also for their entire families. That means a single worker with a spouse and three children consumes five out of the 10,000 available visas, leaving thousands of qualified workers waiting in line for years.
This inefficient method of counting has caused visa numbers to dry up faster than anticipated, triggering retrogression and delaying the dreams of families who followed the legal path.
A Simple Fix with Big Impact: The Dignity Act
The Dignity Act aims to fix one of the most problematic features of the EB-3 green card system. The core proposal? Stop counting family members against the annual visa cap.
Instead of using five visas for a worker and their spouse and three kids, the system would only count the principal worker. This change could cut the EB-3 backlog by 50% to 75%, a transformative reduction that would likely end retrogression in this category entirely.
The brilliance of the proposal lies in its simplicity. It doesn’t require an increase in total visa numbers or dramatic structural changes. It simply corrects a flaw in how visas are counted, an adjustment long called for by immigration advocates.
Why It Makes Economic Sense
This isn’t just about compassion, it’s about economic necessity. The U.S. is facing a widespread labor shortage, especially in industries that rely on EB-3 workers. Fast food chains, healthcare centers, hospitality businesses, and even farms are struggling to hire staff. Many of the jobs that fall under the EB-3 category are going unfilled, not because Americans are being pushed out, but because employers cannot find willing workers.
Today, many of the people who used to work entry-level jobs are moving to gig economy alternatives like rideshare apps or food delivery services, which offer more flexibility. In this labor environment, it’s crucial for the U.S. to have access to a legal, screened, and stable foreign workforce.
The Dignity Act aligns immigration with the modern economy. It supports employers who are willing to go through the lengthy and costly process of sponsoring a foreign worker, sometimes waiting years for that employee to arrive. These employers wouldn’t invest in such efforts unless they were truly desperate for reliable labor.
Other Practical Reforms on the Table
Beyond the Dignity Act, other changes are being explored to reduce delays and simplify the EB-3 process:
1. Premium Processing for PERM
One suggestion under review is to introduce a premium processing option for PERM labor certifications. This would allow employers to pay a small fee to expedite their application, potentially shaving off months from the wait time. Currently, the Department of Labor doesn’t charge for PERM, which contributes to backlogs and underfunding.
2. Separate Workflow for Simple Cases
Most EB-3 cases are for entry-level roles with few, if any, special skill requirements. Advocates are calling for a dedicated processing track for such applications, which could reduce review time significantly. There’s no need to subject a fast food worker’s PERM application to the same scrutiny as a tech role requiring a Master’s degree and Oracle certification.
3. Modernizing Prevailing Wage Determinations
Currently, it can take five months to get a prevailing wage determination. Advocates are asking for modernization such as email-based requests or secure online portals to speed up this process. Decades ago, employers could fax in a request and get a response in days. There’s no reason that kind of efficiency can’t return in the digital age.
4. Expanding Schedule A Occupations
Schedule A occupations are “pre-certified” as lacking sufficient U.S. workers. Today, only registered nurses and physical therapists qualify. Expanding this list to include more EB-3 roles could bypass the PERM process entirely, saving up to 16 months of waiting.
Immigration Reform Is Overdue
The last major U.S. immigration reform happened in 1990. That’s the same year the EB-3 category was created. At the time, most immigration forms were color-coded, computers were rare, and there was no internet. Since then, the world has changed but immigration policy has not kept pace.
The Dignity Act offers a 21st-century solution. It doesn’t open the floodgates, nor does it grant unfair advantages. It simply corrects an outdated rule and recognizes that families should not count against work visa caps.
If passed, it would not only help workers and employers—it would make the entire EB-3 system more humane, more logical, and more responsive to real-world needs.
A Turning Point for Legal Immigration
While the U.S. continues to debate immigration at its borders, legal immigration remains stuck in a system that punishes those who follow the rules. Families who apply properly, pay the fees, wait patiently, and obey all laws are left in limbo, sometimes for years, because of mathematical mismanagement.
The Dignity Act may be the key to restoring faith in the system. It could mark the beginning of smarter, fairer, and faster employment-based immigration.
Whether Congress acts now or delays again, one thing is certain: reform is not a matter of if, but when. The hope is that when becomes now.
Frequently Asked Questions (FAQ)
What is EB-3 retrogression?
EB-3 retrogression occurs when the demand for green cards in the EB-3 category exceeds the annual visa cap, causing priority dates to move backward instead of forward, delaying permanent residency for applicants.
How many EB-3 green cards are issued each year?
The U.S. allocates approximately 10,000 green cards annually to EB-3 “Other Workers.” However, this number includes not just workers but also their immediate family members, which significantly reduces available slots.
How does the Dignity Act address EB-3 retrogression?
The Dignity Act proposes that only the principal worker be counted against the annual cap, not their family members. This could reduce the backlog by 50–75% and potentially eliminate retrogression in the EB-3 category.
Does the Dignity Act increase the total number of green cards?
No. It doesn’t raise the cap but changes how green cards are counted, ensuring more actual workers benefit from the existing quota.
What is PERM and why does it take so long?
PERM is the labor certification process required for employment-based green cards. It currently takes around 16 months due to outdated systems and lack of funding.
What other reforms are being considered to speed up the process?
Suggested improvements include:
- Premium processing for PERM
- A separate workflow for simpler EB-3 cases
- Expansion of Schedule A occupations
- Faster prevailing wage determinations
How To Navigate the EB-3 Process More Effectively
1. Understand the EB-3 Visa Path
- The EB-3 visa is for skilled workers, professionals, and other workers in jobs requiring less than two years of training or experience.
- It typically includes roles in healthcare, hospitality, food service, and construction.
2. Begin with PERM Labor Certification
- Employers must prove there are no qualified U.S. workers available for the job.
- PERM involves obtaining a prevailing wage, advertising the job, and filing Form ETA 9089.
- Currently, this process takes over 16 months.
3. Advocate for Policy Improvements
- If you’re an employer or applicant, support efforts like the Dignity Act that aim to streamline processing and reduce backlogs.
- Stay informed about possible changes such as premium processing for PERM or the expansion of Schedule A.
4. Consider Schedule A if Applicable
- Currently limited to registered nurses and physical therapists.
- Being under Schedule A can skip the PERM step and save up to 16 months.
5. Monitor Visa Bulletin Monthly
- Keep track of priority dates to know when your green card application can move forward.
- Be aware that retrogression can occur unexpectedly, but reforms like the Dignity Act may change that.
6. Prepare Documentation Thoroughly
- Ensure all forms and supporting documents are accurate, especially for labor certification and I-140 filings.
- Work with experienced immigration professionals to avoid delays or denials.
Also read: Starting Your EB-3 Job in Savannah, Georgia?
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