Understanding Priority Dates and Visa Bulletin for EB-3 Applicants

If you are thinking about applying for an EB-3 visa to live and work in the United States 🇺🇸, it is very important to know if you qualify and what steps you need to follow. The EB-3 visa is for skilled workers, professionals, and some other workers. Two main things decide when you can move forward in the process: your Priority Date and the Visa Bulletin. This guide will help you figure out if you qualify, what you need, what could stop you, and what you can do if you are not eligible right now.

Do You Qualify for an EB-3 Visa?

To qualify for an EB-3 visa, you must fit into one of these three groups:

1. Skilled Workers: You have at least two years of job experience or training.
2. Professionals: You have a U.S. bachelor’s degree or a foreign degree that is the same as a U.S. bachelor’s degree.
3. Other Workers: You do unskilled labor that needs less than two years of training or experience, and there are not enough U.S. workers for the job.

Basic Requirements:

• You must have a full-time job offer from a U.S. employer.
• Your employer must get a PERM Labor Certification from the Department of Labor (DOL) unless your job is in a rare category that does not need one.
• Your employer must file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). Form I-140 official link
• You must meet the job requirements listed in the labor certification and job offer.

Examples:

• If you are a nurse with a bachelor’s degree and a job offer from a hospital in the United States 🇺🇸, you may qualify as a professional.
• If you are a welder with three years of experience and a job offer from a U.S. construction company, you may qualify as a skilled worker.
• If you are offered a job as a hotel cleaner and have less than two years of experience, you may qualify as an “other worker.”

Disqualifying Factors:

You will not qualify for an EB-3 visa if:

• You do not have a valid job offer from a U.S. employer.
• You do not meet the education or experience requirements for your job category.
• Your employer cannot get a PERM Labor Certification (unless your job is in a rare category that does not need one).
• You have certain criminal records or immigration violations that make you ineligible for a green card.
• Your employer’s business is not able to pay the offered wage.

Understanding Priority Date:

Your Priority Date is your official place in line for an immigrant visa. It is very important because it decides when you can move to the final steps of getting your green card.

• For most EB-3 applicants: Your priority date is the day the Department of Labor receives your employer’s PERM Labor Certification application.
• If PERM is not needed: Your priority date is the day USCIS receives your Form I-140.

You can find your priority date on the Form I-797, Notice of Action, which you get after your I-140 is approved.

Why is the Priority Date Important?

You cannot file for Adjustment of Status (Form I-485) or go to your visa interview at a U.S. consulate until your priority date is “current.” This means your place in line has come up, and you are allowed to move forward.

What is the Visa Bulletin?

The Visa Bulletin is a monthly update from the U.S. Department of State. It shows which priority dates are “current” for each visa category and country. The United States 🇺🇸 has yearly limits on how many immigrant visas it gives out, and each country can only get about 7% of the total. When more people apply than there are visas, a waiting list forms. The Visa Bulletin helps manage this waiting list.

How to Read the Visa Bulletin for EB-3:

There are two main charts for employment-based visas like EB-3:

• Final Action Dates (Chart A): This chart shows when a visa number is available for final processing. You can only get your green card when your priority date is current on this chart.
• Dates for Filing Applications (Chart B): This chart sometimes lets you file your Adjustment of Status (Form I-485) earlier than the Final Action Date, but your application will not be approved until your priority date is current on Chart A. As of August 2025, EB-3 applicants must use the Final Action Dates chart.

Checking Your Status:

• Look at your priority date on your Form I-797.
• Go to the Visa Bulletin and find the EB-3 row for your country.
• If your priority date is before the date listed, you are eligible to file Form I-485 or go to your visa interview.

Examples:

• If your priority date is January 1, 2022, and the Visa Bulletin shows a cut-off date of February 1, 2022, for your country, your date is current, and you can move forward.
• If your priority date is March 1, 2023, and the cut-off date is February 1, 2022, you must wait until your date becomes current.

How Long is the Wait?

• For people from countries with many applicants, like India and China, the wait can be over 10 years.
• For people from other countries, the wait is often about 3 years or less.
• The wait time changes every month, so check the Visa Bulletin regularly.

What Happens if You Change Jobs?

If you change employers after your I-140 is approved, you can usually keep your priority date as long as your first petition was not canceled for fraud or other problems. This helps you keep your place in line even if you switch jobs.

What If You Do Not Qualify Now?

If you do not qualify for an EB-3 visa right now, here are some options:

• Improve Your Skills or Education: If you do not meet the job requirements, consider getting more training or a higher degree.
• Look for a Different Job Offer: Try to find a U.S. employer who can sponsor you for a job that matches your skills.
• Check Other Visa Categories: You might qualify for a different employment-based visa, like EB-2 (for people with advanced degrees or special skills) or EB-1 (for people with extraordinary ability).
• Family-Based Green Card: If you have close family in the United States 🇺🇸, you might qualify for a family-based green card.
• Temporary Work Visas: Consider applying for a temporary work visa, like H-1B, while you work toward EB-3 eligibility.

How to Improve Your Chances:

• Make Sure Your Employer is Qualified: Your employer must be able to pay your wage and follow all rules.
• Use Premium Processing: For Form I-140, you can pay extra for premium processing, which gives you a decision in 15 calendar days instead of several months.
• Keep Good Records: Save all your documents, including job offers, pay stubs, and proof of education or training.
• Check the Visa Bulletin Every Month: The cut-off dates can change, so you need to know when your priority date becomes current.
• Work with an Immigration Lawyer: A lawyer can help you avoid mistakes and make sure you do not lose your place in line.

Step-by-Step Example:

Let’s say Maria is a nurse from the Philippines 🇵🇭. She gets a job offer from a hospital in the United States 🇺🇸.

1. The hospital files a PERM Labor Certification for Maria. The Department of Labor receives it on May 1, 2022. This is Maria’s priority date.
2. After the PERM is approved, the hospital files Form I-140 for Maria.
3. Maria gets her Form I-797 showing her I-140 is approved and her priority date is May 1, 2022.
4. Every month, Maria checks the Visa Bulletin for the EB-3 category and the Philippines 🇵🇭.
5. In August 2025, the cut-off date for the Philippines 🇵🇭 is June 1, 2022. Maria’s priority date is before this, so her date is current.
6. Maria files Form I-485 for Adjustment of Status because she is already in the United States 🇺🇸.
7. Maria waits for her green card to be approved.

What Could Delay or Stop Your Application?

• Missing Documents: If you do not send all the needed papers, your application will be delayed or denied.
• Employer Problems: If your employer cannot prove they can pay you, or if they break the rules, your petition may be denied.
• Criminal or Immigration Issues: Certain crimes or past immigration problems can make you ineligible.
• Visa Bulletin Retrogression: Sometimes, the cut-off dates move backward. If this happens after you file but before your green card is approved, you may have to wait longer.

Alternative Options if Not Eligible:

• EB-2 Visa: If you have an advanced degree or special skills, you might qualify for an EB-2 visa, which sometimes has shorter wait times.
• Temporary Visas: Apply for a temporary work visa, like H-1B, to work in the United States 🇺🇸 while waiting for your EB-3 priority date to become current.
• Family Sponsorship: If you have a spouse, parent, or child who is a U.S. citizen or green card holder, they may be able to sponsor you.
• Diversity Visa Lottery: If you are from a country with low immigration to the United States 🇺🇸, you can try the Diversity Visa Lottery.

Official Resources:

• For the latest Visa Bulletin and cut-off dates, visit the U.S. Department of State’s Visa Bulletin page.
• For information about priority dates and green card steps, check the USCIS Visa Availability and Priority Dates page.

Final Tips:

• Always check your priority date and the Visa Bulletin.
• Keep in touch with your employer and lawyer.
• Save all your documents.
• Be ready to act quickly when your priority date becomes current.

As reported by VisaVerge.com, staying informed about your Priority Date and the Visa Bulletin is the best way to make sure you do not miss your chance for a green card through the EB-3 process. If you are not eligible now, use the time to improve your skills, find a new job offer, or explore other visa options. This way, you can be ready when your opportunity comes.