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EB-3 Case: “Two Parallel Tracks”

Compiled by GJO · Updated Oct 28, 2026 · Checked against the US Department of State, USCIS and the US Department of Labor

Many people ask: “My I-140 is already approved, so why do I still have to wait?” The answer is that an EB-3 case moves on two tracks at the same time. Only when both tracks reach the finish line can an immigrant visa be issued.

Track 1 – Paperwork

This is the document side; each step is reviewed by a different agency:

  • PERM – the US Department of Labor certifies that the employer needs workers (how to check).
  • I-140 – USCIS approves the employer's petition.
  • NVC – pay visa fees, complete the DS-260, submit civil documents and police certificates.
  • Interview at the US Consulate (after the medical exam).

How fast this track moves depends on each agency's processing time and on whether the case gets a request for more evidence.

Track 2 – Visa queue

Each year the US issues only a limited number of EB-3 visas. Applicants line up by Priority Date – for EB-3, usually the date the PERM was filed. Every month, the Visa Bulletin announces which date the queue has reached. For example, in November 2026, EB-3 Other Workers (Chart A) is Jun 1, 2022: only people with a priority date before that date are current.

No one can speed up this track – not even by paying for premium processing on the I-140. The chart can move forward, stand still, or even retrogress: for example, in October 2026 Chart A moved back from Apr 1, 2022 to Jan 1, 2022 (see News).

Two common situations

SituationResult
I-140 approved, but the priority date is not yet currentThe case must wait on Track 2.
Priority date is current, but PERM/I-140 is not yet doneThe case must wait on Track 1.
Both are doneContinue to NVC → interview → visa issued (if eligible).

Why can no one promise a timeline?

Because Track 2 depends on the volume of cases worldwide and the annual visa limits – no organization controls that. Be careful with promises like “green card in so many months”. The best approach is to track both lanes yourself:

Sources: travel.state.gov – Visa Bulletin · USCIS – Visa Availability and Priority Dates · DOL – Permanent Labor Certification.

📌 Compiled information, for reference only. Check the official version at travel.state.gov. Independent information & referral page, not legal advice.