Senior Immigration Paralegal
The first year of an EB-3 case is often spent building and completing the employer-sponsored labor certification stage, rather than waiting for a green card to arrive. With current PERM processing times extending beyond a year in many cases, applicants should expect periods of preparation, government review, and waiting before the case can advance.
If you are just starting, knowing what may happen during those first 12 months can make the timeline easier to follow.
What Happens During the First Few Months of an EB-3 Case?
Most EB-3 cases begin with substantial work by the sponsoring employer. Before an EB-3 visa case can move forward, the employer generally must define the permanent position and its requirements, obtain a prevailing wage determination, and complete the required recruitment process.
For applicants, this can feel like a quiet period. You may provide information about your education or employment history, but much of the work occurs between the employer, its immigration counsel, and the U.S. Department of Labor.
Why Can the PERM Stage Take Most of the First Year?
Government processing times have become a major factor in EB-3 planning. As of August 2026, the Department of Labor reported an average processing time of 372 calendar days for PERM applications undergoing analyst review.
That figure measures the PERM review itself. It does not include all of the work that occurs before filing, such as obtaining the prevailing wage and conducting recruitment.
As a result, reaching the end of your first year without an approved PERM does not necessarily mean something has gone wrong. The timeline may simply reflect current government processing.
An audit or other issue requiring additional review can extend the process further.
What Should You Be Doing While Your EB-3 Case Is Pending?
Long stretches without a government decision do not mean you should ignore your case. During the first year, stay in communication with your employer and attorney and report changes that could affect the sponsorship.
Changes worth discussing may include:
- A new job title, work location, or substantially different duties
- Changes involving the sponsoring employer or offered position
- Changes to your immigration status if you are already in the United States
- Plans to travel, change employment, or otherwise alter your current status
Do not assume that a pending EB-3 case by itself gives you permission to remain or work in the United States. If you are here in another immigration status, maintaining lawful status may require separate planning while the employment-based case continues.
Will You File Form I-140 During the First Year?
Possibly, but not necessarily. The employer generally files Form I-140 with U.S. Citizenship and Immigration Services after the required labor certification has been approved.
Because PERM processing alone can now take approximately a year, some applicants will not reach the I-140 stage within their first 12 months.
Once the case does reach USCIS, premium processing may be available for the I-140 petition. Premium processing can speed up USCIS action on that petition, but it does not accelerate the earlier PERM process or make an immigrant visa immediately available.
Why Does Your Priority Date Matter?
Your priority date determines your place in line for an employment-based immigrant visa. The Department of State’s monthly Visa Bulletin establishes cutoff dates based on the EB-3 category and country of chargeability, which can create an additional waiting period even after earlier stages of your case are complete.
Those dates can advance, remain unchanged, or move backward. Even after earlier stages of an EB-3 case are approved, you may have to wait until your priority date permits the final step toward permanent residence.
Make the First Year Count
An EB-3 case can involve long periods when little appears to be happening from the applicant’s perspective. Behind the scenes, however, the first year can determine whether the case is positioned properly for the stages that follow.
Zepeda Law Firm helps Texas employers and foreign workers plan employment-based immigration cases with current processing times and visa availability in mind. Contact Zepeda Law Firm to discuss your EB-3 case, where you are in the process, and what you should be preparing for next.