EB-3 Processing Time in November 2026: Every Stage From Prevailing Wage to Green Card, by Country
The paperwork stages of an EB-3 case run on queues you can check this week, but your country of birth decides whether the last stage takes months or many years.
Part of our guide to H-1B wage levels.
EB-3 processing time runs on two clocks. The processing clock is four government queues, and on November 1, 2026 they stood here: DOL was deciding prevailing wage requests received in June 2026 (as of 2026-09-30), PERM analyst review had reached January 2026 priority dates with a 303-day average (as of 2026-10-21), and USCIS listed 4 months for an EB-3 skilled I-140 and 42.5 or 9.5 months for an employment-based I-485. The visa clock is the November 2026 Visa Bulletin: the EB-3 Final Action Date is 2024-06-15 for most countries, 2023-08-15 for the Philippines, 2022-01-22 for China and 2014-01-22 for India.
Status line, as of 2026-11-01
- In effect: the November 2026 Visa Bulletin (released 2026-10-22), with USCIS requiring the Dates for Filing chart for employment-based I-485s. The PERM rules in 20 CFR 656 are unchanged. PA-2026-05 (since 2026-08-05) and memo PM-602-0199 are in effect and challenged in AAUP v. Mullin, with no ruling.
- Scheduled: old I-485 mailing addresses are accepted only if postmarked on or before 2026-11-09. FLAG's next PERM update is expected around 2026-11-06. The December 2026 bulletin is expected mid-November and is not published, so any December cutoff is a forecast.
- Not law yet: DOL's PERM labor-market-test proposal (an NPRM, RIN 1205-AC29) cleared White House (OIRA) review on 2026-10-23 but is unpublished: no text, no comment period. DOL's prevailing-wage rule (RIN 1205-AC30) is still a proposal from 2026-03-27. USCIS's "Amending the Premium Processing Timeframe" (RIN 1615-AD25) has been under OIRA review since 2026-10-13, with no public text.
How long does EB-3 take in 2026?
EB-3 runs on two clocks. At late-2026 queue speeds, the steps from a prevailing wage request to an approved I-140 add up to about 16 to 21 months without an audit (our arithmetic from the dated snapshots below, not a forecast). Then your priority date must be current: the November 2026 EB-3 Final Action Date is 2024-06-15 for most countries and 2014-01-22 for India.
That range adds 3 to 4 months for the prevailing wage, an assumed 2 to 3 months of recruitment, the 303-day PERM average and up to 4 months for the I-140. For eligibility, see EB-3 requirements for skilled workers and professionals.
EB-3 processing time by stage (as of November 2026)
Table 1. EB-3 stage-by-stage snapshot (as of 2026-11)
| Stage | Who acts | Where the queue stood | Read on | Live source |
|---|---|---|---|---|
| 1. Prevailing wage determination (Form ETA-9141) | DOL National Processing Center | Working PERM requests received in June 2026 | 2026-09-30 | FLAG processing times |
| 2. Recruitment | Your employer | Rule-based: mandatory steps at least 30 and no more than 180 days before filing | n/a (set by rule) | 20 CFR 656.17 |
| 3. PERM analyst review (Form ETA-9089) | DOL | January 2026 priority dates; average 303 days (August 2026 row) | 2026-10-21 | FLAG processing times |
| 3a. PERM audit, if selected | DOL | December 2025 priority dates; no average listed | 2026-10-21 | Same |
| 4. I-140, EB-3 skilled or professional | USCIS | 4 months (80% of cases); premium 15 business days | 2026-11-01 | USCIS processing times |
| 4a. I-140, EB-3 other workers | USCIS | 9 months | 2026-11-01 | Same |
| 5. Visa number | State Department | Depends on country (Table 2) | November 2026 bulletin | Visa Bulletin |
| 6. I-485, employment-based | USCIS | 42.5 months (SCOPS) or 9.5 months (field offices) | 2026-11-01 | USCIS processing times |
Stages 5 and 6 overlap. In a month when USCIS accepts the Dates for Filing chart, you may file the I-485 once your priority date is earlier than that chart's cutoff, but USCIS cannot approve it until your date is also earlier than the Final Action Date.
How long does the prevailing wage determination take right now?
As of 2026-09-30, DOL's FLAG page showed PERM prevailing wage requests being worked at June 2026 receipt dates (OEWS and non-OEWS), roughly a three- to four-month lag (our arithmetic). Under 20 CFR 656.40(c), each determination is valid for 90 days to one year, and your employer must file or begin its recruitment period within that window.
How long does recruitment take before PERM is filed?
Recruitment has no government queue. For a professional role, 20 CFR 656.17(e) requires a state workforce agency job order for "a period of 30 days" and ads on two different Sundays, conducted "at least 30 days, but no more than 180 days, before the filing of the application," plus three additional recruitment steps. Expect weeks to a few months, on a calendar your employer's attorney controls.
How long does PERM take in November 2026?
As of 2026-10-21, FLAG showed analyst review at January 2026 priority dates and an average of 303 calendar days in its latest monthly row (August 2026), down from 336 days in the previous update. Audited cases sat further back, at December 2025, and FLAG lists no audit average. Our explainer on how long PERM labor certification really takes covers audits and denials.
The PERM filing date is the most important date in your case. Under 8 CFR 204.5(d), your priority date is "the date the labor certification application was accepted for processing by any office of the Department of Labor."
If your employer is one of the eight that DOL said on 2026-10-08 it was suspending from PERM (Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL, Capgemini), these timelines may not apply. As of 2026-11-01 DOL had published no written notice, scope or end date, so ask the employer's immigration attorney what it means for your case. Cloudera agreed on 2026-10-16 to a two-year PERM debarment. These are PERM actions only; Mayer Brown notes the October 8 action "does not suspend any employer from the H-1B program."
EB-3 I-140 processing time, regular and premium
The USCIS tool listed 4 months for an EB-3 skilled worker or professional I-140 and 9 months for EB-3 other workers, read 2026-11-01. Premium processing on Form I-907 costs $2,965 for any EB-3 I-140 under the G-1055 fee schedule (edition 10/26/26) and asks USCIS to act within 15 business days (USCIS premium processing page). The deadline that matters more: a PERM certification "expires if not filed in support of a Form I-140 petition ... within 180 calendar days" of DOL's grant, under 20 CFR 656.30(b)(1).
USCIS approved 96.7% of decided EB-3 skilled worker (E31) I-140s in April to June 2026 (FY2026 Q3, USCIS I-140 data); that quarter predates PA-2026-05 and says nothing about your case. For every category side by side, see our I-140 processing times by category.
How long does the EB-3 I-485 take?
USCIS listed 42.5 months for an employment-based I-485 handled through Service Center Operations (SCOPS) and 9.5 months at field offices, read 2026-11-01; check the office named in your case status. Neither figure predicts your approval date, because USCIS cannot approve the I-485 until your priority date is earlier than the Final Action Date.
- Forms and addresses. Only the 09/18/26 edition is accepted, and filing locations changed on 2026-10-07; old addresses work only if postmarked on or before 2026-11-09. Check the USCIS I-485 page before mailing.
- Interim benefits. USCIS listed 12 to 12.5 months for a (c)(9) work permit and 26.5 months for advance parole (2026-11-01). Under a final rule in effect since 2026-10-14, (c)(9) renewals filed on or after 2025-10-30 get no automatic extension; H-1B status is separate work authorization.
- Job changes. Once the I-485 has been pending "180 days or more since the receipt date," INA 204(j) may let you move to a same or similar job using Form I-485 Supplement J. Review the conditions with your attorney first.
PM-602-0199 (2026-05-21) calls adjustment "a matter of discretion and administrative grace," and PA-2026-05 lets officers deny without a request for evidence when required initial evidence is missing. Both are in effect and challenged; a thin file now costs more.
November 2026 EB-3 cutoffs by country
Table 2. November 2026 EB-3 (skilled and professional) cutoffs (as of 2026-11)
| Chargeability | Final Action Date | October FAD | Dates for Filing | How far the cutoff trails 2026-11-01 (our arithmetic) |
|---|---|---|---|---|
| Rest of world and Mexico | 2024-06-15 | 2024-05-15 | 2024-08-01 | About 2 years 4 months |
| Philippines | 2023-08-15 | 2023-08-15 (no move) | 2024-01-01 | About 3 years 2 months |
| China (mainland born) | 2022-01-22 | 2022-01-08 | 2024-04-01 | About 4 years 9 months |
| India | 2014-01-22 | 2014-01-01 | 2015-01-15 | About 12 years 9 months |
EB-3 other workers runs slower outside India (rest of world 2022-06-01 Final Action, 2022-07-01 Dates for Filing; China 2019-10-01 and 2020-10-01). Confirm values on the Visa Bulletin at travel.state.gov; these match the Fragomen and Ogletree summaries. The last column is the age of the cutoff, not your wait; the line can speed up, stall or move backward.
Which chart applies? Dates for Filing controls when you may file an I-485; the Final Action Date controls when it can be approved. For November, USCIS's adjustment filing charts page says: "For all employment-based preference categories, you must use the Dates for Filing chart." USCIS chooses month by month; consular cases always use Final Action Dates. For the work-permit and travel side, see what early filing gets you.
Why no one can tell you how long EB-3 India takes
No one can give you an honest number of years, and the 12-year age of the cutoff is neither a floor nor a ceiling for someone starting today. The data shows the mechanism instead.
The near queue. USCIS's employment-based I-485 inventory (as of 2026-10-05) counted 1,816 India EB-3 I-485s as "Available" (current under the October 2026 bulletin used for the query) and 13,364 as "Awaiting Availability." By our sum of that sheet, 13,209 of the waiting applications have 2014 priority dates and 155 have January 2015 dates, with none from later in 2015. That fits the 2015-01-15 Dates for Filing cutoff: workers with later India EB-3 priority dates generally cannot file an I-485 yet, so they are not counted. Small cells are suppressed, so "Available" is a floor.
The far queue. USCIS's count of approved petitions waiting for a visa (as of June 2026) shows 106,214 India EB-3 primary beneficiaries. Spouses and children are not counted, though each needs a visa number too, and USCIS notes one person can have more than one petition. The two counts can overlap; do not add them.
What sets your wait: how many people (with families) have earlier priority dates, how many EB-3 numbers India-born applicants can use each year under the per-country limit, whether unused numbers from other categories reach EB-3, and how many people ahead switch categories or leave. All four change yearly, so no published figure says when a 2026 priority date will be reached.
One November twist: EB-3 India (2014-01-22) is now later than EB-2 India (2013-11-01), so dates from 2013-11-01 through 2014-01-21 are current in EB-3 but not EB-2. An employer generally files a new EB-3 I-140 and the priority date carries over (general practice; check with your attorney). See our November 2026 Visa Bulletin explainer for EB-2 and EB-3 India.
For the rest of the world, the same inventory showed 17,322 EB-3 I-485s "Available" and 10,549 "Awaiting Availability": a shorter line, but a line.
When can the EB-3 I-140 and I-485 be filed together?
Only when your priority date is current under the chart USCIS names that month. USCIS's concurrent filing page allows it "when there is a visa number immediately available." For November 2026 that means a priority date earlier than the EB-3 Dates for Filing: 2024-08-01 for rest of world, 2024-04-01 for China, 2024-01-01 for the Philippines and 2015-01-15 for India.
A worker whose PERM was filed in January 2026 has a January 2026 priority date, not current anywhere, so the I-140 goes first and the I-485 waits. Concurrent filing mainly helps people who already hold an earlier priority date, for example from a previous employer's approved I-140 (retention under 8 CFR 204.5(e) has exceptions, such as revocation for fraud). Online, a concurrent EB-3 package can be filed only by an attorney or accredited representative (USCIS online filing page); otherwise both forms are mailed together.
A worked EB-3 timeline, starting November 2026
This assumes the queues hold their late-2026 speeds. They will not exactly; every date is our arithmetic, not a forecast.
Table 3. Illustrative EB-3 timeline for a request filed 2026-11-16 (as of 2026-11)
| Step | Illustrative date | What drives it |
|---|---|---|
| Employer files Form ETA-9141 | 2026-11-16 (Monday) | Employer's decision |
| Prevailing wage issued | Around March 2027 | FLAG lag of about 3 to 4 months on 2026-09-30 |
| Recruitment, then PERM filed | Around June 2027; this becomes your priority date | 20 CFR 656.17 timing windows |
| PERM certified, no audit | Around April 2028 | 303-day average (2026-10-21) |
| I-140 filed and approved | Around May 2028 (premium) or late summer 2028 (regular) | 180-day filing limit; 15 business days or 4 months |
| I-485 filed | When a June 2027 date is current under the chart USCIS names | Future bulletins; no one can date this |
The unknown is the last row. In November 2026 the rest-of-world Dates for Filing trails the calendar by about two years and three months; for an India-born worker with identical paperwork, only that row changes, by far more.
How to check where your own EB-3 case stands
- Ask your employer's immigration attorney for the filing dates of your Form ETA-9141 and Form ETA-9089; the PERM date is your priority date, and it also appears on your I-140 notice (Form I-797).
- Compare them with DOL's FLAG processing-times page; a receipt date earlier than the month FLAG is working is running behind.
- Look up your I-140 on the USCIS processing-times tool using the form and office on your I-797C receipt notice.
- Check your country and category in both charts of the Visa Bulletin.
- Confirm which chart USCIS accepts this month on its adjustment filing charts page before anyone prepares an I-485.
- Re-check when the December 2026 bulletin appears (expected mid-November) and after each FLAG update.
What EB-3 timing means for your H-1B or OPT
On H-1B, the long tail of EB-3 is usually spent on extensions. Under 8 CFR 214.2(h)(13)(iii)(D)-(E), a one-year extension past the six-year limit needs a PERM or I-140 filed at least 365 days earlier, and an approved I-140 supports three-year extensions while you wait on visa availability. Because a DOL suspension is not a final denial, revocation or administrative closure, practitioners read a suspended PERM as still supporting those one-year extensions (practitioner analysis, not agency guidance). See H-1B extensions past six years with an approved I-140.
On F-1 OPT or STEM OPT, F-1 is not a dual-intent status. Before an employer starts PERM, ask an immigration attorney how it could affect your next F-1 visa interview or travel, and ask your DSO about anything touching SEVIS or OPT reporting.
On funding, DOL is funded through 2026-12-11 under the current continuing resolution. Unless Congress passes funding by then, DOL's foreign labor certification work (PWDs and PERM) could pause, going by reports of past lapses (precedent, not a DOL announcement). Fee-funded USCIS kept processing during the 2026 DHS-only lapse.
Common mistakes
- Adding processing times and stopping. The DOL and USCIS stages are half the timeline; the Visa Bulletin decides the rest.
- Reading 42.5 months as your I-485 wait. It is the time within which 80% of SCOPS cases finished, and no processing speed gets you approved before your Final Action Date is current.
- Mixing up the charts. Dates for Filing lets you file; Final Action Date lets USCIS approve. Consular cases use only Final Action Dates.
- Letting the PERM lapse. The I-140 must be filed within 180 calendar days of certification.
- Treating December cutoffs or an India year count as fact. The December 2026 bulletin is unpublished, and the age of a cutoff is not your wait.
Frequently asked questions
How long does the EB-3 process take in 2026?
There are two clocks. On DOL and USCIS pages read 2026-11-01, prevailing wage requests received in June 2026 were being decided (as of 2026-09-30), PERM analyst review averaged 303 days (August 2026 row), and USCIS listed 4 months for an EB-3 skilled I-140 and 42.5 or 9.5 months for an employment-based I-485. The steps to an approved I-140 come to about 16 to 21 months without an audit (our arithmetic, not a forecast). Then your priority date must be current, and the November 2026 EB-3 Final Action Date is 2024-06-15 for most countries and 2014-01-22 for India.
How long does EB-3 I-140 processing take?
When we read the USCIS processing-times tool on 2026-11-01 it listed 4 months for an EB-3 skilled worker or professional I-140 and 9 months for EB-3 other workers, meaning 80% of cases were completed within that time. Premium processing on Form I-907 costs $2,965 and asks USCIS to act within 15 business days. Your employer must file the I-140 within 180 calendar days of PERM certification or the certification expires.
How long are the PWD and PERM waits right now?
On DOL's FLAG processing-times page, PERM prevailing wage determinations were at June 2026 receipts as of 2026-09-30. PERM analyst review was at January 2026 priority dates as of 2026-10-21, with a 303-day average in DOL's latest monthly row, August 2026. Audited cases were further back, at December 2025. The next PERM update was expected around 2026-11-06, so check the live page.
How long will EB-3 India take?
No one can give you a reliable number of years. In the November 2026 Visa Bulletin the EB-3 India Final Action Date is 2014-01-22 and the Dates for Filing is 2015-01-15. USCIS counted 13,364 India EB-3 I-485s awaiting a visa number as of 2026-10-05, and 106,214 India EB-3 primary beneficiaries with approved petitions were waiting as of June 2026, so your wait depends on how many people with earlier priority dates, plus their families, are ahead of you and on future bulletins.
Can the EB-3 I-140 and I-485 be filed together?
Yes, but only when a visa number is immediately available, which means your priority date is current under the chart USCIS names for that month. For November 2026 USCIS requires the Dates for Filing chart, which is 2024-08-01 for EB-3 rest of world, 2024-04-01 for China, 2024-01-01 for the Philippines and 2015-01-15 for India. A worker whose PERM was filed in 2026 is not current, so the I-140 goes first and the I-485 waits.
Sources
- DOL: FLAG processing times
- USCIS: processing-times tool, adjustment filing charts, concurrent filing, forms available to file online, I-485, Supplement J, premium processing, G-1055 fee schedule, PA-2026-05, PM-602-0199
- USCIS data: EB I-485 inventory, October 2026, approved petitions awaiting visas, I-140 FY2026 Q3
- State Department: Visa Bulletin
- Regulations: 20 CFR 656.17, 656.30, 656.40, 8 CFR 204.5, 8 CFR 214.2; OIRA concluded reviews
- Law-firm summaries: Fragomen and Ogletree on the November 2026 bulletin; Mayer Brown on the PERM suspension
How we checked this: on 2026-11-01 we read the FLAG page, the USCIS processing-times tool, chart, concurrent-filing, online-filing and Supplement J pages, the G-1055 fee schedule, the October 2026 inventory and other USCIS data spreadsheets, and the cited regulations, and cross-checked November 2026 bulletin values against law-firm summaries because travel.state.gov blocks automated reads.
This is general information, not legal or tax advice. Your own receipt notices, priority date and your immigration attorney's advice govern, and anything touching F-1, OPT or SEVIS belongs with your DSO.
If you are on OPT, STEM OPT or H-1B and want employers that sponsor green cards as well as visas, F1Jobs can help you run a focused search.
Frequently asked questions
How long does the EB-3 process take in 2026
There are two clocks. On DOL and USCIS pages read 2026-11-01, prevailing wage requests received in June 2026 were being decided (as of 2026-09-30), PERM analyst review averaged 303 days (August 2026 row), and USCIS listed 4 months for an EB-3 skilled I-140 and 42.5 or 9.5 months for an employment-based I-485. The steps to an approved I-140 come to about 16 to 21 months without an audit (our arithmetic, not a forecast). Then your priority date must be current, and the November 2026 EB-3 Final Action Date is 2024-06-15 for most countries and 2014-01-22 for India.
How long does EB-3 I-140 processing take
When we read the USCIS processing-times tool on 2026-11-01 it listed 4 months for an EB-3 skilled worker or professional I-140 and 9 months for EB-3 other workers, meaning 80% of cases were completed within that time. Premium processing on Form I-907 costs $2,965 and asks USCIS to act within 15 business days. Your employer must file the I-140 within 180 calendar days of PERM certification or the certification expires.
How long are the PWD and PERM waits right now
On DOL's FLAG processing-times page, PERM prevailing wage determinations were at June 2026 receipts as of 2026-09-30. PERM analyst review was at January 2026 priority dates as of 2026-10-21, with a 303-day average in DOL's latest monthly row, August 2026. Audited cases were further back, at December 2025. The next PERM update was expected around 2026-11-06, so check the live page.
How long will EB-3 India take
No one can give you a reliable number of years. In the November 2026 Visa Bulletin the EB-3 India Final Action Date is 2014-01-22 and the Dates for Filing is 2015-01-15. USCIS counted 13,364 India EB-3 I-485s awaiting a visa number as of 2026-10-05, and 106,214 India EB-3 primary beneficiaries with approved petitions were waiting as of June 2026, so your wait depends on how many people with earlier priority dates, plus their families, are ahead of you and on future bulletins.
Can the EB-3 I-140 and I-485 be filed together
Yes, but only when a visa number is immediately available, which means your priority date is current under the chart USCIS names for that month. For November 2026 USCIS requires the Dates for Filing chart, which is 2024-08-01 for EB-3 rest of world, 2024-04-01 for China, 2024-01-01 for the Philippines and 2015-01-15 for India. A worker whose PERM was filed in 2026 is not current, so the I-140 goes first and the I-485 waits.