Introduction
Millions of immigrants and their families and employers are struggling to get a Green Card through the EB-3 visa category. Trying to follow the priority dates and how they affect an immigrant’s processing to get a Green Card to become a legal permanent resident can be very confusing. If you are wondering how your priority dates affect your processing to get a Green Card, the information on this page will be very helpful in understanding how your priority dates can affect your situation.
Define the EB-3 Visa and Its Priority Date
I have had the opportunity to process applications for family members of employees who are planning to apply for an EB-3 Visa. There are three different categories of workers that are eligible to apply for an EB-3 Visa:
- Skilled workers
- Professionals
- Unskilled workers
To begin processing an application for a family member of an employee, we first need to obtain an EB-3 visa priority date by having the U.S. Department of Labor receive the labor certification application or by having USCIS receive the immigrant petition. The EB-3 visa priority date is the date when the labor certification application or the immigrant petition was received by the Department of Labor or by USCIS. This date is very important because it determines the order in which the applications will be processed by the Department of State in order to issue the Green Cards. This date also is a cap on the number of visas that can be granted to workers from a particular country in a particular year.
As of now, the current India filing cut-off date for the Employment-Based third preference category is December 15, 2013. Therefore, the June 2026 filing date would be January 15, 2015. It is possible to use the current employer’s immigrant petition to apply for a status adjustment when an employee changes employers and transfers to a different Employment-Based category while his/her current status is still valid.
It is also important to track the Visa Bulletin every month because the Bulletin contains the key dates and the number of visas available for each country. We inform our clients when it is time to apply for a Green Card based on the current EB-3 visa priority date and other relevant information. According to USCIS statistics for FY 2025, the approval rate for EB-3 petitions was 97.7%, which means that most of the applications were approved and the applicants obtained the Visa.
Explain How Priority Dates Are Established and Used
To understand Employment Visa Timelines, we must first recognize that Department of Labor approval of the PERM application generally marks the beginning of the processing timeline for most EB-3 applicants. Understanding the Department of State’s published monthly Visa Bulletin for the employment-based visa categories will be helpful for all interested parties as it details processing timeliness for various categories and provides insight to ranking time as to projected time when Priority Date will become ‘current’ so that applications for permanent resident processing (‘green card’) can be ‘filed’ by the applicant in appropriate regional or worldwide chargeability category.
Advanced cut-off dates for EB-3 skilled workers for employment-based, third-preference visa applications are current in all regions except for China and India. China cut-off dates for EB-3 skilled workers have recently advanced to August 1, 2021 while cut-off dates for India remain at December 15, 2013. The annual employment-based, visa caps are set at 140,000 per year. Additionally, per-country caps also apply for the distribution of employment-based green cards. This often affects countries with large number of workers qualified and interested in submitting applications such as China and India.
Also it would be very helpful to know how long it will take to process applications from countries with less applications than countries like India and China. This will help applicant(s) to know what to expect during their long journey to USA.
For your reference below is an example scenario where a couple (from India) used cross chargeability to file for their Green Cards more quickly than they would have were they filing from India:
In summary, knowing the Employment Visa Timelines will unlock your way to the US!
Discuss the Impact of Priority Dates on Visa Processing
My last few posts have discussed the plight of folks from high-demand countries such as India and China waiting for a Permanent Resident Card, or green card, while stuck in US immigration limbo. I am a US immigration attorney, and it can be really difficult for people to plan their future while stuck in limbo awaiting their eligibility to proceed to apply for a green card. Furthermore, there is nothing more frustrating than to have your date move up only to go backwards.
When does my eb3 visa priority date become current? When your eb3 visa priority date becomes current you can then submit your adjustment of status application (Form I-485 to USCIS) or process immigrant visa processing at a U.S. embassy or consulate. This is in contrast to being placed on a waiting list for the annual limit for a particular category to become available for processing in the following fiscal year.
Indeed, the annual limit for the EB-2 category for India has long since been reached for the fiscal year 2026 and will not be available for the remainder of the year. Thus, those presently classified as EB-2 India should proceed with processing as EB-3s using their eb3 visa priority date to be current.
Lastly, the Visa Bulletin dates can sometimes go backwards or regress. Recently, the cutoff date for EB-1 India retrogressed to October 15, 2022. Thus, it is really critical that individuals and their attorney’s are current with the latest information to assist in making the best decisions in order to reach their goal of being a future US citizen and go home to be with their loved ones.
As the US Department of State stated on June 17, 2015, “Individuals seeking to file applications for adjustment of status with the USCIS in July 2015 must use the Final Actions Dates chart below.”
Address Common Challenges and Misconceptions About Priority Dates
Note a few misconceptions about the timelines for the entire Green Card process for the approval of the visa application itself. The wait times for approvals of the latter are subject to the supply and demand for visits to particular countries and can change at any time. Many mistake that even if most of the portions of a Green Card application process are current, one would be given priority over others that are also current. On average, it takes 13.2 months for employment-based Green Card applicants to receive a Green Card for those proceeding with the process.
There are many Green Card applicants who wrongly believe that USCIS will take into consideration an applicant’s circumstances when ranking their Green Card application’s timeline. No, the EB-3 visa priority date that is used to rank all the pending Green Card applications is based strictly on the filing date of the labor certification (if it was filed out separately from the immigrant petition) or the date that the underlying immigrant petition was filed. This key bit of information will allow you to plan your time through the treacherous process of trying to get a Green Card with great success. For example, in the first half of FY 2025, an astonishing 98% of the EB-3 visa applications that were processed were approved.
Conclusion
Understanding your Priority Date is key to moving forward with your EB-3 green card application. Understanding your Priority Date will help you better understand how your Green Card application is processing and give you a sense of when you will receive your Green Card.
The majority of our current clients are processing through the EB-3 category. In order to fully understand your Green Card process and receive a Green Card, it is essential to learn about your Priority Date and how it works. This video will explain:
- Who is eligible for the EB-3 category
- How to follow the Visa Bulletin
- The challenges that Chinese and Indians face when trying to process through the EB-3 category
- A few myths about Priority Dates
The EB-3 approval rate for petitions is extremely high. Therefore, it is crucial for individuals going through this process to have as much information as possible in order to obtain the best results. With the right information, individuals can feel confident that they can obtain a Green Card and become a permanent resident of the United States.
It is always very important to keep up to date on current Priority Dates and on all of the rest of the processes in place currently within U.S. immigration. For individuals who are legal permanent residents, or for that matter, legal immigrants of any status, it would be wise to speak with an immigration attorney who can provide the assistance needed in achieving their goals for immigration to the U.S. Our team of experienced and skilled immigration attorneys at the Law Offices of Christopher D. Smith provide competent and quality service to our valued clients, with service provided in both English and Spanish, and we accept all major payment methods to best suit the needs of our clients. Contact us today to speak with an experienced immigration attorney and to help achieve your immigration goals.
Frequently Asked Questions
What is the EB-3 Visa?
The EB-3 Visa is an employment-based visa that allows three categories of workers to apply: skilled workers, professionals, and unskilled workers.
How is the EB-3 visa priority date determined?
The EB-3 visa priority date is established when the U.S. Department of Labor receives the labor certification application or when USCIS receives the immigrant petition.
Why is the priority date important?
The priority date is crucial because it determines the order in which applications are processed by the Department of State for Green Card issuance and sets a cap on the number of visas granted to workers from a specific country each year.
What is the current filing cut-off date for the EB-3 Visa for India?
The current India filing cut-off date for the Employment-Based third preference category is December 15, 2013.
Can an employee change employers while applying for an EB-3 Visa?
Yes, it is possible to use the current employer’s immigrant petition to apply for a status adjustment when an employee changes employers, provided their current status is still valid.
How often should one check the Visa Bulletin?
It is important to track the Visa Bulletin every month, as it contains key dates and the number of visas available for each country.
What is the approval rate for EB-3 petitions according to USCIS statistics for FY 2025?
The approval rate for EB-3 petitions was 97.7%, indicating that most applications were approved and applicants obtained the Visa.
List of Sources
- Define the EB-3 Visa and Its Priority Date
- EB-3 Priority Dates India: July 2026 Visa Bulletin Update (https://manifestlaw.com/blog/eb3-priority-dates-india)
- July 2026 Visa Bulletin: Check Your Green Card Priority Date (https://immigrationdirect.com/blog/monthly-visa-bulletin-guide)
- U.S. Employment-Based Immigration Policy (https://congress.gov/crs-product/R47164)
- Department of State Releases March 2026 Visa Bulletin: Key Employment-Based Filing Opportunities and Priority Date Movement (https://eb5insights.com/2026/02/25/department-of-state-releases-march-2026-visa-bulletin-key-employment-based-filing-opportunities-and-priority-date-movement)
- BIG RELIEF FOR INDIANS: EB-2 AND EB-3 DATES MOVE FORWARD SIGNIFICANTLY IN APRIL 2026 VISA BULLETIN - Reddy Neumann Brown PC (https://rnlawgroup.com/big-relief-for-indians-eb-2-and-eb-3-dates-move-forward-significantly-in-april-2026-visa-bulletin)
- Explain How Priority Dates Are Established and Used
- Visa Bulletin and Priority Dates Made Easy - Murthy Law Firm | U.S Immigration Law (https://murthy.com/2026/06/01/visa-bulletin-and-priority-dates-made-easy)
- July 2026 Visa Bulletin Released - Erickson Immigration Group (https://eiglaw.com/july-2026-visa-bulletin-released)
- June 2026 Visa Bulletin - Latest Update (https://boundless.com/blog/visa-bulletin)
- July 2026 Visa Bulletin Issued: Final Action Dates Will Apply for EB Matters for the Third Month in a Row; Minor Forward Movement and Some Retrogression in the EB-1, EB-2, and EB-3 Categories | Tafapolsky & Smith LLP (https://tandslaw.com/july-2026-visa-bulletin-issued-final-action-dates-will-apply-for-eb-matters-for-the-second-month-in-a-row-minor-forward-movement-and-some-retrogression-in-the-eb-1-eb-2-and-eb-3-categories)
- Discuss the Impact of Priority Dates on Visa Processing
- June 2026 Visa Bulletin - Latest Update (https://boundless.com/blog/visa-bulletin)
- US Department of State Releases July 2026 Visa Bulletin (https://morganlewis.com/pubs/2026/06/us-department-of-state-releases-july-2026-visa-bulletin)
- April-June 2026 Visa Bulletin Shifts Impact Employers Update (https://clarkhill.com/news-events/news/april-june-2026-visa-bulletin-eb2-eb3-uscis-update)
- July 2026 Visa Bulletin: India Faces More Headwinds While EB-5 Set-Asides Remain Open - WR Immigration (https://wolfsdorf.com/july-2026-visa-bulletin-india-faces-more-headwinds-while-eb-5-set-asides-remain-open)
- Address Common Challenges and Misconceptions About Priority Dates
- April-June 2026 Visa Bulletin Shifts Impact Employers Update (https://clarkhill.com/news-events/news/april-june-2026-visa-bulletin-eb2-eb3-uscis-update)
- EB-3 Visa Statistics 2026: Approval Rates & Wait Times | Alma (https://tryalma.com/learn/eb3-visa-statistics)
- Visa Bulletin and Priority Dates Made Easy - Murthy Law Firm | U.S Immigration Law (https://murthy.com/2026/06/01/visa-bulletin-and-priority-dates-made-easy)
- Priority Dates, Dates for Filing, and Final Action Dates: An Intro to the Visa Bulletin for Adjustment of Status Applicants (https://aila.org/blog/priority-dates-dates-for-filing-and-final-action-dates-an-intro-to-the-visa-bulletin-for-adjustment-of-status-applicants)
