Employment-Based Green Card Processing Times: All You Need to Know (2024)
How long does it take to obtain my green card? This is a common question people ask, often even before understanding the requirements for their specific green card category.
Many highly skilled foreign workers in the US aim for green card categories such as EB1, EB2, and EB3. In this blog, we will focus on discussing the processing time for obtaining these employment-based green cards, without considering any existing backlogs. Let’s begin.
Overview of the EB Green Card Process
If you are applying for employer-sponsored green card categories such as EB2 and EB3, the process involves:
- Gathering documentation to meet the green card requirements.
- Obtaining PERM labor certification, including determining prevailing wage and conducting a US labor market test.
- Submitting the I-140 application along with the required documentation to the USCIS.
- Filing the I-485 adjustment of status application with the USCIS (once your priority date is available).
Upon approval of the I-485 application, you will receive your green card.
However, if you pursue self-petition green card options like EB2-NIW or EB1A, you can skip the lengthy PERM process, as these green card categories do not require labor certification.
Green Card Processing Time
Here are the steps to obtain your green card and its processing time for 2024 (end of Quarter 1). It’s important to note that this historical processing time cannot be directly compared with the case processing time webpage on the USCIS website due to differences in methodologies.
1. Gathering Evidence to Meet Green Card Criteria
Each green card category has its own set of requirements for qualification. Both the beneficiary and sometimes the employer must collect evidence to demonstrate eligibility for the green card. This process can span several weeks or months.
For self-petitioning green cards such as EB1A, creating an EB1A profile from scratch typically takes an average of 1.5-2 years.
However, with the assistance of Smart Green Card VIP plans, individuals can craft their EB1A profile in an average of six months or less.
2. PERM Labor Certification Process
To submit a PERM application with the Department of Labor, the employer must conduct recruitment for US workers and obtain a prevailing wage determination from the DOL. Let’s explore the steps in obtaining the labor certification.
Prevailing Wage Determination: Initially, the employer must secure a prevailing wage determination from the Department of Labor9DOL) to ensure that the employer offers a minimum wage to a foreign worker based on their job role and location.
As of 2024, the average processing time for obtaining a prevailing wage determination from the DOL is 6.1 months, which has tripled since 2016.
US Labor Market Test: After the employer receives the prevailing wage determination, they proceed with the US labor market test, which involves advertising the job opening to qualified US workers. This step demonstrates the employer’s commitment to considering US citizens or permanent residents before hiring a foreign national for the position.
As of 2024, the average time required to conduct these labor tests was 6.2 months. This contrasts with 2016, when the process took only 4.3 months.
Labor Certification: After completing the initial steps, the employer should submit a PERM application to the Department of Labor for labor certification. The primary goal of labor certification is to ensure that there are no qualified local workers available for the intended position to be filled by a foreign worker.
The average processing time for labor certification in 2024 is 1 year, doubling since 2016. This means the entire PERM process, from prevailing wage determination to labor certification, takes an average of 2 years.
However, the EB1A green card processing time varies as it doesn’t require labor certification, avoiding the lengthy and intricate PERM process. You can directly submit your EB1A petition to the USCIS.
I-140 Processing Time
After obtaining the labor certification, the employer should submit Form I-140 along with supporting documentation and the labor certification to the USCIS.
You receive approval for Form I-140 once you meet the specific eligibility requirements for the green card.
In 2024, the average green card processing time for the I-140 application was 6.6 months. During this stage, the employer can expedite the green card process by requesting a premium processing service for an additional fee.
With the premium processing request, the petitioner can expect to receive the outcome of the beneficiary’s I-140 application within 15 days (without requests for further evidence).
Processing Time for I-485 Application
If you are living in the US, it’s important to submit your I-485 application to the USCIS, once your priority date becomes available. In 2024, the average USCIS processing time for the I-485 application was 6.4 months.
Once your I-485 application is approved, you will receive your green card.
Conclusion
According to USCIS data as of the end of Quarter 1 in 2024, the average green card processing time was 3.1 years, significantly longer than the 2016 processing time of 1.6 years (without premium processing and backlogs).
However, the EB1A green card offers quicker processing since it doesn’t require labor certification, bypassing the entire PERM process. Moreover, compared to the EB2 and EB3 green card categories, EB1A has shorter green card wait times for India, and its final action moves faster in monthly visa bulletins.
For Indians seeking a faster path to US permanent residency, EB1A is an ideal choice. If you need assistance and support in constructing an EB1A profile, explore Smart Green Card VIP.
- SGC
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