Why is the EB3 Visa waiting time for skilled workers faster than for other workers?

  • Minh Lê
  • 26/02/2026
  • Chương trình EB-3: Lao động tay nghề
Why is the waiting time for EB-3 Skilled Worker visas faster than for Unskilled Workers?
Why is the waiting time for EB-3 Skilled Worker visas faster than for Unskilled Workers?

In the U.S. employment-based immigration system, the EB3 Visa is one of the most popular pathways for foreign workers to obtain a Green Card. However, not all applicants within the same EB3 category share the same waiting time. In practice, skilled workers tend to have their applications processed and their visas approved significantly faster than other workers. So what causes this difference? The article below from Newland USA takes a comprehensive look at the key factors that determine the EB3 Visa waiting time for each group, giving readers a clearer picture before choosing the right immigration pathway.

1. Overview of the EB3 Visa and its subcategories

The EB3 Visa falls under the third preference category in the U.S. employment-based immigration system. This is a program that allows U.S. employers to sponsor foreign workers for long-term employment and permanent residency in the United States through the issuance of a green card. According to U.S. Citizenship and Immigration Services (USCIS), the EB3 Visa category is divided into three main subcategories:

The first subcategory is Skilled Workers (also referred to as E3). These are individuals capable of performing jobs that require at least two years of training or experience, and are not temporary or seasonal in nature. Positions in this group include factory workers, automotive mechanics, medical technicians, professional chefs, and many other roles that require a certain level of expertise.

The second subcategory is Professionals, which includes individuals who hold a bachelor’s degree or its equivalent from a U.S. institution. Their jobs require at least a university-level education — for example, engineers, architects, teachers, or physicians.

The third subcategory is Other Workers (also referred to as EW). This group covers individuals performing jobs that require less than two years of training or experience. Typical positions include casino staff, home caregivers, food processing workers, cleaning staff, and agricultural laborers.

The key point to note is that although all three subcategories fall under the same EB3 Visa category, the waiting times differ significantly between skilled workers and other workers. This gap stems from several structural factors embedded in the U.S. government’s visa allocation policies.

2. Annual visa quota differences – The core factor driving waiting times

The most important reason behind the significant difference in EB3 Visa waiting times between the two groups lies in how the annual visa quota is allocated. Under the Immigration and Nationality Act (INA), the U.S. government issues approximately 140,000 employment-based visas each fiscal year. Of those, the EB3 category receives 28.6% of the total, which amounts to roughly 40,000 visas per year.

However, it is the split within the EB3 category that creates the real difference. Skilled workers and professionals together share the majority of the quota — approximately 30,000 visas. Meanwhile, other workers are capped at a maximum of 10,000 visas per year — including both the primary workers and their accompanying family members (spouse and children under 21). This means that if a family of four — the worker, a spouse, and two children — submits an application, they will use up four of those 10,000 slots allocated for other workers.

With such a limited quota, the demand for visas in the other worker category typically far outpaces the available supply. The direct result is that the EB3 Visa waiting time for the EW group is stretched considerably longer compared to skilled workers. According to data from the U.S. Department of State’s Visa Bulletin, the current priority date cutoff for other workers has regressed to December 2021, while skilled workers’ priority dates advance at a much faster pace.

The number of visas allocated to skilled workers is significantly higher than for unskilled workers.
The number of visas allocated to skilled workers is significantly higher than for unskilled workers.

3. The 7% per-country cap rule and its impact on each group

In addition to the overall quota, another factor that significantly affects the EB3 Visa waiting time is the 7% per-country cap rule. Under this rule, no single country may receive more than 7% of the total employment-based visas in any given fiscal year. This rule applies equally to all countries, regardless of their population size or the number of visa applications submitted.

For the other worker group, this rule creates a serious “bottleneck” effect. For example, with the 7% cap applied to the 10,000 other worker visas, each country can receive a maximum of roughly 700 EW visas per year. For countries with large numbers of applicants — such as India, China, or Vietnam — this number is far short of actual demand, causing applications to pile up and processing times to stretch for years.

By contrast, skilled workers and professionals have a quota nearly three times larger (approximately 30,000 visas). As a result, even with the 7% per-country cap applied, the number of available visas for each country in this group remains substantially higher, helping to shorten the EB3 Visa waiting time. Furthermore, skilled workers also benefit from the “spillover” mechanism — meaning unused visas from the EB-1 and EB-2 categories are redistributed to the EB3 category. However, these spillover visas are primarily allocated to skilled workers and professionals first, widening the gap between the two groups even further.

4. Supply-demand imbalance: Why other workers are always overloaded

Another reason the EB3 Visa waiting time for other workers is consistently longer is the severe imbalance between supply and demand. The other worker group has lower eligibility requirements — no advanced degree or many years of specialized experience required — which means a much larger pool of people qualify to apply. Positions like casino staff, sanitation workers, farm laborers, or restaurant employees attract tens of thousands of applicants globally each year.

In contrast, skilled workers must have at least two years of relevant training or specialized experience, which naturally filters and significantly reduces the applicant pool. When the number of applicants is smaller relative to the available visa quota, priority dates advance faster and the EB3 Visa waiting time for skilled workers is notably shorter.

According to data from the U.S. Department of Labor (DOL), as of mid-2025, approximately 167,400 PERM (labor certification) applications were pending. A significant portion of these belong to the other worker category, reflecting the intense competition within this segment. The PERM backlog also indirectly extends the entire EB3 visa application process for the EW group.

5. Real-world waiting time comparison between the two groups via the Visa Bulletin

To better understand the difference in EB3 Visa waiting times, we need to look at real data from the Visa Bulletin — the monthly publication released by the U.S. Department of State. This bulletin provides information on the current priority date cutoffs for each visa category, allowing applicants to know when they can proceed to the next steps.

According to the January 2026 Visa Bulletin, for most countries worldwide (excluding India and China), skilled workers and professionals in the EB3 category have priority dates backed up by approximately 24 months. Meanwhile, the other worker group has a cutoff date of December 1, 2021 — meaning only applications filed before December 2021 are eligible to move forward. This gap indicates that other workers must wait at least two to three years longer than skilled workers.

For countries with especially high application volumes like India, the situation is even more severe. The priority date for Indian other workers has regressed all the way to August 2014 — translating to a waiting period of over 10 years. For China, the EW priority date is stuck at October 2018, equivalent to roughly seven years of waiting.

These figures clearly demonstrate that the EB3 Visa waiting time depends heavily on which subcategory an applicant falls under. Skilled workers hold a significant advantage thanks to a larger quota and fewer competing applicants compared to the other worker group.

Due to the relatively accessible requirements, a large number of applicants have entered the skilled worker category, which has caused the waitlist to grow considerably.
Due to the relatively accessible requirements, a large number of applicants have entered the skilled worker category, which has caused the waitlist to grow considerably.

6. The role of PERM labor certification and the I-140 process in total processing time

Beyond the Visa Bulletin waiting period, the entire EB3 Visa application process also involves two other critical stages: PERM labor certification and the I-140 petition. Both of these stages contribute to the overall EB3 Visa waiting time that workers must go through.

The PERM stage requires U.S. employers to demonstrate that they made genuine efforts to recruit domestic workers but were unable to find a qualified candidate. This process involves posting job listings, interviewing domestic applicants, and submitting documentation to the Department of Labor. PERM processing times currently average between 10 and 18 months, and can be extended even further if the application is selected for audit.

Once PERM is approved, the employer files an I-140 petition with USCIS. Processing time for this petition currently runs from approximately 6 to 13 months under the standard process. However, employers can opt for premium processing at an additional fee of around $2,805 to receive a decision within 15 business days.

An important point to emphasize is that while the PERM and I-140 processes apply similarly to both skilled workers and other workers, the Visa Bulletin waiting period is where the real gap emerges. Skilled workers who have completed PERM and I-140 can typically move to the final step more quickly, because their priority dates advance more favorably. Other workers, even after receiving PERM and I-140 approval, may still need to wait several more years for their priority date to become current.

In total, from the start of the PERM process to the receipt of a green card, skilled workers typically take around 2–3 years. By contrast, other workers may need to wait 4 years or more — in some cases up to 10 years, depending on their country of birth.

7. Reform outlook: The Dignity Act and its impact on waiting times

Recognizing the shortcomings of the current EB3 visa quota system, a number of U.S. lawmakers have proposed reform legislation aimed at reducing the backlog. One of the most notable proposals is the Dignity Act, introduced in July 2025 by Representative Maria Salazar.

Under this proposal, accompanying family members (spouse and children) would no longer count against the 10,000-visa cap for other workers. If passed, this change could significantly increase the number of visas actually available for primary workers, thereby shortening the EB3 Visa waiting time for the EW group. However, as of now, the bill is still under consideration in Congress and has not yet taken effect.

In addition, the spillover mechanism — where unused visas from the EB-1 and EB-2 categories are redistributed to EB3 — also offers some hope. In years when the EB-1 and EB-2 categories do not use their full quotas, the remaining visas flow down to EB3, expanding supply. For example, in fiscal year 2023, approximately 57,000 unused family-based visas were redirected to employment-based categories, raising the total number of employment-based visas to nearly 200,000. However, spillover visas are typically prioritized for skilled workers and professionals before reaching the other worker group.

Skilled workers currently hold significant advantages over unskilled workers.
Skilled workers currently hold significant advantages over unskilled workers.

8. Key notes for Vietnamese workers considering the EB3 Visa pathway

For Vietnamese nationals exploring the EB3 Visa as a pathway to settling in the United States, understanding the difference between skilled workers and other workers is essential. Below are some practical points to keep in mind:

If you already have at least two years of experience or training in a specific trade or profession, consider applying under the skilled worker category rather than the other worker category. The EB3 Visa waiting time for skilled workers is significantly shorter, which means you can reach your immigration goals faster.

At the same time, make sure to monitor the monthly Visa Bulletin on the official website of the U.S. Department of State (travel.state.gov) to stay updated on current priority dates. Staying on top of this information will help you plan your application timeline proactively and move through the immigration process more efficiently.

Finally, make sure to work with a reputable employer sponsor and an experienced immigration consulting team. The EB3 Visa application process requires close coordination between the worker and the sponsoring employer, and any mistakes in the PERM or I-140 stage can add unnecessary months to the wait.

9. Conclusion

In summary, the EB3 Visa waiting time differs significantly between skilled workers and other workers, and the gap is primarily driven by three key structural factors: an unequal visa quota (30,000 vs. 10,000), a severe supply-demand imbalance, and the 7% per-country cap rule. These structural factors leave the other worker group facing waiting times that are often several years longer than those experienced by skilled workers.

Understanding these differences not only helps applicants make informed decisions when choosing their immigration pathway, but also allows them to set realistic expectations and plan their finances accordingly. Regardless of which EB3 subcategory you fall under, thorough preparation of your application, regular monitoring of the Visa Bulletin, and support from a trusted immigration expert will be the keys to making your journey to U.S. permanent residency as smooth as possible.

Newland USA, with our team of experienced professionals and our guiding philosophy of “Settled with Stability – Prosperous for Life,” is ready to advise and support you through every step of the EB3 immigration process. Contact Newland USA today via our hotline 0785591988 or by email at newsletter@newlandusa.asia for a free, detailed consultation.

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