Enigma368

You do need to be skilled to get an EB3 I think? You need a degree, right?

To answer your overall question - why do people/companies pursue H1B option which takes 6 months and is subject to a lottery over a Green Card that might only take 12 months and has no lottery?

I think there are multiple factors:

1) The 12 months timeframe is only for nationals of certain countries. If you are from India, Philippines, China or Mexico, then EB3 actually takes several years, so H1B is obviously then the better option for them. No company is going to wait several years for a new hire. Don't forget that most(90%?) H1B applicants are Indians, and an EB3 can take up to 10-15 years for them.

2) Paperwork. From what I have read, there is A LOT more paperwork/legwork for a company to hire someone on EB2/EB3 over a H1B. They need to prove clearly that they cannot find a US citizen to do the job and they need to be quite diligent to prove this, they have to interview people locally and provide interview notes etc. It is a lot of work for a company over just applying for a H1B.

3) Interestingly, it seems the cost, including lawyer fees is roughly the same for EB2/EB3 as H1B (around $10k all in). My research on this may be wrong as it seems strange that lawyers would not charge more for the EB2/EB3 given it seems to have a lot more paperwork involved.

4) As someone mentioned, once an employee has a green card, they can leave the company and go work anywhere. With H1Bs you can transfer, but it is not as easy. How many companies are going to sponsor someone for a green card from the getgo when they have no way to know if the employee will stay?

5) 12 months is still double the 6months a H1B would take. Waiting 6 months for a new hire is one thing but waiting 12 months...

Ricky_85

I did see your link, and it says also to visit the official Visa bulletin website. That's where I saw the dates (07-15-15) in the first place, also for the 'other worker' category. And I didn't find anywhere else that specify how much time to precess that EB3

Enigma368

There is no official processing time which is why they don't publish it. Most people it takes around 9-12 months from what I can tell(if not from one of the 4 countries listed in my prev post ofc). If there is a problem with your application or it attracts additional screening, it can take longer.

I really think you will find it difficult/impossible to find someone who will sponsor you for a green card unless you have a relationship with them already. It is a big undertaking for a company.

Also what is your nationality?

Ricky_85

I'm from Europe.
Anyway this link Texas Service Center Processing Times | USCIS Processing Times
explains that the processing time is the same (4 months) for unskilled workers EB3 as well, form I140.

Enigma368

Well I-140 is only one of the three steps required for EB-3. Don't forget, the first step (PERM/Labor) can take some months and requires your employer to place ads in local newspapers and interview local US applicants among others things. The I-140 forms and I-145 forms can then be filed once PERM is completed.

I can assure you that is there is no published timeframe as to how long the entire process takes but from what people have posted online, it seems to take between 8-12 months from start to finish, with most people closer to the 12 months.

Orangepants

Its definitely not as simple as you think it is. For example when my OH's company put the advert out for his job, they received about 300 applications. About 250 were not qualified, they had to document the remaining 50 and interview 10 and justify why they didn't hire those persons. Not many companies will go through this unless you are special. PERM at that time was taking a couple of years.

Do not underestimate the issues there are in applying for a green card.

SarahG

From start to finish the EB2 application for my husband took 2 years. The EB2 category has been "current" pretty consistently for the last few years. The USCIS may list processing times but personally I would take them with a grain if salt. It said I-140 were being processed in 4 months at TSC but in actuality it took closer to 6 months.

Enigma368

2 years seems much longer than usual. Did he file I-140 and I-145 concurrently and immediately after PERM was approved? I am assuming he didn't use premium processing for I-140?

SarahG

Filed concurrently and no premium processing. The 2 years covers everything that was done. From employers getting lawyer on board, getting papers ready, getting letters from previous employers to confirm qualifications and experience, degree evaluation, recruitment, PERM, RFE etc.

Ricky_85

Thanks. But as I pointed out, if you know personally an American company, they might go thru a lot of paperwork, the Labor regulations (job ads etc.) and spend a lotta money but at the end for the EB3 other workers visa there are less requirements than, say, the J, H1B or even F student.
And you get a green card, for basically nothing. That's my point.

mikelincs

You are totally missing the point, visa processing will start, for all the varieties of EB3 at the same time, however for unskilled workers this will, in the words of the link, 'take many years' For skilled workers it is less, but the company may well not like to do that because once the person has got a 'green card' then they can move elsewhere, even the next day. Most companies will want to apply for a visa which will ensure that they do get some work out of the employee before they get the green card and leave for another company. This why companies do not go down that route often, and remember that the visa that is applied for is down to the company, not you.

christmasoompa

Where are you getting this info from Mike? I've never heard it before, the 'years wait' is usually due to the queue to get to the processing point, but all apps are usually processed in the same timescale (roughly) once they reach the front of the queue.

Can you link to some info that says the actual processing takes years for those of us that aren't aware of it?

Thx.

mikelincs

See link in post #11

christmasoompa

That's not referring to processing time though, it specifically says 'a long backlog exists for visas' i.e. the queue to be put in to processing. And there was a long backlog until last year, so as I mentioned above, I think that's just out of date a bit. It then directs you to the Visa Bulletin, which is updated every month and which states there is only a 3-4 month wait for a visa to become available for unskilled workers.

I can't find anything that says the actual processing will take longer for unskilled workers on that page?

Ricky_85

I guess Christmasoompa is right, even though we don't have detailed info for both arguments