As an expert in immigration law, I understand that the question pertains to the process of obtaining an employment-based visa in the United States, specifically the I-140 petition, which is the Immigrant Petition for Alien Worker. The I-140 petition is a crucial step in the path to obtaining a green card for employment-based immigrants. The process can be complex and the timeline for reaching the point of filing the I-140 can vary significantly based on a number of factors, including the individual's qualifications, the job market, and the specific employment-based preference category.

**Step 1: Understanding the Employment-Based Immigration Process**

The U.S. employs a preference system for employment-based immigration, categorized into five groups:


1. EB-1: Priority Workers, which includes individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.

2. EB-2: Individuals with Advanced Degrees or Exceptional Ability, requiring a higher education degree or its equivalent, and individuals with exceptional ability in the sciences, arts, or business.

3. EB-3: Skilled Workers, Professionals, and Other Workers, which includes skilled workers with at least two years of experience, professionals with a U.S. bachelor's degree or foreign equivalent, and unskilled workers.

4. EB-4: Special Immigrants, such as religious workers and certain employees of international organizations.

5. EB-5: Immigrant Investors, who invest a significant amount of money in a commercial enterprise that will create full-time jobs for at least ten qualified U.S. workers.

The process to reach the I-140 stage involves several steps:

- Job Offer and Sponsorship: An employer must offer a job to a foreign worker and agree to sponsor them for a green card.
- PERM Labor Certification: For most employment-based categories, the employer must obtain a PERM labor certification from the Department of Labor, proving that there are no qualified U.S. workers available for the job.
- Filing the I-140 Petition: Once the PERM is approved, the employer can file the I-140 petition with the U.S. Citizenship and Immigration Services (USCIS).

**Step 2: Timeline for Filing the I-140 Petition**

The timeline for reaching the I-140 stage can be broken down into several parts:

- PERM Labor Certification: As mentioned, this process can take about 3 months from the date of filing, although it can vary based on the specific job and the completeness of the application.
- I-140 Processing Time: Regular processing for the I-140 can take about 3 to 4 months, while premium processing can significantly reduce this time to 2 to 3 weeks.

It's important to note that these are general timeframes and actual processing times can be affected by various factors such as the workload of the USCIS office, the complexity of the case, and any potential issues or requests for evidence that may arise during the process.

**Step 3: Visa Number and Adjustment of Status**

After the I-140 is approved, the individual will be in a position to wait for their visa number to become current, which means a green card is available based on the priority date established with the PERM labor certification. The length of time it takes for a visa number to become current can vary widely and is dependent on the demand for visas within the individual's preference category and country of chargeability.

Conclusion

The journey to obtaining an I-140 and subsequently a green card is a detailed process with several steps and potential timelines. It requires careful planning, preparation, and often patience. It's always advisable to consult with an immigration attorney to navigate the complexities of U.S. immigration law and to ensure that all steps are taken correctly and in a timely manner.

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However, it might take much longer for the visa number to become current. By recent standards in processing, EB3 or EB2 does not matter until you reach I-140 stage. PERM takes about 3 months from date of filing and I-140 takes about 3 to 4 months via regular processing and 2 to 3 weeks via premium processing.read more >>