Employment Green Card Priority Date in Laguna Hills: Understanding EB Wait Times
Managing the wait for employment-based permanent residence
Quick Answer
Employment-based green card applicants in Laguna Hills face varying wait times depending on their category and country of birth. Understanding priority dates, visa bulletin movements, and maintaining status during the wait is essential for professionals pursuing permanent residence.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Laguna Hills and South Orange County are home to many technology and business professionals seeking employment-based green cards. SoCal Immigration Services provides Arabic-speaking guidance on understanding priority dates, tracking visa bulletins, and maintaining status during sometimes lengthy waits.
Understanding Employment-Based Categories
| Category | Who Qualifies | Typical Wait (2026) |
|---|---|---|
| EB-1 | Extraordinary ability, outstanding professors/researchers, multinational executives | Current to 2-3 years |
| EB-2 | Advanced degrees or exceptional ability (includes NIW) | 1-5 years (varies by country) |
| EB-3 | Skilled workers, professionals, other workers | 2-10 years (varies by country) |
| EB-4 | Special immigrants (religious workers, etc.) | Usually current |
| EB-5 | Investors ($800K-$1.05M investment) | Varies by country, some current |
How Priority Dates Work
For PERM Cases (most EB-2 and EB-3):
Priority date = Date PERM labor certification was filed with DOL
For EB-1 and EB-2 NIW (no PERM required):
Priority date = Date I-140 petition was filed with USCIS
For EB-5:
Priority date = Date I-526 petition was filed
This date follows you throughout the green card process. If you change employers or even EB categories, you may be able to retain your original priority date.
Country of Birth Matters
Countries with Major Backlogs:
• India - EB-2 backlog of 10+ years, EB-3 similar
• China - EB-2 backlog of 3-5 years
• Philippines - Some backlogs in EB-3
All Other Countries:
• Generally shorter waits
• Many categories current or nearly current
• EB-1 often available immediately
Important: It's your country of BIRTH, not citizenship. A naturalized US citizen born in India still uses India's queue.
Reading the Visa Bulletin
Final Action Dates:
If your priority date is earlier than this date, you can complete your green card (file I-485 or immigrant visa issued).
Dates for Filing:
An earlier date that allows you to file I-485 while waiting for Final Action. Not always available.
USCIS Guidance:
Each month USCIS announces which chart (Final Action or Dates for Filing) applies for I-485 filing. Check the USCIS website.
The I-140 Petition
Approval Required Before:
• Filing I-485 (if in US) or
• Consular processing abroad
Important I-140 Facts:
• Premium processing available ($2,805 for 15 business days)
• Approval is tied to specific job and employer
• Portability possible after 180 days pending I-485
• Approved I-140 can be revoked if you leave employer before I-485 is pending 180 days
Maintaining Status During the Wait
- •H-1B 6-year limit - Can extend beyond if I-140 approved or PERM pending 365+ days
- •L-1 limits - 7 years max for L-1A, 5 years for L-1B
- •F-1 OPT expiration - May need to change to H-1B or other status
- •Changing employers - New PERM may be required, but may keep priority date
- •Gap in status - Can affect ability to adjust status
- •Travel risks - Re-entry on expired visa can be problematic
Priority Date Retention and Porting
Retention (Same Employer):
• Approved I-140 priority date can be used for new I-140
• Even if you change job duties or EB category
Porting (New Employer):
• Can use old priority date with new employer's I-140
• Original I-140 must have been approved
• Original I-140 must not have been revoked for fraud
Interfiling/Porting Between Categories:
• Can move from EB-3 to EB-2 (or vice versa) and keep priority date
• Requires new PERM and I-140 with new employer
Concurrent Filing
Benefits of Concurrent Filing:
• EAD work authorization (Form I-765)
• Advance Parole travel document (Form I-131)
• Spouse and children can file too
• May change employers after 180 days (portability)
Requirements:
• Visa number immediately available
• Must meet all adjustment of status requirements
• Should have strong case to avoid delays
What If Your Priority Date Retrogresses?
If Already Filed I-485:
• Your pending I-485 remains pending
• You keep your EAD and AP benefits
• Final approval waits until date is current again
If Haven't Filed I-485 Yet:
• Must wait until date becomes current again
• Keep maintaining your nonimmigrant status
• Don't let I-140 approval expire (if applicable)
Retrogression can be sudden—file I-485 as soon as eligible to lock in benefits.
Expedite Options
Premium Processing:
• Available for I-140 (15 business days)
• NOT available for I-485
EB-1 Categories:
• No PERM required, faster processing
• Consider EB-1A (extraordinary ability) or EB-1B (outstanding researcher)
EB-2 NIW (National Interest Waiver):
• No PERM required
• No specific job offer required
• Can self-petition
Consular Processing:
• Sometimes faster than I-485 in the US
• Requires interview at consulate abroad
Why Laguna Hills Professionals Choose Us
• We track visa bulletin movements and alert you when dates advance
• Arabic-speaking staff explain complex EB processes clearly
• We help with document organization for I-140 and I-485
• We advise on maintaining status during long waits
• We identify potential faster paths (NIW, EB-1)
• We coordinate with your employer's immigration counsel
FAQFrequently Asked Questions
Q:My employer filed PERM last year but it's not approved yet. What's my priority date?
A: Your priority date is locked in when PERM is filed, even before approval. If PERM is approved, that original filing date becomes your priority date for the I-140.
Q:I'm from India in EB-2 with a 2015 priority date. How much longer will I wait?
A: India's EB-2 backlog is severe. As of 2026, the wait from 2015 priority dates is still several years. Consider EB-1 if you qualify, or moving to EB-3 if that category is moving faster (though historically EB-2 is faster).
Q:Can I change jobs while waiting for my priority date to become current?
A: Yes, but with caution. If you have an approved I-140, you may be able to keep your priority date with a new employer's petition. You'll likely need new PERM and I-140 with the new employer.
Q:My H-1B is expiring and my priority date isn't current. What do I do?
A: If your I-140 is approved or your PERM has been pending 365+ days, you can extend H-1B beyond the 6-year limit in 1 or 3-year increments until you can file I-485.
Q:What's the difference between EB-2 and EB-3?
A: EB-2 requires a master's degree (or bachelor's + 5 years experience) or exceptional ability. EB-3 is for professionals (bachelor's), skilled workers (2+ years training), or other workers. EB-2 historically has shorter waits.
Q:Can my spouse work while we wait for the green card?
A: If you've filed I-485 and it's pending, your spouse can apply for an EAD (work permit). If only the I-140 is approved but you can't file I-485, your spouse cannot work unless they have their own work authorization.
Need Help Tracking Your Priority Date?
If you're navigating the employment-based green card process and need help understanding wait times, maintaining status, or finding faster paths, contact us for expert guidance.