Why Your Birth Country Matters in EB-3 Processing (and Your Passport Doesn’t)

Picture two people starting the same shift on the same day. They both have the same EB-3 job offer, the same lawyer, and the same goal: a U.S. green card. One gets to the finish line quickly. The other waits years, watching the calendar crawl.

That gap often comes down to one detail many applicants miss: your birth country. In EB-3, your place in line is shaped by “chargeability,” which is tied to where you were born, not the passport you carry today.

This guide connects the dots between the Visa Bulletin, priority dates, and per-country limits. You’ll also get practical ways to plan your EB-3 timeline, especially if your birth country faces a backlog.

Birth country, not passport, sets your place in the EB-3 line

EB-3 is not just paperwork, it’s paperwork plus a waiting line.

The U.S. government issues a limited number of employment-based immigrant visas each year. When demand is higher than supply, they form a line and use dates to manage it. That’s where chargeability enters the story.

Chargeability is the country the government “charges” your green card number to for quota purposes. For most people, chargeability is based on birthplace, not citizenship, not where you live now, and not where you studied.

This creates common confusion:

→ Getting a new passport usually doesn’t change your EB-3 wait.

→ Being a long-term resident of another country usually doesn’t change it either.

→ Your spouse and kids often follow your chargeability when they’re derivatives on your case.

Next, there’s the priority date, which works like your ticket number in a bakery line. In many EB-3 cases, the priority date is the day the PERM labor certification is filed (your attorney can confirm the exact date used in your case). Earlier priority date, closer to the front.

Then comes the Visa Bulletin. Each month, the U.S. Department of State posts cutoff dates for each category and country. If your priority date is earlier than the cutoff date, your date is “current” for that chart, meaning you can take the next step (final approval for consular processing, or filing and approval steps for adjustment of status, depending on which chart USCIS allows).

What “country of chargeability” means, with quick examples

For most EB-3 applicants, chargeability is straightforward: it’s your birth country.

A few quick examples make it real:

→ Born in India, now a Canadian citizen: you’re usually charged to India.

→ Born in France, working in the UAE: you’re usually charged to France.

→ Born in Mexico, now a Spanish citizen: you’re usually charged to Mexico.

There are exceptions, and one of the most talked-about is cross-chargeability, where a married applicant can sometimes use a spouse’s birth country. It can be helpful, but it’s detail-heavy, so confirm it with a qualified immigration attorney. For a plain-English overview of these rules, see Visa chargeability and cross-chargeability for green cards.

Why per-country limits create backlogs for some EB-3 applicants

Think of EB-3 visas like seats in a movie theater. The theater has a fixed number of seats for the show. Now imagine the manager says each country can only take a small section of seats per year, even if one section has a crowd wrapped around the building.

That’s the idea behind per-country limits. In practice, high-demand birth countries can hit their annual slice quickly, and then the line behind them gets longer and older.

The result is uneven waiting times. Applicants from some birth countries may see “Current,” while others can be held back for years, even with the same EB-3 job and the same filing month.

How birth country changes EB-3 wait times in real life (January 2026 Visa Bulletin snapshot)

A cutoff date is not a prediction, it’s a gate. If your priority date is earlier than the posted cutoff for your category and country, the gate is open. If it’s later, you wait for the gate to move.

The simplest way to estimate your wait:

→ Find your priority date on your receipts or attorney filing history.

→ Compare it to the cutoff date in the Visa Bulletin for your country and EB-3 category.

→ The larger the gap, the longer the likely wait (and the gap can shrink slowly, pause, or even go backward in some months).

Below is a January 2026 snapshot using Final Action Dates for EB-3 categories (these are the dates when the government can actually approve your Green Card and issue the visa).

“Current” means there’s no listed backlog for that category and group, so the visa number is available once the case is otherwise ready.

Keep in mind: dates move month to month based on demand and annual limits. Some months inch forward. Some months stall. Some months retrogress.

EB-3 Skilled Workers and Professionals: “Current” for many, multi-year waits for a few countries

In January 2026, EB-3 Skilled Workers and Professionals is Current for “All Other Countries.” For many applicants, that means the timeline is mostly about processing steps (PERM, I-140, and then either consular processing or adjustment of status).

But for certain birth countries, the cutoff dates show long lines:

→ India: 01MAY21. If your priority date is after May 2021, you’re waiting for that cutoff to reach you.

→ China (mainland-born): 08DEC18. That date signals a deeper backlog than many people expect.

→ Philippines: 15NOV13. This is a clear example of how a single country can face an unusually long wait.

→ Mexico: 22APR23. This suggests a shorter gap than some other backlogged countries, but it’s still not Current.

This is why two workers can share the same employer and job title, yet live in different timelines. EB-3 processing isn’t only about how fast your case is prepared, it’s also about which line you’re placed into.

EB-3 Other Workers: why this subcategory often moves slower

“Other Workers” is EB-3’s subcategory for certain roles that don’t meet the skilled worker threshold. It has its own limits, and it often lags behind.

In January 2026:

→ India, China (mainland-born), Philippines: 15NOV13

→ Mexico: 01SEP21

→ All Other Countries: Current

If you’re deciding between Skilled Worker and Other Worker, don’t treat it like a shortcut choice. The category is tied to the job’s requirements, wage, and how the position is described and supported. A mismatch can trigger delays or force a restart.

Also, visa supply issues can hit this category hard. When annual limits are reached or close to it, movement can slow down quickly. The State Department has posted announcements like Annual Limit Reached in the EB-3 and EW Categories, which shows how real those constraints can be.

Smart planning if your birth country is backlogged

A backlog can feel like standing in a long line with no clock on the wall. The best response is calm planning, not guessing.

Here are moves that can help shorten your overall timeline, even if the visa line is long:

→ File PERM as soon as you’re eligible: In many EB-3 cases, the PERM filing date becomes the priority date. The earlier it’s filed, the earlier your place in line.

→ Avoid preventable recruitment delays: Small mistakes in ads, postings, or timing can trigger re-work.

→ Respond fast to audits and requests: Audits happen. The speed and completeness of your response matters.

→ Use premium processing strategically for I-140: It can speed up the petition stage, but it doesn’t erase the Visa Bulletin wait.

→ Keep documents ready: Police certificates, civil documents, translations, and work letters often take longer than people expect.

→ Track the Visa Bulletin monthly: Follow the monthly update and also confirm which chart USCIS allows for adjustment filings.

If you’re married, ask about cross-chargeability as a possibility, especially when spouses were born in different countries. For a deeper explanation, Cross-chargeability as a way to avoid lengthy wait times lays out how it can work in certain cases.

Mistakes that add months (or years) to EB-3 processing

Backlogs are outside your control. Avoidable errors aren’t.

Common time-wasters include:

→ Misunderstanding chargeability and assuming a passport change fixes the wait.

→ Missing deadlines for forms, medicals, or document requests.

→ Changing jobs in a way that forces restarting PERM.

→ Making plans based on rumors about “next month will jump.”

→ Picking the wrong EB-3 subcategory for the job and having to correct it later.

Conclusion

EB-3 is a two-part journey: the case work, and the visa line. Your birth country often decides which line you stand in, even if everything else about your case looks identical to someone else’s.

Find your priority date, match it to the right EB-3 cutoff in the monthly bulletin, and build a simple plan for the months ahead. Keep your paperwork moving, keep your status protected, and track monthly updates so you can act when your date becomes current. When the stakes are high, case-specific advice is worth it.

For personalized guidance and clear strategies to navigate backlogs, Pine Visa offers resources that help applicants plan smarter and move forward with confidence.