H1B Visa Lawyer Blog
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- How long does it currently take to get a marriage-based green card after submitting Form I-130 and Form I-485?
Prior to 2025, it used to generally take 1 – 1.5 years for an in-person interview to be scheduled, and then shortly after the interview the Green Card would be issued. Now, it depends on the case load at the field office with jurisdiction over your filing and a host of other factors.
Processing times for a U.S. citizen that submits an I-130, Immigrant Petition for Alien Relative, on behalf of their Spouse are listed at 53 months for cases processing at the National Benefits Center, and 83.5 months for cases processing at all local field offices. Source: https://egov.uscis.gov/processing-times
Processing times for a family-based Form I-485, Application to Register Permanent Residence or Adjust Status are dependent upon the field office. For Baltimore, MD – 19 months; for Atlanta, GA – 16.5 months; for Washington, DC (Fairfax, VA) – 18 months; for Raleigh, NC – 24.5 months. Source: https://egov.uscis.gov/processing-times
However, we have received several in-person interview notices within 2 months of filing Form I-130 and Form I-485 with USCIS, with Green Card issuance within days of the Interview. We also have a few cases that have already been pending for over 6 months and are still waiting for the interview to be scheduled.
Cases are processed on a case-by-case basis. What took 4 months for one couple, may take another couple 14 months, or 4 weeks, etc. It depends upon a host of factors, security checks, financial ability, the existence of a criminal record, etc. Based on the processing times posted by USCIS we can no longer gauge an accurate time frame for processing of the I-130 and I-485 forms.
- How long does it currently take to get a marriage-based green card after submitting Form I-130, when the foreign spouse still lives in his home country?
Prior to 2025, it used to generally take about 1.5 to 2 years total including consular processing once the I-130 petition was approved, if the Petitioning Spouse was a United States Citizen. As of today, if a U.S. citizen submits Form I-130 on behalf of their spouse, USCIS has indicated that 80% of cases are completed within 53 months (National Benefits Center).
In August of 2025, processing times for the Form I-130 as a Spouse of a U.S. citizen were listed at just 17 months.
Based on the processing times posted by USCIS we can no longer gauge an accurate time frame for processing of the I-130 form.
- Can I apply for U.S. citizenship after three years of marriage to a U.S. citizen if I have a green card?
If you have been a Lawful Permanent Resident for the last three years, and you have been lawfully married to your U.S. citizen spouse for at least 3 years, and your U.S. citizens spouse has been a US Citizen for at least 3 years, and you still reside with your U.S. Citizen spouse, and you meet all other eligibility criteria, then yes, you would appear to be eligible to apply for U.S. citizenship.
It is advisable to speak with an experienced Immigration Attorney before applying for U.S. Citizenship at this time.
- Can I change employers while my H-1B extension is pending?
Generally, yes, you may change employers while your H-1B extension is pending; however, Form I-129 must be filed with USCIS, along with a certified Labor Condition Application (LCA) from the Department of Labor before you may literally change employers.
It is advisable to speak with an experienced Immigration Attorney before transferring your employment from one H-1B sponsoring employer to another.
- Can I travel internationally while my green card application is pending?
At this time, it is generally not advisable. It depends upon your status and what type of travel document you have, if any. If you are in a dual intent nonimmigrant visa status like H-1B, then you should be able to travel internationally if you have a valid H-1B visa stamp in your passport or will be appearing for visa stamping during this international trip. For others not in H-1B status, without having an approved Advance Parole document, USCIS will likely deem your I-485 application abandoned upon your exit. With increased ICE enforcement at airports throughout the U.S., it is advisable to speak with a competent Immigration Attorney before making any international travel plans.
- What can I do if USCIS has exceeded its published processing time for my immigration application?
You have several options: You may contact USCIS and initiate a service request for the case being outside of the posted processing times; You may contact your elected U.S. Senate/House representative and request their assistance in initiating a congressional inquiry with USCIS; and, you may sue USCIS in federal court. If you are taking the route of contacting your elected representative and/or suing in federal court, contact USCIS yourself first through a service request to illustrate that you have exhausted your options and the response received was unsatisfactory, if it was in fact unsatisfactory.
- Can I renew my green card if it has expired?
Yes, you may renew your green card if it has expired. You would renew your green card by filing Form I-90 with USCIS. You may file electronically or by mail. If it is a conditional green card, limited in duration to two years, you may not renew your green card by filing Form I-90.
- How long does it take to sponsor a brother or sister?
Only U.S. citizens may sponsor brothers or sisters. How long it will take depends upon their country of birth/country of chargeability and the significant backlog in that preference category.
For instance, if you sponsored your brother from Nepal, Green Cards are currently being issued to individuals who filed their I-130 petition with USCIS on or before October 22, 2012. Another example, if you sponsored your sister from India, Green Cards are currently being issued to individuals who filed their I-130 petition with USCIS on or before December 15, 2006. Yet another example, if you sponsored your brother from Mexico, Green Cards are currently being issued to individuals who filed their I-130 petition with USCIS on or before April 22, 2001. Source: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2027/visa-bulletin-for-november-2026.html
- What are the current processing times for prevailing wages (PW) for Green Cards issued by the Department of Labor (DOL)?
The Department of Labor has not updated the data since 09/30/2026. As of 09/30/2026, the Department of Labor (DOL) was issuing final prevailing wage determinations (PWD) for initial prevailing wage requests filed on or before June 2026.
You may check the DOL website for the latest information @ https://flag.dol.gov/processingtimes
- What are the current processing times for the PERM/ETA Form 9089 (Labor Certification Application) with the Department of Labor (DOL)?
As of 10/31/2026, the Department of Labor (DOL) was issuing certified Labor Applications for initial Form ETA 9089s filed on or before December 2025.
DOL has reported that the average processing days went from 360 days (last 180 days) to 300 days (last 30 days).
You may check the DOL website for the latest information @ https://flag.dol.gov/processingtimes
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, November 20, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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