Employer-Sponsored Green Card: Application Process
Complete guide to the employer-sponsored green card process, covering PERM labor certification, I-140 immigrant petition, priority date tracking, I-485 adjustment of status, visa bulletin monitoring, and concurrent filing.
Employer obtains a prevailing wage determination from the Department of Labor (DOL)
The employer files Form ETA-9141 with the DOL's National Prevailing Wage Center. Processing takes 6-8 months. The prevailing wage is based on the job's SOC code, geographic area, and required education/experience level (Level 1-4).
Employer conducts required recruitment to test the U.S. labor market
Recruitment must include a 30-day State Workforce Agency job order, 2 Sunday newspaper ads, and 3 additional recruitment steps (job fairs, website posting, campus recruiting, etc.). For professional positions, all steps must occur within 180 days before filing. The job must be offered at or above the prevailing wage.
Place job order with State Workforce Agency for 30 days
Run 2 Sunday advertisements in a newspaper of general circulation
Complete 3 additional recruitment steps from the DOL's approved list
Employer files ETA Form 9089 (PERM application) electronically with DOL
The PERM application must be filed within 180 days of completing recruitment. As of 2025, DOL processing takes 6-12 months. If DOL audits the application (about 30% of cases), add 6-18 months. Audit rates are higher for job titles that are difficult to recruit for or have unusual requirements.
Receive PERM certification from DOL
The certified PERM has a priority date — the date the application was filed. This date determines your place in the green card queue. If denied, the employer can request DOL reconsideration within 30 days or refile a new PERM.
I-140 Immigrant Petition
Employer files Form I-140, Immigrant Petition for Alien Workers, with USCIS
The I-140 must be filed within 180 days of the PERM certification date. The filing fee is $700 (regular processing). The I-140 is filed in the employment-based preference category matching the job requirements: EB-2 for advanced degrees and EB-3 for bachelor's degrees or skilled workers.
Consider premium processing for faster I-140 adjudication
Premium processing (Form I-907) costs $2,805 and guarantees a response within 15 business days. USCIS will either approve, deny, or issue a Request for Evidence (RFE). The premium processing fee is paid by the employer or employee — there is no legal restriction on who pays.
Provide required evidence with the I-140 petition
Required evidence includes the certified PERM, prevailing wage determination, proof the employer can pay the offered wage (tax returns, annual reports, or audited financial statements), and proof the beneficiary meets the job's education and experience requirements.
Certified ETA Form 9089 (PERM labor certification)
Employer's ability to pay evidence (tax returns for past 2 years)
Beneficiary's education credentials and experience letters
Receive I-140 approval notice from USCIS
Regular processing takes 6-12 months. Once approved, the priority date is locked even if you change employers (after 180 days with an approved I-140, the priority date is portable). An approved I-140 remains valid indefinitely unless revoked.
Priority Date and Visa Bulletin
Identify your priority date from the I-140 approval notice
Your priority date is the date the PERM was filed with DOL (for PERM-based cases) or the date the I-140 was filed (for cases not requiring PERM, such as EB-1 or National Interest Waiver). This date determines when you can file for permanent residence.
Check the monthly Visa Bulletin published by the State Department
The Visa Bulletin is published around the 15th of each month at travel.state.gov. It shows two charts: 'Final Action Dates' and 'Dates for Filing.' Your chargeability country is typically your country of birth, not citizenship.
Check the Final Action Dates chart for your preference category and country
Check the Dates for Filing chart (USCIS announces monthly which chart to use)
Monitor wait times for your preference category and country of chargeability
EB-2 and EB-3 wait times vary dramatically by country. India-born applicants face the longest waits: EB-2 India backlogs exceed 10 years, EB-3 India exceeds 8 years. Most other countries are current or have waits under 2 years. China-born applicants typically wait 3-5 years for EB-2.
Maintain valid nonimmigrant status while waiting for your priority date to become current
H-1B holders can extend their H-1B beyond the 6-year limit in 1-year or 3-year increments if an I-140 is approved or a PERM has been pending for 365+ days (per AC21 Section 104(c) and 106(a)). Keep your status current — falling out of status can jeopardize the green card process.
I-485 Adjustment of Status
File Form I-485, Application to Register Permanent Residence, when your priority date is current
The I-485 filing fee is $1,225 for applicants 14 and older ($750 for children under 14). The fee includes biometrics. You can file concurrently with I-140 if your priority date is already current at the time of I-140 filing.
File Form I-765 (EAD) and Form I-131 (Advance Parole) concurrently with I-485
There is no separate fee for I-765 and I-131 when filed with I-485 — they are covered by the I-485 fee. The EAD/AP combo card typically arrives within 3-6 months. Using the EAD or Advance Parole cancels H-1B or L-1 status — consult an attorney before using either.
Form I-765 for interim work authorization (EAD)
Form I-131 for travel permission (Advance Parole)
Gather required documents for the I-485 filing
Required documents include: birth certificate with certified translation, passport copy, I-94, 2 passport photos, civil surgeon's medical exam (Form I-693), police clearance from countries lived in 6+ months after age 16, and copies of all prior immigration filings.
Form I-693 medical examination completed by a USCIS-designated civil surgeon
Birth certificate with certified English translation
Copy of passport and all U.S. visa stamps
Tax returns and W-2s for the past 3 years
Attend the biometrics appointment at a USCIS Application Support Center
Biometrics is scheduled 2-6 weeks after filing. Bring the appointment notice, passport, and driver's license. The appointment captures fingerprints, photograph, and digital signature — it takes about 20 minutes.
Interview and Approval
Attend the I-485 interview at your local USCIS field office if scheduled
Not all employment-based I-485 cases require an interview — USCIS waives interviews for many EB cases. If scheduled, bring originals of all documents filed with the I-485, your passport, EAD, and Advance Parole document. The interview lasts 15-30 minutes.
Respond to any Request for Evidence (RFE) within the stated deadline
RFE deadlines are typically 87 days. Common RFE topics include insufficient ability-to-pay evidence, expired medical exams (I-693 is valid for 2 years from exam date), and missing translations. Submit all requested evidence together in one response package.
Receive the I-485 approval notice and green card by mail
After approval, USCIS mails Form I-797 (approval notice) and the physical green card separately. The green card arrives within 2-4 weeks of approval. Conditional green cards (valid 2 years) are issued if married to a U.S. citizen for less than 2 years at approval; employment-based green cards are unconditional (valid 10 years).
Update your employer and Social Security Administration with your new permanent resident status
Complete a new Form I-9 with your employer using your green card as a List A document. Visit the Social Security office to update your record — bring your green card and current Social Security card. The SSA update takes 2-4 weeks.
Employer Change and Portability
Understand AC21 job portability rules if you want to change employers during the process
Under AC21 Section 106(c), you can change employers if your I-485 has been pending for 180+ days and the new job is in the same or similar occupational classification. You do not need USCIS approval to switch — but you should file a job portability letter with evidence of the new position.
If changing employers before I-485 filing, the new employer must start a new PERM and I-140
If your I-140 was approved for 180+ days, your priority date is portable to the new employer's petition even if the original employer withdraws the I-140. If approved for less than 180 days and the employer revokes, the I-140 is invalidated.
Retain documentation of all employer changes and corresponding job descriptions
USCIS may request evidence of job portability at the I-485 interview or via RFE. Keep copies of offer letters, job descriptions, pay stubs, and the AC21 portability letter for each employer change. The new job must be the same or similar — a significant change in duties or skill level can jeopardize the I-485.
Frequently Asked Questions
How long does employer-sponsored green card processing take?
The three-step process (PERM, I-140, I-485/consular processing) takes a minimum of 2-3 years for most applicants. PERM labor certification alone takes 8-18 months due to required recruitment steps and DOL processing times. I-140 processing takes 6-8 months (or 45 days with $2,805 premium processing). The I-485 stage depends on visa number availability, which can add months for most countries or years/decades for India and China-born applicants due to per-country backlogs.
What happens to my green card application if I get laid off?
The impact depends on which stage your case is at. If PERM is pending, it is abandoned and must be restarted with a new employer. If I-140 is pending, it is revoked unless your new employer files a new case. If I-140 has been approved for 180+ days and I-485 is pending, you can port your application to a new employer under AC21 rules by filing a job portability letter showing the new position is in the same or similar occupation. This portability provision is critical protection for workers in the lengthy green card queue. Consult an immigration attorney immediately if facing a layoff with a pending green card case.
Can I change jobs during the green card process?
Changing jobs during the green card process has different implications at each stage. During PERM, any employer change means starting over with the new employer. After I-140 approval but before 180 days, changing employers generally means restarting. After the I-140 has been approved for 180+ days with a pending I-485, you can change to a job in the same or similar occupational classification (AC21 portability). Your priority date is preserved even if you change employers, assuming the I-140 was not revoked due to fraud. Strategic timing of any job change is critical.
What is the PERM labor certification process?
PERM (Program Electronic Review Management) is the first step in most employer-sponsored green card cases. The employer must prove that no qualified, willing, and available US worker exists for the position at the prevailing wage. This involves placing job advertisements (2 Sunday newspaper ads, a 30-day job order with the state workforce agency, and 3 additional recruitment steps for professional positions), collecting and reviewing resumes, and documenting the recruitment results. The entire PERM process takes 6-18 months. The Department of Labor audits approximately 20-30% of PERM applications, which can add 6-12 months to the timeline.
Does my spouse get a work permit through employer-sponsored green card?
It depends on your current visa status. H-4 spouses (of H-1B holders with an approved I-140 or those in the 7th year of H-1B status) can apply for an EAD. L-2 spouses receive automatic work authorization. E-2 and E-1 dependent spouses also receive work authorization. Spouses on other dependent visa types (such as O-3 or TN dependents) generally cannot work. Once the I-485 is filed for both you and your spouse, your spouse can apply for an EAD based on their own pending adjustment application, regardless of their previous dependent visa type.