Employment Based Green Card Guide 2025

Securing permanent residence in the United States through employment remains one of the most structured and established immigration routes for foreign professionals, executives, and investors. The employment based green card framework enables U.S. employers to sponsor skilled foreign nationals for lawful permanent residence when there are no qualified, willing, and available U.S. workers, or where the applicant’s expertise, achievements, or investment materially advance the national interest or U.S. economy.

Unlike temporary employment visas such as the H-1B, L-1, or O-1, which are granted for limited periods and bind the worker’s lawful status to a specific job or employer, the employment based green card confers lawful permanent resident (LPR) status. This grants the holder the right to live and work indefinitely anywhere in the United States, change employers freely, and pursue self-employment or retirement without losing immigration status. It also provides a defined pathway to U.S. citizenship through naturalisation after five years of permanent residence, provided statutory conditions are met.

The employment based immigration system is divided into five statutory preference categories (EB-1 through EB-5). Each category serves a distinct professional or economic purpose — from priority workers of extraordinary ability and multinational executives to advanced degree professionals, skilled workers, special immigrants, and qualifying investors. Because the number of immigrant visas is capped annually by both category and country, waiting times can vary significantly depending on demand and nationality. These numerical limitations are set under the Immigration and Nationality Act (INA), with approximately 140,000 employment based green cards available each fiscal year.

What this article is about
This comprehensive guide explains the U.S. employment based green card process from start to finish. It covers eligibility under each preference category, the Department of Labor’s PERM labor certification where required, the Form I-140 Immigrant Petition, and the final steps through either Adjustment of Status within the United States or Consular Processing abroad. It also examines key concepts such as priority dates, Visa Bulletin updates, employer compliance obligations (including who must pay for recruitment and legal costs), work and travel authorisation during processing, AC21 portability rules, and recent USCIS and DOL policy changes. The purpose is to equip both employers and foreign professionals — including UK-based applicants — with a detailed and legally accurate overview for planning, compliance, and risk management in pursuing permanent residence through U.S. employment.

Section A: Understanding the Employment-Based Green Card

The U.S. employment based green card system is a permanent immigration route for foreign professionals, researchers, investors, and certain special immigrants whose skills, qualifications, or investment contribute substantially to the U.S. economy. It operates within a statutory framework under the Immigration and Nationality Act (INA), which allocates immigrant visa numbers by category and country. This framework creates distinct eligibility requirements and queues, meaning that understanding category structure and visa allocation rules is vital to timeline management and procedural compliance.

1. What is an Employment-Based Green Card?

An employment based green card grants lawful permanent resident (LPR) status, permitting the holder to live and work in the United States indefinitely. Once approved, an LPR may change employers, establish a business, or retire without jeopardising status, provided they maintain U.S. residence and remain admissible. After five years of lawful permanent residence, most green card holders can apply for U.S. citizenship through naturalisation under INA § 316, subject to meeting continuous residence and physical presence requirements.

Employment based permanent residence differs fundamentally from temporary work visas such as the H-1B, L-1, or O-1. Nonimmigrant visas are time-limited and tied to specific employment, whereas immigrant status through a green card is permanent and not bound to a single employer or role. While LPR status provides virtually unrestricted employment and residence rights, it does not confer voting privileges or eligibility for federal elective office, which are reserved for U.S. citizens.

Legally, LPR status is established under the INA and maintained through continuous residence and admissibility. Extended absences from the United States, tax non-filing, or criminal conduct may be deemed abandonment or grounds for removal. Green card holders are also required to carry valid evidence of LPR status, such as Form I-551, at all times.

2. EB Preference Categories (EB-1 to EB-5)

Employment based immigrant visas are divided into five preference categories under INA § 203(b). Each serves a different professional or investment profile, and each carries distinct evidentiary requirements. Certain categories, such as EB-1A and EB-2 NIW, permit self-petitioning without employer sponsorship or Department of Labor certification. Others require the sponsoring employer to obtain a PERM Labor Certification before filing the immigrant petition.

Practice note: Category selection influences eligibility evidence, whether PERM is needed, and the queue length for a visa number. Where qualifications permit, EB-1 or EB-2 NIW filings can significantly reduce overall processing time by avoiding the Department of Labor stage.

3. Visa Caps and Priority Dates

Employment based green cards are numerically limited each fiscal year. Approximately 140,000 EB immigrant visas are available annually, distributed across the five preference categories and further constrained by per-country limits of 7 percent of the worldwide total. As a result, nationals of high-demand countries — notably India and China — often experience multi-year queues.

Priority dates. A priority date marks an applicant’s place in the visa queue. For PERM-based cases (typically EB-2 and EB-3), the priority date is the date the Department of Labor receives the ETA-9089 PERM filing. For categories that do not require PERM — such as EB-1A, EB-1B, EB-1C and EB-2 NIW — the priority date is the date USCIS receives Form I-140. The priority date determines when an immigrant visa number becomes available.

Visa Bulletin mechanics. The U.S. Department of State publishes a monthly Visa Bulletin showing “Final Action Dates” (when visas may be granted) and “Dates for Filing” (when applicants may file Adjustment of Status applications if USCIS authorises use of that chart). Because visa demand often exceeds supply, cut-off dates can advance or retrogress from month to month. Applicants must monitor the Bulletin closely to determine filing eligibility and expected wait times.

Dependants and age. Spouses and unmarried children under 21 may immigrate as derivatives when a visa number becomes available. To mitigate the risk of children “aging out,” families should rely on protections under the Child Status Protection Act (CSPA), which allows a calculated “CSPA age” to remain under 21 in certain delayed-processing circumstances. Early filing when permitted helps preserve eligibility.

Strategic options. Applicants may consider cross-chargeability (using a spouse’s country of birth if more favourable), upgrading categories (for example, EB-3 to EB-2 where qualifications permit), or choosing a category that avoids PERM to lock in an earlier priority date.

Section Summary: Employment based permanent residence operates on a category-and-quota system. Selecting the correct EB category, understanding PERM requirements, and tracking priority dates through the Visa Bulletin are essential for accurate timeline forecasting and risk management, particularly for applicants from oversubscribed countries.

Section B: The PERM Labor Certification Process

For most EB-2 and EB-3 employment based green card applications, the PERM Labor Certification is the first and most technically demanding stage. Overseen by the U.S. Department of Labor (DOL), the PERM process—short for Program Electronic Review Management—requires the sponsoring employer to prove that no qualified, available, and willing U.S. worker is ready to fill the offered position and that hiring the foreign national will not adversely affect the wages or working conditions of similarly employed U.S. workers. Unless exempt under statute (for example, in EB-1A, EB-1C, or EB-2 NIW cases), PERM certification is a prerequisite before the employer can file the immigrant petition (Form I-140).

1. What is PERM?

PERM serves as the labor market safeguard in the employment based green card system. It ensures that foreign workers are hired only when a genuine shortage exists and that U.S. labor conditions remain protected. The process is not an immigration petition but a Department of Labor certification verifying the legitimacy of the job offer, the adequacy of recruitment efforts, and the wage level offered to the foreign national.

Under 20 CFR § 656, the employer must satisfy two principal conditions:

• No able, willing, qualified, and available U.S. worker was found for the role through a defined recruitment process; and
• Hiring the foreign worker will not adversely impact the wages or working conditions of similarly employed U.S. workers.

The employer, not the foreign national, files the PERM. The employee’s qualifications must exactly match the job requirements listed in the PERM filing, and all documentation must be consistent across filings. Even small inconsistencies between the PERM and the subsequent I-140 petition can result in denial or audit.

Regulations require employers to retain all PERM documentation for five years after filing. Failure to comply with recordkeeping rules can result in invalidation of the certification, denial of future filings, or employer debarment.

2. Steps in the PERM Process

The PERM process involves several critical stages. Each has strict timing, documentation, and procedural requirements. A minor misstep can cause substantial delays or invalidate the filing entirely.

a) Prevailing Wage Determination (PWD)
Before recruitment begins, the employer must request a Prevailing Wage Determination from the DOL. The prevailing wage represents the minimum salary the employer must offer for the position, determined according to the job title, location, experience level, and duties. Employers submit wage requests through the DOL’s Foreign Labor Application Gateway (FLAG) portal, and current processing times typically range from three to four months.

The employer must agree to pay at least the prevailing wage once the foreign worker obtains lawful permanent residence. Under DOL guidance, the wage level assigned in the PWD must align with the offered duties and requirements. Disputes over assigned wage levels can be appealed if the employer believes the DOL classification was inappropriate.

b) Recruitment and Advertising
After obtaining the prevailing wage, the employer must conduct a good-faith recruitment campaign to test the labor market. For professional occupations—defined as those normally requiring a bachelor’s degree or higher—the recruitment must include:

• Two Sunday advertisements in a newspaper of general circulation in the area of intended employment;
• A 30-day job order placed with the relevant State Workforce Agency (SWA); and
• At least three additional recruitment steps, which may include job fairs, the employer’s website, a trade journal, a professional organisation, on-campus recruiting, employee referral programs, or private employment firms.

Recruitment must be carefully timed: all advertising must start no more than 180 days before and finish at least 30 days before filing ETA Form 9089, and the total recruitment period cannot exceed 365 days before submission. The employer must prepare a detailed recruitment report listing all applicants, reasons for rejection, and evidence of lawful recruitment activity. Discriminatory or arbitrary rejections are strictly prohibited under DOL rules.

c) Filing ETA Form 9089
Once recruitment is complete and no qualified U.S. worker has been identified, the employer files ETA Form 9089 electronically through the DOL FLAG portal. The form outlines the job description, location, wage, and recruitment results, as well as the foreign worker’s qualifications. The filing date of the ETA 9089 becomes the case’s priority date, which determines the applicant’s place in the green card queue.

The employer must certify under penalty of perjury that the recruitment was conducted lawfully and that all representations are true and complete. Submitting inaccurate information or omitting required evidence can trigger denial or referral for audit.

d) DOL Review and Audit
The DOL reviews the application to determine whether the recruitment process and documentation meet all regulatory requirements. The case may be certified, denied, or selected for audit. Audits may be random or triggered by anomalies such as restrictive job requirements, nonstandard wage levels, or incomplete data. Employers have 30 days to respond to an audit request, and all supporting evidence must be provided in full. Failure to comply within the deadline leads to denial.

Once certified, the PERM is valid for 180 days. The employer must file the I-140 Immigrant Petition within this window, or the certification expires and the entire process must be repeated.

3. Common PERM Issues and Delays

Even technical or clerical mistakes can derail PERM certification. Frequent causes of delay or denial include:

• Improper or mistimed recruitment advertisements;
• Inadequate job descriptions or noncompliant minimum requirements;
• Errors in prevailing wage determinations or wage-level assignments;
• Incomplete or inconsistent documentation between PERM and I-140 filings;
• Failure to retain recruitment records for the required five-year period; and
• Cost-shifting violations where the foreign worker improperly pays recruitment or attorney fees.

Under DOL regulation 20 CFR § 656.12(b), employers must bear all costs associated with PERM recruitment and preparation, including advertising, legal, and administrative fees. Seeking reimbursement or requiring the employee to pay any portion of these costs can result in invalidation of the certification, fines, or employer debarment. The foreign national may, however, lawfully pay the I-140 or Adjustment of Status filing fees if the employer’s policy allows.

Employers can reduce the risk of audit or denial by maintaining meticulous documentation, aligning job requirements with business necessity, and ensuring all recruitment steps are verifiable and compliant. DOL officers may compare wage levels, duties, and qualifications against occupational standards to confirm legitimacy.

Section Summary: The PERM Labor Certification is a cornerstone of the employment based green card process. It validates the unavailability of qualified U.S. workers, preserves the integrity of the domestic labor market, and forms the evidentiary basis for the immigrant petition. Diligent record-keeping, accurate recruitment, and compliance with DOL timing and cost rules are essential to secure certification and avoid re-filing delays.

Section C: Filing the Immigrant Petition (Form I-140)

After the Department of Labor issues a certified PERM—where required—the next stage is filing the Immigrant Petition for Alien Worker, known as Form I-140, with U.S. Citizenship and Immigration Services (USCIS). This petition formally classifies the foreign worker under one of the employment based categories (EB-1 through EB-5) and demonstrates both the worker’s eligibility and the employer’s lawful capacity to hire and pay the offered wage. In specific self-petition categories such as EB-1A and EB-2 National Interest Waiver (NIW), the foreign national may file the petition independently without an employer sponsor.

1. Purpose of Form I-140

The I-140 petition serves two principal purposes within the employment based green card process:

• Classification: It verifies that the foreign national qualifies under the relevant EB category based on education, experience, achievements, or investment.
• Employer’s ability to pay: It confirms that the sponsoring employer possesses sufficient financial capacity to pay at least the prevailing wage from the PERM priority date onward, as certified by the Department of Labor.

The I-140 also establishes the beneficiary’s priority date for visa allocation where no prior PERM filing exists. USCIS adjudication focuses on consistency between the I-140 and the underlying PERM application, the legitimacy of the job offer, and the employer’s compliance with all wage and recruitment representations made to the DOL.

For self-petition categories such as EB-1A or EB-2 NIW, the applicant must demonstrate both individual eligibility and that their proposed work substantially benefits the United States, meeting the “national interest” test under USCIS policy guidance.

2. Supporting Documentation

Comprehensive documentation is vital to avoid Requests for Evidence (RFEs) or denials. Each submission should present a clear evidentiary record showing both the employer’s bona fide intent to employ and the beneficiary’s qualification for the classification sought. Typical exhibits include:

• Certified ETA Form 9089 (PERM), if required;
• Proof of the employer’s financial ability to pay, such as annual reports, audited financial statements, or federal tax returns;
• Evidence of the beneficiary’s educational degrees, transcripts, licenses, and experience letters predating the PERM filing;
• Proof of the employer’s business operations—articles of incorporation, business licences, or recent payroll records; and
• For self-petition cases (EB-1A or NIW), evidence of extraordinary ability or national benefit such as publications, citations, patents, awards, or media recognition.

Every document must align exactly with the information stated in the PERM or classification claim. Inconsistencies in job title, wage, or duties can result in USCIS issuing RFEs or denials. For multinational managers (EB-1C) or investors (EB-5), corporate structure and qualifying relationship evidence must also be meticulously maintained.

Under USCIS guidance, once the I-140 is approved, an employer’s “ability to pay” obligation applies only up to the time of approval if the employee later changes jobs under AC21 portability provisions. Nevertheless, maintaining consistent payroll and financial documentation strengthens credibility and facilitates later stages of adjudication.

3. Premium Processing and Timelines

USCIS offers Premium Processing for most I-140 categories using Form I-907, allowing employers or applicants to receive agency action—approval, denial, or RFE—within an expedited timeframe. As of 2025, Premium Processing guarantees a 15-calendar-day response for standard categories, while certain classifications such as EB-1C (multinational managers) and EB-2 NIW operate under extended 45-calendar-day Premium Processing timelines following phased implementation.

The current filing fees as of 2025 are:

• I-140 base filing fee: USD 715;
• Asylum Program Fee (employer-filed petitions): USD 600 (exceptions apply for small entities or nonprofits); and
• Premium Processing fee: USD 2,805.

These amounts are subject to periodic adjustment under USCIS’s fee regulations, and filings with incorrect fees are automatically rejected. Premium Processing accelerates USCIS adjudication of the I-140 but does not expedite visa number allocation or subsequent Adjustment of Status (AOS) or Consular Processing stages.

Standard I-140 processing averages six to twelve months, depending on the USCIS service centre’s workload and the complexity of the case. Employers frequently use Premium Processing to enable timely extensions of H-1B status beyond the six-year limit under the American Competitiveness in the Twenty-First Century Act (AC21), or to support strategic mobility planning for key employees awaiting green card eligibility.

Section Summary: The I-140 petition transforms the DOL’s certification into a USCIS-recognised immigrant classification. It verifies both the foreign worker’s eligibility and the employer’s capacity to pay the offered wage. Precise evidence, accurate consistency with PERM data, and awareness of current USCIS fees and Premium Processing rules are essential to avoid delay. Once approved, the I-140 anchors the applicant’s priority date and paves the way for permanent residence when a visa number becomes available.

Section D: Adjustment of Status or Consular Processing

Once the Immigrant Petition (Form I-140) has been approved and an immigrant visa number is available according to the U.S. Department of State Visa Bulletin, the foreign national can complete the final stage toward lawful permanent residence. This can be achieved either through Adjustment of Status (AOS) from within the United States or through Consular Processing abroad. Both procedures ultimately result in the grant of lawful permanent resident (LPR) status, but each follows different legal and procedural requirements. The correct route depends primarily on the applicant’s current immigration status, physical location, and admissibility under U.S. immigration law.

1. Adjustment of Status (Form I-485)

Adjustment of Status allows individuals already lawfully present in the United States on a valid visa or parole to apply for permanent residence without departing the country. The application is made to U.S. Citizenship and Immigration Services (USCIS) using Form I-485, Application to Register Permanent Residence or Adjust Status.

To qualify, the applicant must satisfy several statutory criteria:

• Lawful admission or parole into the United States;
• An approved (or concurrently filed) Form I-140 Immigrant Petition;
• Visa number availability under the relevant category as shown in the Visa Bulletin; and
• Maintenance of lawful nonimmigrant status until filing, unless exempt under INA § 245(k).

Applicants are required to undergo a medical examination (Form I-693) conducted by a USCIS-designated civil surgeon, attend a biometrics appointment for identity and background checks, and, in most cases, appear for an in-person USCIS interview. USCIS may waive interviews for straightforward employment based cases where documentation is complete and unambiguous.

During the AOS process, applicants may apply for temporary benefits that remain valid while the green card application is pending:

• Employment Authorization Document (EAD): Allows unrestricted employment within the U.S.; and
• Advance Parole (AP): Permits international travel and re-entry without abandoning the I-485 application.

Processing times vary by USCIS field office but typically range from eight to eighteen months. Applicants should avoid travelling abroad without valid Advance Parole, as this is treated as abandonment of the AOS. It is generally advisable to maintain H-1B or L-1 status until final green card approval, providing a fallback in the event of a denial or delay.

Once approved, USCIS issues a Form I-551 (Green Card) evidencing lawful permanent residence. The individual may then reside, work, and travel freely, subject to maintaining residence and avoiding grounds of inadmissibility.

2. Consular Processing

Consular Processing applies to applicants residing outside the United States, or to those who prefer to complete their immigrant visa application abroad. Once the I-140 is approved and a visa number is available, the case is forwarded to the National Visa Center (NVC) for document collection and interview scheduling at the relevant U.S. embassy or consulate.

The applicant must complete Form DS-260 (Immigrant Visa Application) online and submit supporting documentation, including:

• Birth and marriage certificates;
• Police clearance certificates for all countries of residence since age sixteen;
• Form I-864 Affidavit of Support, where required; and
• Passport and civil photographs consistent with consular specifications.

Applicants then attend an in-person interview conducted by a consular officer. The officer reviews the petition, verifies eligibility and admissibility, and may question the applicant regarding employment, qualifications, and immigration history. If approved, the applicant receives an immigrant visa in their passport, typically valid for six months. Upon arrival in the United States, Customs and Border Protection (CBP) admits the individual as a lawful permanent resident, and the physical green card is mailed to their U.S. address shortly thereafter.

Consular Processing is often faster than Adjustment of Status once a visa number is available, but it provides fewer interim protections. Applicants abroad cannot obtain an EAD or Advance Parole equivalent and must wait until U.S. entry to begin work as an LPR. Administrative processing or document errors can also cause additional delays.

3. Dependents and Green Card Benefits

Spouses and unmarried children under 21 qualify as derivative beneficiaries of the principal applicant’s employment based green card case. Each dependent must file their own Adjustment of Status (Form I-485) or complete a separate DS-260 for consular processing. Each family member must undergo a medical exam and, if required, attend an interview.

Once approved, derivative beneficiaries obtain the same LPR rights and responsibilities as the principal applicant, including unrestricted work and study, access to Social Security, and eligibility to apply for U.S. citizenship after five years of continuous residence. However, all dependents must individually meet admissibility criteria and maintain residence.

Children risk “aging out” if they turn 21 before their green card is approved. The Child Status Protection Act (CSPA), under INA § 203(h), mitigates this risk by allowing a child’s age to be “frozen” for certain periods during USCIS processing. Nonetheless, timely filing and vigilant monitoring of Visa Bulletin cut-off dates remain critical to safeguard eligibility.

Section Summary: Adjustment of Status and Consular Processing represent the final gateway to permanent residence. AOS provides flexibility and interim benefits for applicants lawfully in the U.S., while Consular Processing offers a suitable route for those overseas. Each requires meticulous documentation, lawful conduct, and strict adherence to U.S. immigration regulations to ensure a successful transition to permanent resident status.

Section E: Transitioning from Nonimmigrant Status

Most applicants for an employment based green card begin their U.S. immigration journey under a temporary employment visa, such as the H-1B, L-1, or O-1. Transitioning from a nonimmigrant to an immigrant classification requires careful timing, documentation, and compliance with status maintenance rules. U.S. immigration law recognises “dual intent” for certain visa types, meaning holders may lawfully seek permanent residence without violating the temporary intent requirement. However, maintaining valid status throughout the green card process is essential to avoid inadmissibility or denial.

1. From H-1B, L-1, or O-1 to Green Card

The H-1B, L-1, and O-1 visas are the most common nonimmigrant pathways leading to an employment based green card. Dual intent provisions under the Immigration and Nationality Act allow these visa holders to pursue permanent residence while remaining compliant with their current visa terms. This means they can lawfully initiate the PERM and I-140 stages without jeopardising their nonimmigrant status.

For H-1B and L-1 employees, employers typically begin the PERM process 12 to 18 months before the sixth year of H-1B validity to allow sufficient time for DOL and USCIS adjudication. Under the American Competitiveness in the Twenty-First Century Act (AC21), H-1B workers may extend their visa beyond the standard six-year limit in specific circumstances:

• One-year extensions are available if the PERM or I-140 has been pending for at least 365 days; and
• Three-year extensions are available if the I-140 is approved but the priority date is not yet current under the Visa Bulletin.

To remain eligible, the worker must continue employment in the sponsored position or a similar role, maintain valid nonimmigrant status, and avoid unauthorised employment or overstays that could trigger inadmissibility under INA § 212(a)(9). Employers are encouraged to monitor expiration timelines closely and initiate green card sponsorship well in advance to preserve continuity of lawful status.

For O-1 visa holders, the process is similar but more limited in scope since the O-1 does not have the same automatic dual intent protection as the H-1B or L-1. However, USCIS generally tolerates immigrant intent in O-1 filings when a green card process is underway, provided the applicant continues to meet the O-1 criteria and departs on time if their visa expires before adjustment.

2. Portability and Job Changes (AC21 Act)

Employment mobility during the green card process is governed by AC21 (American Competitiveness in the Twenty-First Century Act). Under this legislation, applicants whose Adjustment of Status (Form I-485) has been pending for at least 180 days may change employers without restarting the entire process if the new role is in the same or a similar occupational classification as the original job offer.

This provision, commonly known as “portability,” is critical for maintaining flexibility during lengthy visa backlogs. To exercise portability, the applicant must file Form I-485 Supplement J confirming the new employment offer. USCIS will compare the old and new job duties, skill levels, and wage rates to ensure they are comparable, often referencing Standard Occupational Classification (SOC) codes. Minor differences in job titles or salary do not automatically disqualify the new role, provided the overall duties and required expertise remain substantially similar.

If a change occurs before the I-140 is approved, the new employer must restart the process from the PERM stage. However, once an I-140 is approved, the employee can usually retain the priority date for a subsequent filing unless USCIS revokes the original petition for fraud, misrepresentation, or material error. This retention of priority date can be highly beneficial for applicants from countries with long visa backlogs.

3. Travel and Work Authorisation During Processing

Applicants pursuing Adjustment of Status may obtain interim travel and employment privileges while their case is pending. These benefits are provided through the Employment Authorization Document (EAD) and Advance Parole (AP). The EAD grants unrestricted work authorisation, allowing the applicant to work for any U.S. employer, while the Advance Parole document permits international travel and re-entry without abandoning the green card application.

Despite these benefits, many applicants maintain their underlying H-1B or L-1 status during the green card process. This dual-maintenance strategy provides a safeguard: if the Adjustment of Status is denied for any reason, the applicant remains in lawful status under their original visa. Conversely, travelling abroad without a valid Advance Parole document while the I-485 is pending is treated as an abandonment of the application unless re-entry is made using a valid H-1B or L-1 visa.

Applicants should plan all travel and employment transitions carefully during the Adjustment process and consult immigration counsel to ensure continued compliance. Employers should also maintain awareness of their sponsored employees’ visa and AOS timelines to avoid gaps in work authorisation or inadvertent violations.

Section Summary: Transitioning from nonimmigrant to immigrant status under the employment based green card system requires precise timing, legal awareness, and careful coordination between employer and employee. Dual intent protections, AC21 portability, and interim benefits such as EAD and Advance Parole provide flexibility but must be managed with strict adherence to USCIS regulations to ensure a seamless move to permanent residence.

Section F: Processing Times, Costs, and Employer Obligations

The employment based green card process requires significant preparation, time, and financial commitment from both employers and employees. Processing durations can vary widely depending on the preference category, country of chargeability, and workload across the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), and the Department of State. Delays may also occur due to visa bulletin retrogression, audit selection, or policy shifts. Understanding the expected timelines and cost obligations helps employers maintain compliance and employees manage expectations effectively.

1. Timeline Overview

There is no fixed duration for an employment based green card application. While some applicants from low-demand countries may complete the process within 18 to 30 months, those from high-demand countries such as India or China often face multi-year waits due to per-country visa caps. The overall timeline depends on multiple phases, each with its own processing time and dependencies.

Typical stage durations as of 2025 are as follows:

• PERM Labor Certification: 6 to 18 months, including prevailing wage determination, recruitment, and DOL adjudication;
• Form I-140 Adjudication: 6 to 12 months, or 15 calendar days with Premium Processing (extended to 45 days for EB-1C and NIW categories);
• Adjustment of Status or Consular Processing: 8 to 18 months, depending on USCIS field office or consulate workload; and
• Visa Bulletin Retrogression: Variable by nationality and category, potentially extending total wait times by years.

Employers are encouraged to initiate the PERM process at least 12 to 18 months before an H-1B employee reaches the six-year limit to preserve eligibility for AC21-based extensions. Monitoring monthly Visa Bulletin movements and filing as soon as eligible are critical to managing long queues in oversubscribed categories.

2. Government Filing Fees and Legal Costs

Employment based green card cases involve several mandatory government fees and associated legal expenses. As of 2025, the following estimates apply, though exact amounts are subject to USCIS and State Department updates:

• Prevailing Wage / PERM: No filing fee charged by the DOL, but employers incur recruitment and advertising costs typically ranging from USD 1,000 to 3,000;
• Form I-140: USD 715 base filing fee plus an Asylum Program Fee of USD 600 (payable by most employer petitioners), and an optional Premium Processing fee of USD 2,805;
• Form I-485 (Adjustment of Status): USD 1,440 per applicant, inclusive of biometrics; and
• Form DS-260 (Consular Processing): USD 345 per applicant for immigrant visa issuance through the Department of State.

Applicants must also account for ancillary costs such as medical examinations (USD 200–500) and document preparation. Legal fees vary depending on case complexity and company size, averaging USD 5,000–10,000 for EB-2 or EB-3 cases and higher for EB-1 extraordinary ability or EB-5 investor petitions.

Under 20 CFR § 656.12(b), the employer must pay all costs associated with the PERM Labor Certification, including advertising, attorney, and administrative fees. It is illegal to require or accept reimbursement from the foreign worker for any portion of these expenses. Violation of this rule can result in invalidation of the certification, civil penalties, or debarment from future filings. However, the foreign national may lawfully pay the I-140 and Adjustment of Status filing fees where permitted by company policy.

Employers with high-volume sponsorship programmes should budget strategically for each stage and confirm the current USCIS fee schedule prior to submission. Incorrect or underpaid fees lead to automatic rejection of filings, causing costly delays.

3. Employer Responsibilities and Compliance

Employers play a central role in maintaining the integrity of the employment based green card system. Their responsibilities extend beyond recruitment to include documentation, wage compliance, and good-faith cooperation with government audits. The employer must be able to demonstrate that every aspect of the process complies with DOL and USCIS regulations.

Key employer obligations include:

• Good-Faith Recruitment: Conduct all PERM recruitment steps lawfully and without discrimination, in accordance with 20 CFR § 656.17;
• Record Retention: Maintain complete PERM-related documentation, including advertisements, resumes, recruitment reports, and prevailing wage data, for at least five years after filing;
• Ability to Pay: Demonstrate financial capacity to pay the offered wage from the priority date until the foreign national attains lawful permanent residence. Acceptable evidence includes audited financial statements, tax returns, or payroll records;
• No Cost-Shifting: Ensure that the foreign worker does not bear any PERM-related expenses, including legal and advertising costs;
• Timely Filing: Submit the I-140 petition within 180 days of PERM approval; otherwise, the certification expires and must be refiled; and
• Audit Cooperation: Respond fully and promptly to any DOL or USCIS audits, providing supporting documentation within the specified time frame.

Employers who repeatedly violate DOL or USCIS rules risk debarment from the PERM program, civil fines, and reputational harm. Routine internal audits and consultation with qualified immigration counsel are strongly recommended for large organisations conducting multiple green card sponsorships each year.

Section Summary: The employment based green card process requires disciplined planning, accurate forecasting, and scrupulous compliance by both employers and employees. By understanding realistic processing timelines, budgeting for all stages, and adhering to DOL’s strict cost and documentation rules, employers can support workforce stability and safeguard their lawful sponsorship eligibility.

Section G: Recent Trends and Policy Updates

The employment based green card process continues to evolve under shifting U.S. immigration priorities, regulatory reform efforts, and digital transformation initiatives across the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), and the Department of State (DOS). Understanding recent developments is critical for employers and foreign professionals navigating the system. While overall frameworks remain stable, changes in visa allocation patterns, processing technology, and agency policy guidance significantly affect case timelines, eligibility, and compliance planning.

1. Annual Visa Bulletin Movements

The U.S. Department of State’s monthly Visa Bulletin remains the most important indicator of green card availability. It sets “cut-off” dates by employment category (EB-1 through EB-5) and by country of chargeability. When a foreign national’s priority date becomes earlier than the listed date for their category and country, a visa number is considered available, enabling final adjudication through Adjustment of Status or Consular Processing.

Over the past few fiscal years, visa retrogression—where cut-off dates move backward—has persisted in high-demand categories such as EB-2 and EB-3 for India and China. In some cases, applicants have faced wait times exceeding a decade due to per-country numerical limits. By contrast, EB-1 categories have generally remained current for most countries, while EB-5 investor visas stabilised following enactment of the EB-5 Reform and Integrity Act of 2022, which introduced reserved visa set-asides for rural, high-unemployment, and infrastructure investments.

Applicants should monitor the Visa Bulletin each month and confirm which chart USCIS authorises for Adjustment of Status filings—“Final Action Dates” or “Dates for Filing”—as this can change periodically. Strategic options, such as cross-chargeability (using a spouse’s country of birth if more favourable) or upgrading from EB-3 to EB-2, can help reduce waiting times in certain cases.

2. Modernisation Efforts and Digital Filing

USCIS and the DOL are continuing to digitise the employment based immigration process to reduce administrative burdens and processing delays. The DOL’s Foreign Labor Application Gateway (FLAG) portal now facilitates full electronic submission of prevailing wage requests and PERM applications, with built-in case tracking and audit response capabilities. This digital infrastructure has largely replaced paper-based systems, improving efficiency but also introducing new compliance responsibilities for employers to maintain accurate electronic records.

USCIS has similarly expanded its online filing capabilities, including for Forms I-140 and I-907 (Premium Processing). Employers can now create digital accounts to monitor case progress, upload supporting evidence, and receive automated notifications. The agency’s stated objective, set out in its 2024–2028 Strategic Plan, is to achieve end-to-end electronic adjudication for most employment based benefit requests by FY2026. These advancements aim to increase transparency, consistency, and speed, though technical issues and inconsistent adjudication standards still occur across service centres.

The DOL has also integrated machine learning into prevailing wage analysis to improve accuracy and uniformity in wage assignments. However, employers must remain vigilant, as misclassification or incorrect job descriptions can still lead to audits or denials. Periodic review of the DOL’s prevailing wage guidance and public data sources helps ensure alignment with current wage levels and occupational codes.

3. Reform Proposals and Legislative Updates

Several proposed legislative and policy initiatives could materially reshape the employment based immigration landscape if enacted or expanded:

• Per-Country Cap Reform: The Equal Access to Green Cards for Legal Employment (EAGLE) Act continues to attract bipartisan discussion. The proposal would phase out the 7% per-country cap on employment based green cards to address backlogs affecting nationals of India and China. Although the bill has not yet been enacted, similar proposals remain under congressional consideration.
• STEM Talent Retention Initiatives: The U.S. administration has broadened eligibility under the National Interest Waiver and O-1 categories to encourage retention of high-skilled foreign graduates in science, technology, engineering, and mathematics fields. These measures are part of a broader strategy to strengthen U.S. innovation and workforce competitiveness.
• Transparency and Processing Efficiency: USCIS has introduced new public-facing dashboards that display average processing times and backlog volumes. The agency has committed to a long-term target of reducing average case adjudication times for most immigration benefits to six months or less by FY2026.
• EB-5 Integrity Enforcement: The EB-5 Reform and Integrity Act of 2022 continues to enhance oversight of investor petitions and regional centres, requiring detailed fund-tracing, annual registration, and verifiable job-creation reporting to combat fraud and maintain program integrity.

Although comprehensive immigration reform remains politically challenging, these incremental measures indicate a sustained federal emphasis on digitalisation, compliance enforcement, and high-skilled immigration. Employers sponsoring foreign talent should periodically review internal policies and adapt strategies to account for evolving agency expectations and regulatory developments.

Section Summary: Employment based immigration in 2025 reflects steady progress toward efficiency and accountability. Visa backlogs persist for certain nationalities, but USCIS and DOL modernisation efforts, coupled with STEM-focused policy expansions, are reshaping case management and workforce mobility. Regular monitoring of the Visa Bulletin, fee updates, and agency guidance remains essential to ensure compliance and to capitalise on policy improvements as they emerge.

FAQs

What are the main employment based green card categories?
Employment based green cards are divided into five preference categories: EB-1 for priority workers, EB-2 for advanced degree professionals and those with exceptional ability, EB-3 for skilled workers and professionals, EB-4 for special immigrants, and EB-5 for qualifying investors. Each category has distinct eligibility standards and evidentiary requirements. Some categories, such as EB-1A and EB-2 NIW, allow self-petitioning without employer sponsorship.

How long does it take to get an employment based green card?
Processing times vary greatly depending on category, nationality, and government workload. Applicants from countries without visa backlogs often complete the process within 18–30 months, while those from oversubscribed countries such as India and China may wait several years—or even more than a decade—due to per-country caps. The timeline includes DOL processing, USCIS adjudication, and visa bulletin movement.

Can I apply for a green card without employer sponsorship?
Yes, in limited circumstances. Applicants who qualify for the EB-1A (extraordinary ability) or EB-2 National Interest Waiver (NIW) categories may self-petition by demonstrating exceptional talent or that their work benefits the United States as a whole. Most other categories, such as EB-2 and EB-3 standard filings, require a U.S. employer sponsor through PERM and I-140 petitioning.

What happens if my employer withdraws the petition?
If the I-140 petition is withdrawn before approval, the case ends and a new employer must restart the process. If the I-140 has already been approved, the applicant usually retains the priority date for future filings unless USCIS revokes the petition for fraud, misrepresentation, or material error. Additionally, if the I-485 has been pending for at least 180 days, the applicant may change employers under AC21 portability rules if the new role is in the same or a similar occupational classification.

Can my family work while my green card is pending?
Yes. Dependents—spouses and unmarried children under 21—who file Adjustment of Status (I-485) applications may apply for Employment Authorization Documents (EADs), allowing them to work lawfully while the application is pending. For consular processing cases, family members can work only after being admitted to the U.S. as lawful permanent residents.

What is the difference between Adjustment of Status and Consular Processing?
Adjustment of Status (AOS) is filed within the United States using Form I-485, allowing the applicant to remain lawfully in the country during adjudication and access interim benefits such as work and travel authorization. Consular Processing, by contrast, is completed abroad at a U.S. embassy or consulate using Form DS-260 and generally takes less time once a visa number is available. However, it does not provide interim work or travel benefits before entry.

What are priority dates and why are they important?
The priority date establishes an applicant’s place in the green card queue. For PERM-based cases, it is the date the DOL receives the ETA-9089 filing; for non-PERM cases (such as EB-1A or NIW), it is the date USCIS receives the I-140 petition. Visa allocation follows these dates according to the monthly Visa Bulletin, which determines when an applicant may file or complete their Adjustment of Status or consular process.

Can I change employers while my green card application is pending?
Yes, under specific conditions. The American Competitiveness in the Twenty-First Century Act (AC21) allows applicants whose I-485 Adjustment of Status has been pending for at least 180 days to change employers if the new job is in the same or similar occupational classification. The applicant must file Form I-485 Supplement J to confirm the new offer. Job changes before I-140 approval generally require restarting the process, though approved petitions may allow priority date retention.

What are common reasons for denial?
Denials can result from inconsistencies between the PERM and I-140 filings, failure to prove the employer’s ability to pay, insufficient evidence of eligibility, misrepresentation, or failure to maintain lawful status. Other causes include incomplete recruitment documentation or inadmissibility under INA § 212(a). Accurate documentation and legal review at each stage significantly reduce these risks.

Can my children lose eligibility during the process?
Yes. Children who turn 21 before the green card is approved may “age out” and lose derivative eligibility. The Child Status Protection Act (CSPA) allows age to be frozen for a limited period by subtracting the time USCIS took to adjudicate the I-140 from the child’s biological age at visa availability. However, parents should closely monitor priority date progression to ensure their child remains eligible.

Conclusion

The employment based green card system forms a cornerstone of the United States’ skilled immigration framework. It enables U.S. employers to secure global talent and allows qualified foreign professionals to build permanent lives and careers in the United States. For individuals, it provides security, unrestricted employment rights, and a clear path to U.S. citizenship after five years of residence. For employers, it offers a means of retaining high-value talent that drives innovation and strengthens the national economy.

However, the process remains highly procedural and legally complex. It requires close coordination among multiple government agencies — the Department of Labor, U.S. Citizenship and Immigration Services, and the Department of State — each with specific documentation and compliance requirements. From PERM Labor Certification through I-140 adjudication and the final Adjustment or Consular step, every stage carries potential pitfalls that can delay or derail an application if not handled correctly.

Success in the employment based green card process depends on accuracy, foresight, and consistency. Employers must conduct lawful recruitment, maintain detailed records, and pay all required PERM-related costs in accordance with DOL rules. Applicants must preserve lawful status, track visa bulletin movements, and prepare complete evidentiary filings. Both parties should remain aware of evolving USCIS guidance, fee changes, and legislative updates that may impact eligibility or timelines.

Despite persistent backlogs and administrative challenges, the U.S. employment based immigration system remains one of the most reliable and respected pathways to permanent residence worldwide. For global professionals — including UK-based applicants — strategic preparation and legal diligence ensure that the process achieves its ultimate goal: long-term residence, stability, and contribution to the U.S. economy under the protections of federal law.

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