Employer-Sponsored Green Card Process: A Complete Guide
There are multiple pathways to immigrate to the United States based on employment or job-related opportunities. However, it is the responsibility of the foreign worker to demonstrate that no qualified U.S. worker is available for the position. This requirement is part of the Labor Certification process, which involves several steps before approval. In this guide, immigration attorneys at Green Card Link explain the employment-based green card options, the Labor Certification steps, and the documents necessary to pursue an employer-sponsored green card.
Employer-Sponsored Green Card Process
The process typically begins when the employer obtains an Application for Permanent Labor Certification (PERM), approved by the U.S. Department of Labor (DOL). Once the labor certification is approved, the employer must file Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign employee.
Labor Certification Steps
1. Prevailing Wage Determination (PWD)
The first step for the employer is to request a Prevailing Wage Determination through the DOL’s online iCert system. This ensures the position offers fair wages comparable to similar roles in the labor market.
2. Recruitment and Advertising of the Position
The employer must advertise the position in statewide job databases and other approved outlets before offering the job to a foreign worker. This step protects U.S. workers by preventing employers from replacing domestic workers with less expensive labor abroad.
3. Filing the PERM Labor Certification
If no qualified U.S. workers apply after the recruitment period, the employer may then file the PERM Labor Certification with the DOL.
PERM Processing Time
The processing timeline depends on whether a case is audited:
- Non-audited cases: Around 8 months from filing to certification.
- Audited cases: Can take up to 14 months, and in some cases, as long as 18 months.
Employment-Based Green Card Categories
Several EB green card categories are available, depending on the applicant’s qualifications and employment background.
EB-1: Priority Workers
The EB-1 category includes:
- Individuals with extraordinary ability in sciences, arts, education, business, or athletics.
- Outstanding professors and researchers with at least three years of teaching or research experience.
- Multinational executives and managers employed by a parent, subsidiary, or affiliate abroad for at least one of the past three years.
EB-1 visas do not require a PERM Labor Certification, though employers must file a petition. Notably, the EB-1A (extraordinary ability) and the EB-2 NIW (National Interest Waiver) are the only employment-based categories that allow self-petitioning without employer sponsorship.
EB-2: Professionals with Advanced Degrees or Exceptional Ability
Applicants may qualify if they have:
- An advanced degree beyond a bachelor’s, or a bachelor’s degree plus five years of progressive experience.
- Exceptional ability in sciences, arts, or business.
Most EB-2 applicants need PERM certification unless applying under the National Interest Waiver (NIW), which eliminates the employer sponsorship requirement.
EB-3: Skilled Workers and Professionals
EB-3 applicants include:
- Professionals with at least a bachelor’s degree or foreign equivalent.
- Skilled workers with a minimum of two years of training or experience.
This category is broader but limited in number—only about 10,000 visas are issued each year for “other workers.” PERM approval is required, and delays are common
EB-4: Religious Workers and Other Special Immigrants
This category is typically reserved for religious workers affiliated with nonprofit organizations. The employer must file Form I-360. Unlike other categories, EB-4 does not require a labor market test, making the process faster—sometimes only a few months.
Employment-Based Green Card Categories
Employers are responsible for most costs in the PERM process, including:
- Recruitment and advertising expenses
- Legal fees for representation by immigration attorneys at Green Card Link
- Additional fees related to audits or case complications
Employees may be responsible for certain filing fees depending on the green card category and adjustment of status process.
Priority Dates and Visa Bulletin
Every employment-based green card is subject to priority dates, which determine when applicants may proceed with their cases. Your priority date is the date USCIS receives the petition. This date must match or surpass the final action date in the Department of State’s monthly Visa Bulletin before applicants can move forward.
Applicants from countries with high demand—such as India and China—often face longer waiting periods due to per-country visa caps.
I-140 Processing Time
Form I-140 generally takes about six months to process. Employers can request premium processing for an additional $1,440, reducing the review time to 15 calendar days. However, not all petitions qualify for premium processing—for example, the EB-1C, EB-2 NIW, and EB-4 categories cannot use this service.
Adjustment of Status vs. Consular Processing
After I-140 approval, applicants have two options:
- Adjustment of Status (AOS): Available to individuals already in the U.S. under a valid visa. This involves filing Form I-485 and typically takes six months to process.
- Consular Processing: For applicants outside the U.S., requiring an interview at a U.S. consulate or embassy. Upon approval, the immigrant visa is stamped in the passport, allowing entry as a lawful permanent resident.
Begin the Employer-Sponsored Green Card Process
Securing an employer-sponsored green card can be a complex and time-sensitive process. The most effective way to avoid costly mistakes or delays is by working with an experienced legal team. At Green Card Link, its immigration attorneys specialize in employment-based immigration and can guide employers and employees through each step.
Whether you are an employer seeking to sponsor a skilled worker or an employee hoping to adjust your status, the immigration attorneys at Green Card Link are ready to help. Contact us today to schedule a consultation and start your path toward permanent residency in the United States.