Employment-Based Green Card Timeline and Adjustment of Status
Getting an employment-based green card is often a lengthy but rewarding journey. For many professionals, obtaining lawful permanent residency in the United States through employment offers long-term stability and a pathway to U.S. citizenship. There are multiple ways to pursue this status, and one of the most common routes is filing Form I-485 (Adjustment of Status).
The overall employment-based green card timeline can range anywhere from seven months to five years, depending on your category, country of chargeability, and case circumstances. At Green Card Link, its immigration attorneys can carefully evaluate your eligibility and guide you through each step of the process.
Keep reading to learn how long the adjustment of status process may take, what benefits you may access while waiting, and how each stage of the employment-based green card timeline works.
Adjustment of Status Under U.S. Immigration Law
According to the Immigration and Nationality Act (INA), a foreign national may only adjust from a nonimmigrant visa to lawful permanent residency if all eligibility criteria are satisfied. Understanding these requirements is essential for anticipating your own green card timeline.
Benefits of Employment-Based Adjustment of Status
Reaching the adjustment of status stage provides several important advantages:
Final Step Before Receiving Your Green Card
For employment-based applicants, approval of the adjustment of status is usually the last step before receiving permanent resident status. Unlike certain family-based applications, additional interviews are not always required.
Apply for Advance Parole While Pending
One of the greatest benefits of filing an adjustment of status is the ability to apply for Advance Parole at the same time. Advance Parole allows you to travel abroad and return to the U.S. without a new visa while your green card application is pending. Importantly, it prevents your pending I-485 from being considered abandoned. This is especially valuable since some employment-based cases may take years to process.
Apply for Employment Authorization (EAD)
Filing for adjustment of status also allows you to apply for an Employment Authorization Document (EAD) by submitting Form I-765. This work permit enables you to legally work in the U.S. while awaiting a decision. Typically, USCIS takes about 90 days to issue an EAD.
Flexibility to Change Employers After Six Months
If your green card application is based on employer sponsorship (EB-1, EB-2, or EB-3), you may switch employers after 180 days of filing the I-485—provided the new job is in the same or similar occupational category. The exception is for EB-2 National Interest Waiver (NIW) applicants, who are self-petitioners and do not require employer sponsorship.
The PERM Labor Certification Process
For most employment-based green cards (except EB-1 and EB-2 NIW), your sponsoring employer must complete the PERM Labor Certification. This ensures that hiring a foreign worker will not negatively impact qualified U.S. workers.
Steps in the PERM Process:
- Recruitment Period: Employers must advertise the position for at least 30 days.
- Waiting Period: Employers must allow an additional 30 days for applicants to respond.
- Interviews and Review: Employers must carefully evaluate qualified U.S. applicants.
If no qualified U.S. worker is found, the Department of Labor (DOL) processes the PERM, which typically takes about 16 months.
Possible Delays in PERM:
- DOL Audits: Random or targeted audits may require employers to submit detailed recruitment documentation, adding up to 9 months to processing.
- Supervised Recruitment: Employers with prior compliance issues may be placed under direct DOL supervision, extending processing to 18 months or longer.
On average, the entire PERM process—including prevailing wage determination, recruitment, and application review—takes 23 to 25 months.
The I-140 Petition (Immigrant Petition for Alien Worker)
After PERM approval, the employer files Form I-140 with USCIS. This petition proves that:
- You meet the job requirements stated in the PERM application.
- The employer has the financial ability to pay your offered wage.
Processing Times:
- Regular Processing: 6–9 months
- Premium Processing: 15 calendar days
The filing date of the I-140 becomes your priority date, which determines when you may file the I-485 based on the Department of State Visa Bulletin.
Visa Bulletin & Waiting Times
The Visa Bulletin sets final action dates for each preference category and country. Processing times differ greatly depending on:
- Your green card category (EB-1, EB-2, EB-3, etc.)
- Your country of birth (India and China often face longer backlogs).
Applicants from low-demand countries may have little to no wait, while others face delays of several years.
The I-485 Adjustment of Status Filing
Once your priority date becomes current, you may file the I-485 Adjustment of Status. Average USCIS processing time is about 7 months, though times vary based on workload and field office.
After approval, you officially become a lawful permanent resident (green card holder) and may apply for naturalization after five years.
Employment-Based Green Card Categories
There are five main employment-based categories, with the following three being the most common:
EB-1: Extraordinary Ability, Outstanding Professors, or Researchers
- Most prestigious category.
- Shorter wait times in many cases.
- EB-1A applicants may self-petition without employer sponsorship.
- No PERM required.
EB-2: Advanced Degree or Exceptional Ability
- Requires employer sponsorship unless filing under the National Interest Waiver (NIW).
- PERM usually required unless NIW is granted.
EB-3: Skilled Workers, Professionals, and Other Workers
- Requires employer sponsorship and PERM.
- Generally longer wait times compared to EB-1 and EB-2.
EB-2 and EB-3 Employment-Based Green Cards: A Complete Guide
EB-2 Green Card: Advanced Degrees or Exceptional Ability
The EB-2 employment-based second preference green card is designed for individuals who hold advanced degrees or demonstrate exceptional ability in fields such as science, business, or the arts. A unique feature of this category is the National Interest Waiver (NIW), which allows applicants to bypass the traditional PERM Labor Certification if they can prove their work directly benefits the United States.
Processing times for the EB-2 vary depending on whether you pursue the traditional route or apply under the NIW. Keep in mind that premium processing is not available for NIW petitions, which often leads to longer adjudication periods.
For more insights, explore our EB-2 NIW Frequently Asked Questions resource.
EB-3 Green Card: Skilled Workers, Professionals, and Other Workers
The EB-3 green card covers a broader range of applicants and generally requires fewer qualifications than the EB-1 or EB-2. To qualify, you must fall into one of the following groups:
- Skilled Workers: At least two years of relevant job experience or specialized training.
- Professionals: A U.S. bachelor’s degree (or foreign equivalent) in your field.
- Other Workers: Unskilled workers capable of performing labor that is permanent, full-time, and not seasonal in nature.
Unlike the NIW under EB-2, all EB-3 applicants must secure a job offer from a U.S. employer and complete the PERM Labor Certification process, which often results in longer overall processing timelines.
Key Requirements for Employment-Based Green Cards
Applicants pursuing adjustment of status under employment-based categories typically need to submit:
- Form I-485, Application to Adjust Status
- Form I-693, Medical Report and Vaccination Record
- A copy of Form I-797, confirming that Form I-140 was received and approved by USCIS
- Approved Labor Certification (if applicable)
- Employment Verification Letter on official letterhead, including job details and salary
- Copies of recent pay stubs
- Copy of approved I-140 if not filed concurrently
Because each case may require additional supporting evidence, it’s best to seek professional guidance from immigration attorneys at Green Card Link.
Employment-Based Green Card Costs
The primary government filing fees associated with employment-based green cards include:
- I-140 Petition Fee – $715
- I-485 Adjustment of Status Fee – $1,440 per applicant
- Premium Processing (Optional) – $2,805
While the Department of Labor charges no fee for the PERM process, costs may arise from recruitment campaigns or advertising requirements that employers must fulfill.
Green Card Interviews for Adjustment of Status
Although many employment-based green card cases do not require an interview, USCIS may issue one in certain circumstances. If selected, you should appear in professional attire and bring:
- Original passports
- Any current or expired EAD cards
- The interview notice
- Pay stubs, tax returns, and employment letters
- Advance parole or other travel authorizations
- Updated employment-related documentation if your job situation has changed
Maintaining Nonimmigrant Status During the Process
Because employment-based green card processing times may vary, applicants are advised to maintain valid nonimmigrant status until the I-140 petition is approved. This helps safeguard against potential risks, such as I-140 denial.
Premium Processing for Employment-Based Petitions
Premium processing allows certain applicants to receive expedited adjudication of Form I-140 in 15 calendar days for an additional $2,805. However:
- It only applies to the I-140, not the I-485 or other forms.
- It does not guarantee approval or change your visa bulletin priority date.
- It is unavailable for EB-1C (Multinational Executives/Managers) and EB-2 NIW cases.
For H-1B visa holders, premium processing can provide faster approval of I-140 petitions, offering benefits such as extended work authorization and smoother future immigration planning.
Tips While Your Employment-Based Green Card Application Is Pending
- Update Your Address – File a change of address with USCIS to ensure you don’t miss critical notifications.
- Track Case Status – Monitor your application progress through the USCIS Processing Time portal.
- Travel Carefully – If you need to leave the U.S., apply for Form I-131 (Advance Parole) before traveling. Leaving without it may result in USCIS considering your green card application abandoned.
How Green Card Link Can Help You
Employment-based immigration involves complex requirements and documentation. At Green Card Link, its immigration attorneys carefully evaluate your case, identify the most effective strategy, and prepare the necessary filings to maximize your chances of success.
Whether you are pursuing an EB-2 with a National Interest Waiver, an EB-3 petition, or exploring premium processing options, the immigration attorneys at Green Card Link provide the personalized guidance you need. Schedule a consultation today to begin your journey toward permanent residency in the United States.