Reference - Green Card, Permanent Labor Certification (PERM) Employment-based green card FAQ Share this article LinkedIn Facebook X (Twitter) November 17, 2025 This reference page outlines key aspects of the U.S. employment-based green card process, drawing from BAL’s guidance and legal best practices. What is an employment-based green card? An employment-based green card allows a foreign national to become a lawful permanent resident of the United States through sponsorship by a U.S. employer. It provides the individual with the right to live and work permanently in the U.S. and eventually apply for citizenship if desired. This pathway is commonly used by professionals, skilled workers and executives whose expertise is needed by U.S. companies. The employer plays a central role in the employment-based green card process. They initiate and fund the Program Electronic Review Management (PERM), file the I-140 petition and provide supporting documentation throughout. Employers must also ensure compliance with U.S. Department of Labor (DOL) regulations and maintain records of recruitment efforts. While the employee may handle the I-485 application, the employer’s continued support is crucial, especially if the employee has not yet reached the stage where job portability is allowed. Employers should also be aware of their obligations regarding prevailing wage determinations (PWD) and attestations made during the PERM process. What are the main steps in the employment-based green card process? The employment-based green card process typically involves three major steps: PERM labor certification, the I-140 immigrant petition (Immigrant Petition for Alien Workers) and the I-485 adjustment of status (Application to Register Permanent Residence or Adjust Status) or consular processing. Each step has distinct requirements and timelines. What is PERM labor certification? PERM labor certification is a document issued by the DOL that is required for many immigrant visa preference categories. The system that the DOL uses to process employers’ applications for labor certifications is called Program Electronic Review Management, also known as “PERM.” As part of the PERM labor certification process, the employer is required to test the labor market and demonstrate that there are no U.S. workers in the geographic area of employment who are able, willing, qualified and available to perform the job in question, and that the employment of a foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers. An employer sponsoring a foreign national for EB-2/EB-3 visa preference categories (see FAQ “What are the employer-sponsored/employment-based green card categories?” below) must obtain an approved PERM labor certification from the DOL before a Form I-140 can be filed with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national. To qualify for a labor certification, the employer must demonstrate: There is a bona fide, full-time permanent job opening that is available to U.S. workers. The job requirements adhere to what is customarily required for the occupation in the United States and are not tailored to the foreign worker’s qualifications. The job opportunity must be described without unduly restrictive job requirements, unless adequately documented as arising from business necessity. The employer will pay at least the prevailing wage for the occupation in the area of intended employment. The timeline for obtaining an approved PERM labor certification depends on a number of factors, including: Timeline for recruitment: For professional occupations, the mandatory job order with the State Workforce Agency must be posted for at least 30 days. In addition, only one of the three additional recruitment steps can take place solely during the 30-day period before filing the PERM labor certification application. Timeline for filing PERM labor certification application: The application must be filed with the DOL within 180 days from the time the recruitment began. DOL processing times: The DOL generally processes PWD requests and PERM labor certification applications in the order it receives them. The processing time may vary depending on the number of requests and applications the DOL has pending at any given time. Current processing times for PWD requests and pending PERM labor certification applications can be viewed on the DOL’s website. Whether DOL conducts an audit: The DOL will notify the employer when it approves or denies the labor certification. If the DOL selects the PERM labor certification application for audit, it will request additional documentation to demonstrate that the employer complied with all applicable requirements. This significantly delays the PERM labor certification processing time. What is an I-140 petition? An approved PERM labor certification allows the employer to file a Form I-140 with USCIS on behalf of the foreign national and classify the foreign national under the appropriate employment-based category. The Form I-140 petition must be filed with USCIS within 180 days of the PERM labor certification approval. What is an I-485 adjustment of status? After the I-140 petition is approved and an immigrant visa number is immediately available, there are two ways to apply for lawful permanent resident status (“green card”): file Form I-485 (if the applicant is in the U.S.) or apply through consular processing abroad. For example, an H-1B worker (a foreign national who holds a temporary, nonimmigrant visa to work in a “specialty occupation” in the U.S.) residing in the U.S. may pursue adjustment of status (“AOS”) to a lawful permanent resident after being sponsored for an immigrant visa by his or her employer (under one of the employment-based green card categories defined below). The H-1B worker would file an application requesting that USCIS adjust his or her status to that of a lawful permanent resident. An application for adjustment of status is submitted to USCIS on Form I-485. In general, foreign nationals may not apply for adjustment of status until a visa number is available for the specific immigrant visa category. The U.S. Department of State’s (DOS) monthly Visa Bulletin determines when foreign nationals are eligible to file a Form I-485 application with USCIS based on their priority date. If the priority date is not current, the applicant must wait until it becomes current to file the I-485 AOS. The DOS publishes the Visa Bulletin monthly, which shows the cutoff dates for each category and country. During this waiting period, the applicant may remain in the U.S. on a valid nonimmigrant visa and continue working. However, they cannot file Form I-485 or receive a green card until their priority date is current. This delay can be significant for applicants from oversubscribed countries, and it’s important to monitor the Visa Bulletin closely. After filing the Form I-485 application, applicants must attend a biometrics appointment at a USCIS Application Support Center to provide fingerprints, a photograph and signature. USCIS will review the Form I-485 application and notify the petitioner/applicant if additional documentation and/or an interview is required. After the additional documentation has been submitted and/or the interview has occurred, USCIS will determine whether to grant or deny the application. If USCIS grants the application, it will mail an approval notice to the foreign national and adjust the status of the individual to a lawful permanent resident. USCIS will mail the green card at a later date. What are the employer-sponsored/employment-based green card categories? There are three preference categories for employer-sponsored/employment-based green cards, each with specific eligibility criteria. The EB-1 First Preference category is for priority workers, including multinational executives, outstanding researchers and individuals with extraordinary ability and DOES NOT require a PERM labor certification application. The EB-2 Second Preference category eligibility criteria include foreign nationals who possess at least an advanced degree (a master’s degree or higher) or exceptional ability in the sciences, arts or business. This category typically requires a job offer from an employer and a PERM labor certification from the DOL, but this requirement can be waived for foreign nationals who qualify for a national interest waiver (a highly specialized green card category for foreign nationals who can show that their work in their field is of “national interest” to the U.S.). The EB-3 Third Preference category eligibility criteria include foreign nationals who can qualify under three circumstances: (1) they will be employed in a job that requires at least two years of training or work experience and is not of a temporary or seasonal nature; (2) the job/position must be of a nature that requires at least a U.S. bachelor’s degree or foreign equivalent, and the foreign national must belong to a “profession”; or (3) they will be employed in a job that involves unskilled labor requiring less than two years of training or work experience and is not of a temporary or seasonal nature. Selecting whether to pursue a green card through the EB-2 or EB-3 categories occurs when the employer/petitioner files the Form I-140 with USCIS. For cases that are eligible for both EB-2 and EB-3 categories, selecting the appropriate preference category can save years in the process and significant associated expense in future nonimmigrant status extensions. How does a change in roles affect the PERM labor certification process for EB-2 and EB-3 beneficiaries? In some circumstances, a foreign national may be the beneficiary of a Form I-140 petition that was based on a PERM labor certification for the EB-3 category but will have subsequently changed roles to a position that would qualify under the EB-2 category. In these situations, the employer should identify whether they must first undertake a new PERM labor certification recruitment process based on the new role’s requirements and the foreign national’s qualifications. This would allow the employer to file a subsequent Form I-140 petition under the EB-2 category, which may result in the foreign national receiving a green card sooner. How long does the employment-based green card process take? Timelines vary widely depending on the green card category, the applicant’s country of origin and government processing times. For example, EB-1 cases may be processed more quickly than EB-3 cases, and applicants from countries with high demand (such as India or China) may face longer wait times due to annual per-country caps. The PERM process alone can take six to 12 months, followed by several months for I-140 adjudication. If the priority date is current, the I-485 can be filed immediately; otherwise, applicants must wait until their date becomes current. Overall, the process can take anywhere from one to several years. Can the employee change jobs during the employment-based green card process? Changing jobs during the green card process can be risky and may affect eligibility. Job portability is allowed if the I-485 has been pending for at least 180 days and the new job is in the same or similar occupational classification. Before reaching this milestone, changing employers may require restarting the process from the beginning, including a new PERM and I-140. Can employers expedite the PERM process? No. Employers cannot expedite the PERM or PWD processes through premium or fast-track options. The DOL does not offer premium processing for PERM labor certification or PWD requests. How can employers best prepare for delays in the PERM process? Employers can mitigate PERM processing delays by adopting proactive strategies focused on planning, contingency measures and clear communication. To allow time for wage determination, recruitment filing and responding to audits or appeals if needed, employers should start the PERM process at least 24 months prior to a visa’s expiration. Workforce planning ensures that key dates are tracked early, allowing sufficient time for each step. Contingency strategies, like preparing alternative visa options or building buffer periods into project timelines, can help mitigate the impact of unexpected delays such as audits. Regular communication with legal counsel ensures that applications are complete, accurate and compliant with DOL standards, reducing the likelihood of rejections or prolonged reviews. Altogether, these practices can help employers navigate the PERM timeline more efficiently and avoid common pitfalls. Visit this page for more information on pursuing permanent residency.