Permanent Residence
Employment-Based Green Card Attorney
An employment-based green card gives a worker lawful permanent residence based on their job, their employer's sponsorship, or their own qualifications. Most cases move through three stages: a labor market test where required, an immigrant petition, and then adjustment of status or consular processing.
Which category fits depends on the role's requirements, the worker's credentials, country of birth and the wait times published in the monthly Visa Bulletin.
The main employment-based categories
- EB-1: extraordinary ability, outstanding researchers and professors, and multinational managers or executives
- EB-2: advanced degree professionals and those with exceptional ability
- EB-2 national interest waiver: self-petition where the work has national importance
- EB-3: skilled workers, professionals and certain other workers
- Schedule A: occupations pre-certified as shortage occupations, currently including many nursing and physical therapy roles
- EB-4 and EB-5: special immigrants and investors, handled case by case
Stage one: PERM labor certification
Most EB-2 and EB-3 cases require the employer to test the U.S. labor market through PERM before filing an immigrant petition. The employer obtains a prevailing wage determination, conducts prescribed recruitment, and certifies that no able, willing, qualified and available U.S. worker was found for the role as advertised.
Stage two: the immigrant petition
With a certified labor certification, or in categories that do not require one, the employer or self-petitioner files the immigrant worker petition. The petition establishes the category, the qualifications and, for employer-sponsored cases, the employer's ability to pay the offered wage from the priority date forward.
Stage three: priority dates, adjustment and consular processing
A green card cannot be issued until an immigrant visa number is available for the applicant's category and country of birth. The Visa Bulletin publishes these cut-off dates monthly. When a number is available, the applicant either adjusts status inside the United States or completes consular processing abroad.
Employer responsibilities that continue after filing
- Paying at least the offered wage once permanent residence is granted
- Maintaining the recruitment file and PERM audit documentation
- Reporting material changes in the role, worksite or corporate structure
- Coordinating work authorization and travel documents while cases are pending
- Tracking nonimmigrant status so it does not lapse during long waits
- Keeping Form I-9 records current for the sponsored employee
Planning around long waits
For nationals of countries with heavy demand, waits between petition approval and visa availability can be lengthy. Planning usually means preserving nonimmigrant status, keeping extensions timely and considering whether a different category or a national interest waiver is realistic.
Frequently asked questions
Do all employment green cards require PERM?
No. EB-1 categories, the EB-2 national interest waiver and Schedule A occupations follow different routes that do not require standard PERM recruitment.
What is a priority date?
It is the date that establishes a person's place in line for an immigrant visa number, generally set by the filing of the labor certification or the immigrant petition depending on the category.
Can a worker change employers during the process?
Sometimes, and the effect depends on how far the case has progressed. Some portability is available once an adjustment application has been pending for a set period in a same or similar occupation.
Can family members be included?
A spouse and unmarried children under 21 can generally apply as derivative applicants at the adjustment or consular stage.
How long does an employment green card take?
Timelines depend on the category, government processing and visa availability for the applicant's country of birth. No attorney can guarantee a timeframe.
Does the employer pay the costs?
Certain PERM costs must be paid by the employer and cannot be shifted to the worker. Other costs are allocated by agreement within legal limits.
Primary government sources
Written by the Blasingame Law LLC team. Attorney reviewer: Amber L. Blasingame — [ATTORNEY REVIEW REQUIRED BEFORE PUBLISHING]. Last reviewed: [ADD LEGAL REVIEW DATE].
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