The three stages: PERM, I-140, and green card
Stage 1 — PERM labor certification (6–18 months): The employer conducts DOL-regulated recruitment — job ads in newspapers, online job boards, employee referral postings — to prove no minimally qualified US worker applied. If no US worker is available and the role meets the prevailing wage, the employer files Form 9089 with the DOL. Approval is called the PERM certification.
Stage 2 — I-140 petition (6–8 months standard, 15 business days with premium processing): with the approved PERM, the employer files Form I-140 with USCIS to classify you in the correct employment preference category (EB-2 or EB-3). The filing date becomes your priority date — the date that determines your place in the immigrant visa queue.
Stage 3 — Wait for visa availability (priority date current): When the Visa Bulletin shows your country/category's cutoff date is past your priority date, you can file Form I-485 (inside the US) or attend a consular interview at a US embassy abroad. This stage can take months for most countries or decades for India/China nationals in EB-3.
EB-2 vs EB-3: which category fits you?
EB-2 (Employment-Based Second Preference) requires an advanced degree (master's or equivalent) or exceptional ability in your field. EB-2 NIW (National Interest Waiver) is a subcategory that waives the PERM requirement entirely — you self-petition if your work benefits the US nationally. EB-3 (Third Preference) covers skilled workers (requiring at least 2 years of training or experience), professionals with a bachelor's degree, and unskilled or 'other workers.' EB-2 has shorter wait times than EB-3 for most countries except India, where both categories are severely backlogged.
Who pays — employer or employee?
The employer must pay all PERM-stage costs (attorney fees, recruitment advertising, DOL fees). USCIS I-140 government fees are also typically employer-paid. The employee can pay for premium processing of the I-140 in some cases. For the I-485 adjustment of status, the applicant (employee) pays the filing fee (~$1,440) and medical exam. Some employers include I-485 costs in their immigration benefits; many do not.
Related Questions
Can any employer sponsor a green card?
Any US employer with a genuine, permanent, full-time job opening can sponsor a green card if the role meets the prevailing wage and the employer can document financial ability to pay. H-1B sponsorship is separate and not required before an employer sponsors a green card.
What is the EB-2 NIW and who qualifies?
The National Interest Waiver allows individuals with an advanced degree or exceptional ability to self-petition without employer sponsorship or PERM if their proposed work substantially benefits the United States. It is popular with researchers, scientists, entrepreneurs, and physicians committed to serving underserved areas.
Can I change employers after the I-140 is approved?
Yes — under AC21 portability, if your I-485 has been pending for 180+ days, you may change to a same or similar occupation with a new employer without losing your priority date.
How long does the EB-3 green card take for India?
Due to per-country visa limits, Indian nationals in EB-3 face wait times measured in decades — the Visa Bulletin's EB-3 India cutoff is currently in the 2010s. The EB-2 India queue is slightly shorter but still multi-decade for many applicants.
What happens to my green card case if I am laid off?
If your I-485 has been pending less than 180 days, a layoff generally terminates the case unless you find a new employer to adopt the petition. After 180 days, AC21 portability may allow you to use the existing priority date with a new employer in a same or similar role.
Official Sources
This guide is general information, not legal advice. Fees and processing times change; always confirm with the official government source before acting.