EB-2 (advanced degree / exceptional ability) and EB-3 (professional, skilled, unskilled workers) are the most common employer-sponsored employment green cards. The full process takes several years through four phases: PERM Labor Certification, I-140 petition, priority date wait, and final adjustment of status.
EB-2 vs EB-3:
EB-2 requires a U.S. master's degree or higher, OR a
bachelor's plus 5+ years of progressive experience, OR exceptional ability.
EB-3 requires a bachelor's degree (Professional),
2+ years of training or experience (Skilled), or unskilled labor.
EB-2 priority dates generally move faster than EB-3, but the threshold is higher.
For other categories: EB-1A / EB-1B / EB-1C / EB-2 NIW
skip the PERM phase and start directly at I-140.
The first step in sponsoring an employee for permanent residence is obtaining a labor certification (PERM) from the U.S. Department of Labor (DOL). A PERM is DOL's certification that no qualified, willing, and available U.S. worker exists to fill the sponsored position, and that the employer is paying (or will pay) at least the prevailing wage.
PERM describes a future job offer. The application is not tied to the employee's current role—it represents the position the employer expects the worker to hold once the green card is approved. Because the full PERM and green card process can take three years or more, the job duties and requirements should reflect that future position from the start.
PERM has four sub-phases:
| Form | Purpose | Fee | Official Link |
|---|---|---|---|
| ETA-9089 | PERM Labor Certification (filed by employer) | No fee | Case Status Search → |
| ETA-9141 | Prevailing Wage Request | No fee | Case Status Search → |
Critical timing: the day PERM is filed becomes your Priority Date—your place in the visa queue.
⚠️ Keep the job stable. A labor certification remains valid only while three things stay unchanged: the worker stays (1) with the same employer, (2) at the same worksite, and (3) in the same job. A significant change in job duties, title, or location before permanent residence is granted can invalidate the PERM. If you are considering any promotion or change, tell us before we start so we can plan for it when drafting the forms.
Once PERM is certified, the employer has six months to file Form I-140, Immigrant Petition for Alien Worker, with USCIS to formally establish the visa category. Our office prepares the petition for the employer's signature and submits it together with the approved labor certification.
At this stage, the employer must submit documentation showing the company's ability to pay the offered wage, and we submit the employee's documentation verifying that he or she meets every minimum requirement listed in the labor certification.
| Form | Purpose | Fee | USCIS Link |
|---|---|---|---|
| I-140 | Immigrant Petition for Alien Worker | $715 | File I-140 → |
| I-907 | Premium Processing Service | $2,965 | File I-907 → |
Processing options:
Once your I-140 is approved, your priority date is locked. Even if you change employers or categories later, you generally retain that priority date (unless the I-140 is revoked, or it was approved less than 180 days ago).
The Department of State publishes the monthly Visa Bulletin based on per-country, per-category green card quotas. Your priority date must be earlier than the listed cutoff (or marked "Current") before you can move to the final phase.
Typical waiting times by country of birth:
⚠️ The Visa Bulletin changes monthly and may also retrogress (move backward). Track each month closely and consult counsel about the optimal filing strategy.
Monthly Visa Bulletin → Priority dates explained →You can move to this phase only when a visa number is available under the USCIS Visa Bulletin—that is, when your priority date is earlier than the applicable cutoff date USCIS is using that month. When a number is immediately available, the I-485 may even be filed concurrently with the I-140. At this point you choose between two paths based on your location:
Option A: Adjustment of Status (Form I-485)
Option B: Consular Processing
The employer's remaining role is minimal— usually a letter verifying the worker's employment, and occasionally a notarized job-offer form. Most of the work at this stage is gathering the employee's personal documents (birth certificates, marriage certificates, and the like). Once the green card is issued, our representation of the employer for that particular employee comes to an end.
| Form | Purpose | Fee | USCIS Link |
|---|---|---|---|
| I-485 | Adjustment of Status (in-U.S. path) | $1,440 | File I-485 → |
| I-693 | Medical Examination | Paid to physician | View I-693 → |
| I-765 | Employment Authorization (EAD) | $260 | File I-765 → |
| I-131 | Advance Parole Travel Document | $630 | File I-131 → |
| DS-260 | Immigrant Visa Application (consular path) | $345 | CEAC DS-260 → |
The reality of timing: Most ROW applicants complete the full EB-2 / EB-3 process in 3–5 years. China- and India-born applicants face priority date waits that can stretch the timeline to 10+ years. If you have outstanding achievements, consider EB-1A / EB-2 NIW instead—they skip PERM and typically complete in 1–3 years. Strategic early planning can save you years on your green card timeline.