For many U.S. employers, sponsoring an employee for permanent residence is an important part of retaining skilled talent. For employees, it can be one of the most significant steps in building a long-term career and life in the United States.
But the employment-based green card process is rarely a single filing. Depending on the immigration category, it may involve the employer, the U.S. Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), and, in some cases, the U.S. Department of State.
Understanding the process early can help employers plan workforce needs, avoid unnecessary delays, and give employees a clearer picture of what to expect.
Here is how the green card sponsorship process generally works.
What Is Employment-Based Green Card Sponsorship?
Employment-based green card sponsorship is the process through which a U.S. employer supports an eligible foreign national in seeking lawful permanent residence based on employment.
There are several employment-based immigrant visa categories, and the right path depends on factors such as the employee’s qualifications, the position and the employer’s requirements.
Two commonly used categories are EB-2 and EB-3.
- EB-2 (employment-based second preference) generally covers professionals holding advanced degrees or individuals with exceptional ability, while EB-3 (employment-based third preference) can cover professionals, skilled workers, and certain other workers.
- Not every employment-based green card case follows the same process. Some categories can avoid the initial stage or PERM labor certification. However, for most employer-sponsored EB-2 and EB-3 cases, however, PERM is a central part of the journey.
Step 1: Determine the Right Green Card Strategy
Before filing paperwork, the employer should determine which employment-based category fits the case. This is more important than it may initially appear.
The requirements of the position can affect whether a case qualifies for EB-2 or EB-3. The employee must also be able to demonstrate that they meet the position’s required qualifications. Employers should avoid treating green card sponsorship as an administrative process that begins only when a form needs to be filed.
The strategy should be developed first. This is especially important for growing companies where an employee’s responsibilities may evolve quickly. Promotions, changes in job duties, reorganizations, acquisitions, relocations, and other business changes can potentially affect an immigration strategy.
Step 2: Prevailing Wage Determination
For PERM-based cases, one of the early steps is obtaining a Prevailing Wage Determination (PWD) from the Department of Labor. The employer provides information about the position, including its duties, requirements, and work location. DOL then determines the applicable prevailing wage for the position.
The prevailing wage is important because the employer must generally demonstrate its intention and ability to pay the required wage in connection with the sponsored position.
Employers should carefully develop the position before reaching this stage. Job duties and minimum requirements should reflect the employer’s genuine business needs rather than being created simply to fit a particular employee’s background.
Step 3: The PERM Recruitment Process
Once the appropriate groundwork has been completed, the employer may move into the recruitment stage required in the PERM labor certification process.
PERM recruitment is not usually the same as ordinary company recruiting. DOL requires employers to conduct specified recruitment activities to test the U.S. labor market. The exact recruitment steps can depend on the type of position and applicable regulations.
The employer must follow the required procedures carefully, including recruitment timing, advertisements, notices, documentation, and sometimes, applicant review.
If U.S. workers happen to apply, their applications must be evaluated according to the requirements of the position. Employers cannot reject qualified U.S. applicants for unlawful or impermissible reasons simply because they prefer to sponsor the foreign national employee.
This is one reason PERM cases require careful coordination between immigration counsel, HR, hiring managers, and anyone involved in reviewing applicants.
Step 4: Filing the PERM Labor Certification
After completing the required recruitment process, the employer files the PERM application with the U.S. Department of Labor.
The filing asks DOL to certify that the applicable requirements for permanent labor certification have been satisfied. Information about the employer, position, employee, recruitment process, worksite, requirements, and other aspects of the case should be consistent with the underlying documentation.
Employers should also retain the required recruitment and supporting records. A case may be selected for audit, in which case the employer can be required to provide documentation supporting the filing. For this reason, the work done before filing can be just as important as the filing itself.
Step 5: Filing Form I-140 With USCIS
PERM approval does not grant the employee a green card. The next step is the filing of Form I-140, Immigrant Petition for Alien Workers, with USCIS.
At this stage, the employer is asking USCIS to classify the employee under the appropriate employment-based immigrant category.
USCIS review to determine that the employee meets the qualifications required for the position and immigration classification. The petitioning employer will also need to establish its ability to pay the offered wage.
Supporting evidence can vary significantly depending on the case. It may include educational credentials, experience documentation, company financial records and other relevant evidence.
In this stage careful planning at the beginning of the process can pay off. Requirements established during the PERM process need to align with the employee’s qualifications and the subsequent immigrant petition.
Step 6: Understanding the Priority Date and Visa Bulletin
One of the most confusing parts of employment-based immigration is the priority date. Typically, the priority date is the date the Department of Labor accepts the labor certification application for processing.
That date can become extremely important because employment-based immigrant visas are subject to annual numerical limits, including limits affecting nationals of particular countries.
The Department of State publishes a Visa Bulletin each month showing visa availability across immigrant categories and countries of chargeability. An approved I-140 therefore does not necessarily mean an employee can immediately receive permanent residence.
Depending on the employee’s category, country of chargeability, and priority date, there may be a wait before the final green card stage can move forward. For employees from countries with significant employment-based visa backlogs, this can be an especially important part of long-term immigration planning.
Step 7: Adjustment of Status or Consular Processing
When an immigrant visa becomes available and the employee is otherwise eligible, the case can move toward the final stage. Employees who are eligible and physically present in the United States can typically file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
Adjustment of status involves additional filings and documentation, including medical examination requirements and supporting civil documents. An applicant may seek employment authorization and travel authorization while the I-485 is pending.
In some cases, the employee will complete the immigrant visa processing through a U.S. embassy or consulate abroad. While less common, this option may be the best fit for a situation where the employee is not eligible for adjustment of status, or when they are residing outside the United States. The correct final-stage strategy depends on the employee’s individual immigration circumstances.
How Long Does Employer Green Card Sponsorship Take?
There is no single timeline that applies to every employment-based green card case.
The overall process can be affected by prevailing wage processing, recruitment requirements, PERM processing times, audits, USCIS processing, requests for evidence, visa availability, the employee’s country of chargeability, and the employment-based category being used.
For these reasons, employers should avoid waiting until an employee’s temporary work authorization is close to expiring before discussing permanent residence. Green card sponsorship and temporary work status are related planning issues, but they are not the same process. Starting early gives employers and employees more room to deal with unexpected delays or changes.
Planning Ahead Makes a Difference
Employment-based green card sponsorship can appear complicated because several different processes are connected to one another. But when employers understand the sequence, it becomes much easier to plan.
For many PERM-based EB-2 and EB-3 cases, the path can be viewed simply as:
Green card strategy → Prevailing wage → PERM recruitment → PERM filing → I-140 petition → Priority date/visa availability → I-485 or consular processing → Permanent residence
Each stage has its own requirements, deadlines, and potential complications. A problem created early in the process will sometimes surface months, or even years later, which is why careful planning execution from the beginning really matters.
Considering green card sponsorship for an employee? Visawolf works with employers and foreign national professionals to develop employment-based immigration strategies, navigate the PERM and I-140 process, and plan for the path to permanent residence.
Corporate Immigration | Certified Specialist – Jakob is recognized by the State Bar of California Board of Legal Specialization as a Certified Specialist in Immigration and Nationality Law, a distinction held by relatively few attorneys nationwide.