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How to Get a Green Card Through Employment: The Process

Securing a green card through employment is a crucial pathway for foreign professionals seeking lawful permanent residency in the U.S. This comprehensive guide outlines the step-by-step process, including employer sponsorship and the necessary visa categories, while emphasizing the importance of finding an experienced attorney near you to navigate the complexities of immigration law.

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How to Get a Green Card Through Employment: The Process
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Securing a green card through employment is a crucial pathway for foreign professionals seeking lawful permanent residency in the U.S. This comprehensive guide outlines the step-by-step process, including employer sponsorship and the necessary visa categories, while emphasizing the importance of finding an experienced attorney near you to navigate the complexities of immigration law.
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Learn how to secure a green card through employment with our comprehensive guide. Discover the step-by-step process, EB visa categories, and essential tips for navigating employer sponsorship. For personalized assistance, connect with a qualified immigration attorney near you.
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How to Get a Green Card Through Employment: The Process

Securing a green card through employment is one of the most common ways for foreign professionals, skilled workers, and investors to obtain lawful permanent residency in the U.S.. Employment-based green cards offer long-term work authorization, a path to citizenship, and the ability to live and work permanently in the United States.
However, the process can be complex and requires employer sponsorship, labor certifications, and government approvals. This guide outlines the step-by-step process for obtaining an employment-based green card (EB green card) and the different categories available.
 
💡 For every post in this series, scroll down to “Related Posts.”

Step 1: Determine Your Employment-Based Green Card Category

Employment-based green cards are divided into five preference categories, commonly referred to as EB visas. Each category has different eligibility criteria and application requirements.
EB Visa Category
Who Qualifies?
Labor Certification Required?
Priority Processing?
EB-1 (Priority Workers)
Individuals with extraordinary ability, outstanding professors/researchers, and multinational executives
No
Yes (faster processing)
EB-2 (Advanced Degrees & Exceptional Ability)
Professionals with advanced degrees or exceptional ability in their field
Yes (unless applying for National Interest Waiver)
Moderate
EB-3 (Skilled Workers & Professionals)
Skilled workers, professionals with bachelor’s degrees, and unskilled workers for jobs requiring <2 years of training
Yes
Slower (high demand)
EB-4 (Special Immigrants)
Religious workers, U.S. government employees, translators, and other special categories
No
Moderate
EB-5 (Investor Green Card)
Investors willing to invest $800,000 - $1.05 million in a U.S. business and create at least 10 full-time jobs
No
Moderate
For a detailed breakdown of EB-1, EB-2, EB-3, EB-4, and EB-5 categories, read Investor Visas: How to Secure an EB-5 or E-2 Visa and Work Visas Explained: From H-1B to L-1 and Everything In-Between.

Step 2: Employer Sponsorship & PERM Labor Certification (If Required)

For most employment-based green card categories (EB-2 and EB-3), a U.S. employer must sponsor you by filing a PERM (Program Electronic Review Management) labor certification with the Department of Labor (DOL).

What Is PERM Labor Certification?

PERM ensures that hiring a foreign worker will not negatively impact U.S. workers in the same field. Employers must:
  • Prove there are no qualified U.S. workers available for the position.
  • Conduct recruitment efforts (e.g., job postings, interviews).
  • Offer a prevailing wage that meets industry standards.
PERM is not required for EB-1, EB-4, and EB-5 applicants.

PERM Processing Times

  • 6-18 months, depending on DOL workload.
  • If audited, can take over 2 years.
Once PERM is approved, the employer can proceed to Step 3.

Step 3: Employer Files Form I-140 (Immigrant Petition for Alien Worker)

Once PERM is approved (if required), the employer must file Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS).

I-140 Processing Timeline

  • Standard processing: 6-12 months.
  • Premium processing (optional): 15 days for an additional $2,500 fee.
If approved, the applicant can proceed to the final step: obtaining a green card.

Step 4: Adjust Status or Consular Processing

Once USCIS approves the I-140 petition, applicants can obtain their green card through adjustment of status (if already in the U.S.) or consular processing (if applying from abroad).

Option 1: Adjustment of Status (Form I-485) – If You’re in the U.S.

If you are already in the U.S. on a valid visa (e.g., H-1B, L-1), you can apply for a green card without leaving the country by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).
  • Processing time: 8-14 months.
  • Work & Travel Authorization: You can apply for Employment Authorization Document (EAD) and Advance Parole while waiting.
  • Green Card Approval: Once processed, you receive a lawful permanent resident card (green card).

Option 2: Consular Processing – If You’re Outside the U.S.

If you are outside the U.S., you must attend an interview at a U.S. embassy or consulate in your home country.
  • Once your priority date is current, the National Visa Center (NVC) will schedule an interview.
  • Attend the interview with required documents:
    • Valid passport
    • Medical exam results
    • I-140 approval notice
    • Police clearance certificate
  • If approved, you will receive a visa stamp in your passport to enter the U.S. as a lawful permanent resident.

Processing Times for Employment-Based Green Cards

Green Card Category
Estimated Processing Time
EB-1 (Priority Workers)
1-2 years
EB-2 (Advanced Degrees)
2-3 years
EB-3 (Skilled Workers)
3-5 years
EB-4 (Special Immigrants)
2-4 years
EB-5 (Investors)
2-5 years
For faster green card options, EB-1 visas (for extraordinary workers) have the shortest processing times compared to EB-3, which has high demand and longer wait periods.

Common Challenges & How to Overcome Them

1. Long Wait Times for Visa Availability

  • Certain nationalities (e.g., India and China) face backlogs for EB-2 and EB-3 categories.
  • Check the Visa Bulletin monthly for priority date updates.

2. Employer Sponsorship Issues

  • If your employer withdraws the I-140 petition, you may lose your place in line.
  • Changing employers can impact your green card application unless your new employer re-files a petition.

3. PERM Labor Certification Denial

  • If your employer fails to prove a lack of qualified U.S. workers, PERM may be denied.
  • Employers can refile or appeal with additional evidence.

Can You Get a Green Card Without Employer Sponsorship?

Yes! Certain categories do not require employer sponsorship, including:
  • EB-1A (Extraordinary Ability) – If you have international recognition in science, business, or arts.
  • EB-2 National Interest Waiver (NIW) – If your work benefits the U.S. significantly.
  • EB-5 (Investor Visa) – If you invest $800,000+ in a U.S. business.
For more details, see Investor Visas: How to Secure an EB-5 or E-2 Visa.

Final Thoughts

Getting a green card through employment is a long but rewarding process that provides permanent residency, work authorization, and a path to U.S. citizenship. The key steps include:
  1. Choosing the right EB category.
  1. Employer filing a PERM labor certification (if required).
  1. Employer filing Form I-140.
  1. Adjusting status or consular processing for a green card.
If you need guidance on employment-based green card applications, ReferU.AI can connect you with a top-rated immigration attorney near you. Start your journey toward permanent residency today!

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