Citizeo Expand your global options
Pathway

U.S. Employer-Sponsored Green Card

United States Residency
Pathway overview

At a glance

A U.S. employer may be able to sponsor you for a green card through EB-2 or EB-3. These categories cover different levels of education, skills, and experience. The job and your qualifications must meet the rules for the chosen category.

Job
A permanent U.S. role meeting the chosen EB-2 or EB-3 category
Employer steps
A supporting petition and usually Department of Labor certification
Final application
An available visa and the remaining green-card requirements

Summary

Many U.S. employment green cards require a permanent job offer, employer sponsorship, and often a Department of Labor PERM labor certification before the immigrant petition can move forward.

Most cases start with PERM, the process in which the employer tests the U.S. job market for the permanent position. The employer then files Form I-140. You apply for the green card when a visa number becomes available and you meet the remaining requirements.

The usual employer-sponsored green-card process
  1. Check the permanent job Match the real job requirements, worker's qualifications, and correct EB-2 or EB-3 category.
  2. The employer completes labor approval Unless an exception applies, the employer follows the wage, recruitment, and PERM rules.
  3. The employer files Form I-140 Provide the worker's qualifications and evidence that the employer can pay the offered wage.
  4. Apply for the green card when allowed Check the relevant visa chart and complete the application inside the U.S. or immigrant-visa process abroad.

PERM and I-140 approval do not give status or work permission. In an ordinary PERM case, the visa-queue date normally comes from the labor-certification filing. Schedule A and national interest waiver cases follow different procedures.

Could this pathway work for you?

Eligibility

The category depends on the job and worker:

Unless an exception such as Schedule A, which covers certain designated occupations, or a national interest waiver applies, the employer must obtain PERM certification, show the recruitment and wage requirements were met, and demonstrate ability to pay the offered wage.

What This Route Allows

An approved I-140 establishes the immigration category. For a PERM case, the priority date—the person’s place in the visa queue—normally comes from the date the labor-certification application was filed. The worker may apply for a green card from inside the U.S. (adjustment of status) or get an immigrant visa abroad only when the priority date is eligible under the applicable Visa Bulletin and filing chart. A spouse and unmarried children under 21 may generally immigrate with or after the worker.

Some workers whose green-card application inside the U.S. has been pending for at least 180 days may be able to change jobs to the same or a similar occupation. They must meet the detailed rules before relying on this option.

What This Route Is Not

PERM or I-140 approval is not a green card, work permit, or lawful status. The worker generally cannot file for themselves through the usual PERM process. The offered job, requirements, recruitment, worker's credentials, employer's finances, and ability to pay must remain supportable.

Backlogs vary by preference and country. Applicants abroad must also check current nationality-based immigrant-visa restrictions.

Next Steps

  1. Define the genuine minimum job requirements before recruitment begins.
  2. Compare the worker's education and experience as of the legally relevant date.
  3. Have the employer obtain the required wage determination and follow the recruitment rules, without designing the job requirements around the worker.
  4. Preserve recruitment, business, and ability-to-pay records.
  5. Track the Visa Bulletin and maintain lawful status/work authorization separately until permanent residence is granted.

Stay up to date on this pathway

Get an email when something important changes.

No account needed. Unsubscribe anytime.

Similar employer sponsored pathways in other destinations.

Sources