Green card through employment: I-140 and PERM
The main employment-based green card categories, the PERM labour certification and Form I-140, and how priority dates and backlogs work.
- Most employment-based green cards need a PERM labour certification and an approved Form I-140.
- EB-1, EB-2 and EB-3 have different requirements, quotas and backlogs.
- Your priority date determines when a visa number becomes available.
- The employer files I-140; the worker files I-485 once a visa is available.
The employment-based categories
Employment-based green cards are grouped into preference categories: EB-1 for priority workers (extraordinary ability, outstanding professors and researchers, multinational executives), EB-2 for advanced-degree professionals and exceptional ability, and EB-3 for professionals, skilled workers and unskilled workers.
Each category has a different annual quota, so waiting times and backlogs vary widely by country of birth.
PERM labour certification
For most EB-2 and EB-3 cases, the employer must first obtain a labour certification (PERM) from the Department of Labor, showing there is no qualified US worker for the role.
PERM requires a defined recruitment process before filing. EB-1 and the EB-2 National Interest Waiver (NIW) can skip the labour certification entirely.
Form I-140
Form I-140, Immigrant Petition for Alien Worker, is filed by the employer to establish that the worker qualifies for the chosen category. It is usually filed after the PERM is approved.
The filing date of the PERM (or I-140, when no PERM is required) becomes the priority date, which controls when you can complete the process.
Priority dates and the Visa Bulletin
Your priority date is your place in the queue. Each month the State Department publishes the Visa Bulletin, which shows which priority dates are current for each category and country.
You can only file I-485 (or schedule consular processing) once your priority date is current; until then the wait can be months or years depending on the category and your country of birth.
Processing time and fees
PERM, I-140 and I-485 each have their own processing time. Check the VisaWyse processing-time page for current estimates and the fee calculator for the total cost.
Premium processing is available for I-140 in many cases, giving a faster decision for an additional fee.
Alternatives without PERM
EB-1 candidates and EB-2 National Interest Waiver applicants can skip the labour certification, which shortens the process significantly.
An employer-specific route is not the only option — some candidates self-petition, so confirm your eligibility for the self-petitioned categories before assuming you need an employer.