U.S. Employer-Sponsored Green Card
At a glance
This route covers employer-sponsored U.S. green cards for many EB-2 and EB-3 workers, including advanced-degree professionals, exceptional-ability workers, professionals, skilled workers, and other permanent workers.
- Type
- Employer-sponsored green card
- Job fit
- Permanent U.S. roles in EB-2 or EB-3 categories
- Core requirements
- A permanent job offer, an employer petition, and usually Department of Labor certification
- What to know
- Employer readiness and visa-number timing are central
- What it gives
- An approved I-140 creates the classification and priority date.
- Main limit
- Labor certification or petition approval is not a green card, work permit, or lawful immigration status.
Summary
U.S. employment-based permanent residence includes several preference categories. This general route mainly covers employer-sponsored EB-2 and EB-3 cases that do not fit a more specific Citizeo resource. Most begin with Department of Labour permanent labor certification (PERM), followed by an employer's Form I-140 petition and then the worker's green-card application when a visa number is available.
PERM tests the U.S. labor market for the offered permanent job. It does not test whether the foreign worker is personally talented in the abstract.
Eligibility
The category depends on the job and worker:
- EB-2 advanced-degree professional: the job requires, and the worker has, an advanced degree or a bachelor's degree plus five years of progressive post-degree experience.
- EB-2 exceptional ability: the worker meets the exceptional-ability standard in sciences, arts, or business.
- EB-3 professional: the job requires at least a U.S. bachelor's degree or foreign equivalent, and the worker has it.
- EB-3 skilled worker: the job requires at least two years of training or experience, and the worker has it.
- EB-3 other worker: the job requires less than two years, is permanent rather than temporary or seasonal, and the worker qualifies.
Unless an exception such as Schedule A 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 creates the classification and priority date. The worker may seek adjustment of status or an immigrant visa 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 as derivatives.
Certain workers with a pending adjustment application for at least 180 days may have job-portability options to a same or similar occupation, but the detailed rules must be satisfied.
What This Route Is Not
PERM or I-140 approval is not a green card, work permit, or lawful status. The worker generally cannot self-petition through ordinary PERM. 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
- Define the genuine minimum job requirements before recruitment begins.
- Compare the worker's education and experience as of the legally relevant date.
- Have the employer obtain the prevailing wage and conduct compliant recruitment without tailoring requirements to the worker.
- Preserve recruitment, business, and ability-to-pay records.
- Track the Visa Bulletin and maintain lawful status/work authorization separately until permanent residence is granted.