Employer-Sponsored Green Card: Process, Requirements, Costs, and Timeline

An employer-sponsored green card is U.S. permanent residence based on a permanent, full-time job offer from a U.S. employer, which files the immigration petitions on the worker's behalf. In most cases the process runs in three stages: PERM labor certification with the Department of Labor, a Form I-140 immigrant petition with USCIS, and then adjustment of status in the United States (Form I-485) or an immigrant visa through a U.S. consulate abroad.

It is used by professionals and skilled workers already in the U.S. in temporary status, such as H-1B, L-1, O-1, TN, or F-1 OPT, and by workers abroad who have a qualifying U.S. job offer. Employers who wish to retain skilled workers from another country also use it. We will go over the categories of employment-based immigration that involve an employer, the eligibility requirements for both the employer and employee, each step in the employer sponsored green card process, what to expect with timing, how much it will cost you (government fees as of October 2026) and what is currently pending that could affect your case as well as common problems that arise.

What Is an Employer-Sponsored Green Card?

An employer-sponsored green card is lawful permanent resident status obtained through a qualifying job offer from a U.S. employer. The employer is the petitioner, the party that files the immigrant petition with USCIS. The foreign worker is the beneficiary, the person who receives the immigration benefit.

Unlike an H-1B or L-1 visa, which are temporary and tied to a set period of stay, a green card is permanent. It allows the holder to live and work in the United States indefinitely, and it can later lead to U.S. citizenship through naturalization if the legal requirements are met.

Employer sponsorship is one of several routes to a green card. Others are based on family relationships, investment, or humanitarian grounds. For a broader comparison, see 15 ways to get a green card.

Which Employment-Based Categories Use Employer Sponsorship?

Employer-sponsored green cards fall mainly within four groups under Section 203(b) of the Immigration and Nationality Act (INA): EB-1B, EB-1C, employer-petitioned EB-2, and EB-3. Each requires a U.S. job offer and an employer petitioner. Two other employment-based options, EB-1A and the EB-2 National Interest Waiver, can be self-petitioned and do not require an employer; they appear below for comparison because workers weighing sponsorship often consider them as alternatives. The category depends on the minimum requirements of the job and the worker's qualifications, and it affects whether standard PERM is required and how long the visa wait may be.

EB-1: Priority Workers

EB-1 covers people of extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and certain multinational managers and executives (EB-1C). EB-1B and EB-1C require a U.S. employer and a job offer, but none of the EB-1 subcategories requires PERM labor certification. EB-1A is a self-petition and does not require an employer at all. 

EB-2: Advanced Degree Professionals and Exceptional Ability

EB-2 visa covers members of the professions who hold an advanced degree (a U.S. master's degree or higher, or a foreign equivalent, or a U.S. bachelor's degree or foreign equivalent followed by at least five years of progressive experience in the specialty), for jobs that require such a degree, and workers with exceptional ability in the sciences, arts, or business (8 CFR 204.5(k)). The degree must relate to the profession in which the worker will be employed. A job description that simply lists those credentials does not by itself establish EB-2 classification; the position must in fact require them and the worker must hold them. EB-2 cases require a job offer and PERM unless the worker qualifies for the National Interest Waiver (NIW, which waives both.

EB-3: Skilled Workers, Professionals, and Other Workers

EB-3 visa covers skilled workers in jobs that require at least two years of training or experience, professionals in jobs that require a U.S. bachelor's degree or a foreign equivalent, and other workers in jobs that require less than two years of training or experience (8 CFR 204.5(l)). EB-3 cases require a job offer and a labor certification; for Schedule A occupations, the labor certification is filed with USCIS rather than adjudicated by DOL.

When the Standard PERM Process Does Not Apply

No labor certification is required for any EB-1 case or for EB-2 cases approved under the National Interest Waiver. Schedule A occupations are different: they still require a labor certification, but not the standard PERM recruitment or DOL adjudication. Schedule A, at 20 CFR 656.5, lists occupations the Department of Labor has already designated as having a shortage of U.S. workers. Group I covers professional nurses and physical therapists. Group II covers certain people of exceptional ability in the sciences or arts, and certain performing artists. In a Schedule A case, the employer obtains a prevailing wage determination, posts the notice of filing at the worksite, and then submits the uncertified Form ETA-9089 to USCIS together with the I-140 petition (20 CFR 656.15). USCIS, not DOL, decides whether the occupation and the worker meet the Schedule A criteria.

Benefits of an Employer-Sponsored Green Card

• Permanent residence. The holder may live and work in the United States without the time limits that apply to temporary work visas.
• Family members can apply. A spouse and unmarried children under 21 may apply for green cards as derivative beneficiaries.
• A full 10-year card. Employment-based green cards are generally issued as 10-year cards rather than as conditional two-year residence.
• No investment required. Eligibility is based on the job offer and the worker's qualifications, not on investing capital.
• A route for workers who do not fit self-petition standards. The case rests on a real job and the worker's qualifications for it, rather than on the higher evidentiary standards of EB-1A or NIW.
• A potential path to citizenship. Permanent residents may generally apply to naturalize after five years, if they meet all requirements. See our naturalization page.
• Priority date retention. Once an I-140 is approved, the worker can generally keep that priority date for a later employment-based petition, even with a different employer, unless the approval is revoked for specific reasons described below.

Requirements for an Employer-Sponsored Green Card

Both the employer and the worker have to meet legal requirements. The summary below describes what the law generally requires. Whether a particular job or worker meets them depends on the specific facts.

Employer Requirements

Ability to pay is shown with annual reports, federal tax returns, or audited financial statements (8 CFR 204.5(g)(2)). USCIS may also consider evidence that the employer is already paying the worker at least the offered wage. An employer with 100 or more workers may submit a statement from a financial officer in place of the other documents, though USCIS can still request more. The USCIS Policy Manual (Volume 6, Part E, Chapter 4) describes how officers assess net income, net current assets, and wages already paid.

Employee Requirements

• Meets the job's minimum requirements. The worker must have the education, training, and experience the labor certification requires, and must have had them by the priority date.
• Meets the category requirements. For example, EB-2 generally requires an advanced degree or its equivalent, and EB-3 professional cases require a bachelor's degree.
• Is admissible to the United States. Health, criminal, immigration-violation, and other grounds of inadmissibility under INA 212(a) can block a green card. Some grounds can be waived; others cannot.
• Intends to take the job. Both sides must intend, at the time of filing, that the worker will take the permanent position once the green card is approved.

The Employer-Sponsored Green Card Process, Step by Step

For a standard PERM-based EB-2 or EB-3 case, the employer-sponsored green card process generally follows six steps. EB-1 and NIW cases begin at the I-140 (Step 4). Schedule A cases complete the prevailing wage determination (Step 1) and post the notice of filing, then file the labor certification with USCIS together with the I-140, skipping the recruitment and DOL adjudication in Steps 2 and 3.

1. Prevailing wage determination (DOL)
2. Recruitment to test the U.S. labor market (employer)
3. PERM labor certification filing, Form ETA-9089 (DOL)
4. Immigrant petition, Form I-140 (USCIS)
5. Priority date and visa availability (Department of State Visa Bulletin)
6. Adjustment of status, Form I-485 (USCIS), or consular processing, Form DS-260 (Department of State)

Step 1: Prevailing Wage Determination

The employer asks the DOL National Prevailing Wage Center to set the minimum wage for the position by filing Form ETA-9141 through the FLAG online system. The determination is based on the job duties, the minimum requirements, and the work location. The wage offered on the PERM application must be at least this amount. A prevailing wage determination has a validity period stated on the determination itself (no less than 90 days and no more than one year), and the employer must either start recruitment or file the PERM application within that validity period (20 CFR 656.40(c)).

Step 2: Recruitment

Before filing PERM, the employer must test the U.S. labor market. For all positions, the required steps include a 30-day job order with the State Workforce Agency, two Sunday print advertisements in a newspaper of general circulation (one may be replaced by a professional journal ad for positions requiring experience and an advanced degree), and a notice of filing posted at the worksite for 10 consecutive business days. For professional positions, the employer must also complete three additional recruitment steps from a list in the regulations, such as the employer's website, job fairs, or online job boards (20 CFR 656.17(e)).

Timing matters. Each required step must take place more than 30 days but no more than 180 days before the PERM application is filed, except that one of the three additional professional steps may fall within the 30 days before filing (20 CFR 656.17(e)). The employer must review U.S. applicants in good faith, keep a recruitment report, and retain records for five years from the filing date (20 CFR 656.10(f)).

The Department of Labor has a proposed rule on its regulatory agenda to modernize the PERM labor market test. As of October 6, 2026, it had not been published for public comment, and the current requirements remain in effect. See the pending rule changes section below. 

Step 3: PERM Labor Certification (Form ETA-9089)

The employer files the Application for Permanent Employment Certification, Form ETA-9089, electronically through FLAG. The date DOL receives the complete application becomes the worker's priority date, which sets their place in line for a visa number (8 CFR 204.5(d)). DOL may certify the application, deny it, or select it for audit. A certified labor certification is valid for 180 days from the date of certification, and the I-140 must be filed with USCIS during that period; a certification that is not filed in support of an I-140 within the 180 days becomes invalid (20 CFR 656.30(b)). If USCIS rejects a timely filed I-140 and the employer refiles, whether the original filing date is preserved depends on USCIS rejection and refiling procedures and should be reviewed with the attorney immediately. 

Step 4: Immigrant Petition (Form I-140)

The employer files Form I-140, Immigrant Petition for Alien Workers, with USCIS. The petition includes the certified labor certification, evidence of the employer's ability to pay, and proof that the worker meets the job and category requirements. Premium processing is available for EB-1, EB-2, and EB-3 I-140 petitions for an additional fee of $2,965 for requests postmarked on or after March 1, 2026. USCIS's premium processing table lists a 15-business-day period for EB-1A, EB-1B, and PERM-based EB-2 and EB-3 petitions, and a 45-business-day period for EB-1C and EB-2 NIW petitions. Within that period USCIS commits to take an action, which may be an approval, a denial, or a Request for Evidence. Premium processing shortens USCIS's review of the petition but does not shorten any visa backlog. 

Step 5: Priority Date and the Visa Bulletin

Each year the law limits the number of employment-based green cards by category and by country of chargeability, which for most people is the country of birth (INA 202). The Department of State publishes the Visa Bulletin each month with two charts, Final Action Dates and Dates for Filing, and USCIS announces which chart applies to adjustment applications that month. The two charts do different jobs. An adjustment applicant may file the I-485 when the priority date is current under the chart USCIS designates for that month. USCIS cannot approve the I-485, and a consulate cannot issue the immigrant visa, until the priority date is current under the Final Action Dates chart and a visa number is available (8 CFR 245.1(g), 245.2(a)(2)). Because of per-country limits, people born in India and China face longer waits than others in the same category, and EB-2 and EB-3 have in some months been backlogged for all countries. A spouse's country of birth can sometimes be used instead (cross-chargeability) under INA 202(b). 

Step 6: Adjustment of Status or Consular Processing

When the priority date is current under the applicable chart, the worker and any eligible family members apply for green cards. There are two routes.

Concurrent filing. If the priority date is current under the chart USCIS has designated for that month, the worker may file the I-485 at the same time as the I-140 (8 CFR 245.2(a)(2)(i)(B)). This lets the worker apply for a work permit and travel document earlier. The I-485 cannot be approved until the I-140 is approved and a visa number is available under the Final Action Dates chart. Learn more about work authorization for adjustment applicants.

Choosing Between EB-2 and EB-3

 The category is set by the job's minimum requirements, not by the worker's credentials alone. A job that requires a bachelor's degree and two years of experience is an EB-3 professional position even if the worker holds a master's degree. The employer and attorney decide the requirements before the prevailing wage request, and that choice carries through PERM and the I-140.

Factors in that decision:

• Visa Bulletin movement. EB-2 and EB-3 dates move independently. In some months EB-3 has been ahead of EB-2 for a given country, and in others the reverse. Neither chart is predictable.
• A second I-140 on the same PERM. An employer can file a second I-140 in a different category based on the same certified labor certification if the job requirements support that category. Each I-140 is adjudicated on its own; the earlier priority date can be used for the later petition under 8 CFR 204.5(e).
• Requirements drive recruitment. Higher requirements can narrow the pool of qualified U.S. applicants but must still be normal for the occupation (20 CFR 656.17(h)) and must be met by the worker.

The right category depends on the actual job and the Visa Bulletin at the time, and should be revisited if dates shift significantly.

How Long Does an Employer-Sponsored Green Card Take?

There is no single answer. The total time depends on DOL processing for the prevailing wage and PERM, USCIS processing of the I-140 and I-485, whether premium processing is used, whether the case is audited or receives a Request for Evidence, and how long the worker waits for a visa number based on category and country of chargeability. For workers born in backlogged countries, the wait for a visa number can be the longest part of the process. Timelines vary and can change.

As a reference point, the DOL FLAG page reported during 2025 and 2026 that PERM applications were taking more than a year to adjudicate, and prevailing wage determinations several months. Those figures change monthly, so check the live FLAG page and the live USCIS processing times page rather than relying on any number on this page.

How Much Does an Employer-Sponsored Green Card Cost, and Who Pays?

Costs fall into government filing fees, legal fees, and incidental costs such as recruitment advertising, credential evaluations, translations, and the immigration medical exam. The government fees below are drawn from the USCIS fee schedule (Form G-1055) and the Department of State fee schedule as of October 2026. Check the live fee pages before filing, because fees change.

Check the current fees on the USCIS fee schedule before filing. Ashoori Law does not publish package pricing for employer-sponsored cases on this page. Fees are discussed during your consultation.

Documents Typically Needed

The exact list depends on the category and the facts. The regulations and form instructions call for the following in a PERM-based case.

Pending Rule Changes That Could Affect Employer-Sponsored Cases

Two Department of Labor rulemakings were pending as of October 6, 2026. Neither had taken effect, and both should be checked against the Federal Register before relying on any description of them.

PERM labor market test. DOL lists a proposed rule titled "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program" (RIN 1205-AC29) on its Unified Agenda at the proposed-rule stage. The agenda description refers to updating recruitment methods, strengthening requirements tied to layoffs of U.S. workers, and recordkeeping. As of October 6, 2026 the proposed rule had not been published for comment. Until a proposed rule is published, a comment period runs, and a final rule takes effect, the recruitment rules described on this page remain the governing ones.

Prevailing wage levels. In March 2026, DOL published a proposed rule (RIN 1205-AC30) that would change the four-level prevailing wage methodology used for PERM and for H-1B, H-1B1, and E-3 labor condition applications. As of October 6, 2026, no final rule had been identified. How a final rule would treat prevailing wage requests already pending, and when it would take effect, will be set by the final rule itself. Higher wage floors could affect whether a job is viable for sponsorship, so employers planning a case should ask about the status of this rule.

USCIS fee changes. USCIS adjusted premium processing fees effective for requests postmarked on or after March 1, 2026. The base I-140 and I-485 fees have not changed since the fee rule that took effect April 1, 2024. USCIS publishes fee changes in the Federal Register and on its fee schedule page.

Changing Jobs or Losing Your Job During the Process

A green card case is tied to a specific employer and job, so a job change can affect it. The impact depends on how far the case has progressed. 

• Before the I-140 is approved. In an ordinary PERM-based case, a new employer must start its own PERM and I-140. Exceptions exist, for example where the new employer is a successor-in-interest to the sponsoring employer, where the new position qualifies for a category that does not require labor certification, or where the new job falls within Schedule A. A pending I-140 does not carry a priority date to a new employer unless and until it is approved.
• After the I-140 is approved. The worker can generally keep the I-140's priority date for a later employment-based petition, unless the approval is revoked for fraud, willful misrepresentation, invalidation of the labor certification, or material error (8 CFR 204.5(e)(2)). If the I-140 has been approved for 180 days or more, it is not revoked automatically just because the employer withdraws it or goes out of business (8 CFR 205.1(a)(3)(iii)(C) and (D)), though USCIS may still revoke it on notice for other reasons.
• After the I-485 has been pending 180 days or more. Under INA 204(j), also called AC21 portability, the worker may be able to move to a new job in the same or a similar occupational classification with a new employer (or a new position with the same employer) and keep the pending case. The new job offer is confirmed on Form I-485 Supplement J (8 CFR 245.25). The 180 days are counted from the date USCIS receives the I-485, and the I-140 must have been approved or be approvable when filed.

Layoffs. A worker in H-1B, L-1, O-1, TN, E, or similar status whose employment ends has a grace period of up to 60 consecutive days, or until the authorized stay on the I-94 ends if that comes sooner, during which USCIS may consider them to have maintained status for purposes of filing a change of status, extension, or new petition (8 CFR 214.1(l)(2)). The grace period is discretionary and runs once per authorized validity period. Some workers with an approved I-140 who are waiting for a visa number may qualify for a compelling-circumstances work permit (8 CFR 204.5(p)), which provides work authorization but not status. What applies depends on the stage of the case and the worker's status, so a job loss should be reviewed within days, not weeks.

Staying in Status While You Wait

Workers in backlogged categories can spend years in temporary status while their green card case moves forward.

• Dual intent. H-1B and L-1 workers may pursue a green card without violating their temporary status (INA 214(h)). O-1 workers are not required to show nonimmigrant intent under 8 CFR 214.2(o)(13). F-1 and TN workers do not have dual intent, and a pending green card case can affect visa issuance or admission in those categories.
• H-1B extensions past six years. An H-1B visa worker may extend in one-year increments if 365 days or more have passed since a PERM application or I-140 was filed on the worker's behalf and that filing remains pending or has been approved, subject to the other AC21 conditions (AC21 Section 106(a) and (b); 8 CFR 214.2(h)(13)(iii)(D)). Three-year increments are available if an I-140 is approved but the worker cannot file for adjustment of status or an immigrant visa because of the per-country limits in INA 202(a) (AC21 Section 104(c); 8 CFR 214.2(h)(13)(iii)(E)). 
• Work permit and travel with a pending I-485. Adjustment applicants may apply for an Employment Authorization Document and advance parole. Leaving the U.S. without advance parole generally abandons the I-485, except that H-1B and L-1 workers (and their H-4 and L-2 dependents) who hold a valid H or L visa, if one is required for their return, and remain eligible for that status may travel and return in it (8 CFR 245.2(a)(4)(ii)(C)). Returning on advance parole rather than in H-1B status has consequences for work authorization that should be reviewed before travel.
• Status gaps. Unauthorized employment or a lapse in status can create problems at the adjustment stage. INA 245(k) allows employment-based applicants in EB-1, EB-2, and EB-3 to adjust if, since their most recent lawful admission, they have not accumulated more than 180 days of unlawful status, unauthorized employment, or violation of the terms of their admission, counted by calendar day (a day on which more than one violation occurred counts once). Entry on advance parole does not restart the count. Beyond the threshold, the worker generally cannot rely on INA 245(k) to overcome the bars in INA 245(c); whether another adjustment provision applies, or consular processing becomes the route, depends on the facts.

Green Cards for Your Spouse and Children

A spouse and unmarried children under 21 may receive green cards as derivative beneficiaries with the same priority date as the principal worker (INA 203(d)). They do not need their own job offer, but each must be admissible and file their own adjustment application or immigrant visa application. 

• Children who turn 21. The Child Status Protection Act (INA 203(h)) subtracts the number of days the I-140 was pending from the child's age on the date a visa number becomes available, but only if the child seeks to acquire permanent residence within one year of that availability. USCIS may excuse a delay beyond one year if the applicant shows extraordinary circumstances. Since February 2023, USCIS uses the Dates for Filing chart to determine when a visa is available for CSPA purposes if USCIS allowed that chart to be used for filing that month (USCIS Policy Manual, Volume 7, Part A, Chapter 7). Families with children near 21 should plan around this rule early.
• Spouse work authorization. A spouse with a pending I-485 may apply for an EAD. An H-4 spouse may apply for an EAD under 8 CFR 274a.12(c)(26) if the H-1B principal has an approved I-140 or holds H-1B status granted under AC21 Section 106(a) and (b) (8 CFR 214.2(h)(9)(iv)). L-2 spouses are work authorized incident to status under current USCIS policy.
• Family abroad. Family members outside the U.S. may follow to join the principal through consular processing, including after the principal has already received a green card, provided the qualifying relationship existed when the principal became a permanent resident and continues until the family member is admitted or adjusts. A child must still be unmarried and under 21, or protected by the CSPA, at that time.
• Marriage timing. A spouse can be added as a derivative only if the marriage took place before the principal's adjustment or admission as a permanent resident. A spouse married afterward must be sponsored through a family-based petition, which has its own wait.

Employer Obligations During and After the Process

Sponsoring a green card creates obligations that outlast the filing.

• Record retention. The employer must keep the PERM audit file, including all recruitment documentation and the recruitment report, for five years from the date of filing (20 CFR 656.10(f)), and must produce it if DOL audits the case.
• Truthful declarations. The employer attests under penalty of perjury on Form ETA-9089 and Form I-140. DOL can debar an employer from the PERM program for fraud or willful misrepresentation (20 CFR 656.31).
• Paying the offered wage. On Form ETA-9089 the employer attests that it will pay at least the offered wage once the worker begins the permanent position (20 CFR 656.10(c)(1)). The employer must also establish the ability to pay that wage from the priority date until the worker becomes a permanent resident (8 CFR 204.5(g)(2)); USCIS assesses this in the I-140 adjudication and may ask for evidence covering each year since the priority date.
• Changes to the job. A material change in duties, location, or the employing entity (for example, a merger) before the green card is approved may require a new PERM, an amended I-140, or a successor-in-interest analysis. Changes after the I-485 has been pending 180 days may be handled under AC21 portability instead.
• No cost-shifting. The prohibition on recovering PERM costs from the worker is ongoing. Clawback agreements that cover PERM-stage costs are not permitted.

From Green Card to U.S. Citizenship

An employment-based green card is issued as 10-year permanent residence, renewable on Form I-90. A permanent resident may generally apply for naturalization on Form N-400 after five years of continuous residence as a permanent resident, with physical presence in the U.S. for at least half of that time and other requirements under INA 316. USCIS allows the N-400 to be filed up to 90 days before the five-year anniversary (8 CFR 334.2(b)). A permanent resident married to a U.S. citizen may qualify after three years under INA 319(a) if, among other conditions, the applicant has lived in marital union with that same spouse for the three years before filing and the spouse has been a U.S. citizen throughout that period (8 CFR 319.1). Extended absences from the U.S. can break continuous residence and should be planned around. 

Common Problems in Employer-Sponsored Cases

Most issues trace back to choices made at the start, when the job and its requirements are defined.

• PERM audits and supervised recruitment. DOL may audit any application (20 CFR 656.20) and may require recruitment under its supervision (20 CFR 656.21), which adds time and documentation.
• Job requirements the worker cannot document. Experience letters that do not match the requirements, or reliance on experience gained with the sponsoring employer, can lead to denial.
• Ability-to-pay gaps. A year with low net income or net current assets can lead to a Request for Evidence or denial if the employer cannot show ability to pay another way.
• Recent layoffs. If the employer laid off U.S. workers in the same or a related occupation in the area of intended employment within six months before filing, it must notify and consider them (20 CFR 656.17(k)). DOL's pending rulemaking indicates this area may be revised.
• Visa Bulletin retrogression. Dates can move backward. A worker whose date was current may have to wait again, and an I-485 filed under the Dates for Filing chart can remain pending until the Final Action Date is current.
• Child age-out. Long waits can push a child past 21 before a visa is available, and the CSPA formula does not protect every child.
• Ownership interest. If the worker has an ownership stake in or a family relationship with the employer, DOL looks more closely at whether the job is truly open to U.S. workers (20 CFR 656.17(l)).
• Expired labor certification. Missing the 180-day window to file the I-140 after certification means the certification becomes invalid and, absent a preserved filing date, the employer must start PERM over.
• Travel without advance parole. An adjustment applicant who leaves without advance parole and without valid H-1B or L-1 status generally abandons the I-485.
• Relying on a pending outcome. Changing jobs, letting status lapse, or traveling on the assumption that an I-140 or I-485 will be approved can leave the worker without a fallback if it is not. Each move should be planned against the status of the case as it stands, not as it is expected to be.

Frequently Asked Questions About Employer-Sponsored Green Card

• Does every employer-sponsored green card require PERM labor certification?
  No. EB-1 cases and National Interest Waiver cases require no labor certification. Schedule A occupations require one, but it is filed with USCIS together with the I-140 rather than recruited and adjudicated through DOL. Other EB-2 and EB-3 cases go through standard PERM.
• Can my employer make me pay for the PERM process?
  No. Under 20 CFR 656.12(b), the employer must pay the costs of obtaining the labor certification, including recruitment and its own attorney fees. Costs for later stages, such as the I-140 and I-485, are a matter of agreement, so ask about them during your consultation.
• Can a small business or startup sponsor me for a green card?
  Yes, in principle. A qualifying U.S. employer can sponsor a worker if it offers a bona fide permanent job that is genuinely open to U.S. workers and can show ability to pay the offered wage from the priority date. Whether a particular company meets these requirements depends on its finances, its ownership, and the position, so schedule a consultation to review it.
• Can a company I own sponsor me?
  It depends on your specific situation. When the worker has an ownership interest in or a close relationship with the employer, DOL examines whether the job is truly open to U.S. workers (20 CFR 656.17(l)). Schedule a consultation to discuss your facts.
• Can I file my green card application at the same time as the I-140?
  Yes, if your priority date is current under the chart USCIS designates for that month and you are eligible to adjust status in the United States. Approval still has to wait until your date is current under the Final Action Dates chart.
• Can I change jobs after my I-140 is approved?
  Generally yes, and you can usually keep your priority date, but a new employer must file a new PERM and I-140 unless your I-485 has been pending for 180 days or more. In that case you may be able to move to a same or similar job under AC21 portability by filing Form I-485 Supplement J.
• What happens if I am laid off during the green card process?
  It depends on the stage of your case and your status. Nonimmigrant workers have a discretionary grace period of up to 60 days (or until the I-94 expires, if sooner). An approved I-140 generally preserves your priority date, and if it has been approved for 180 days or more it is not automatically revoked when the employer withdraws it. Review your options as soon as possible.
• Can my spouse work while my green card is pending?
  A spouse with a pending I-485 may apply for a work permit. An H-4 spouse may apply for an H-4 EAD if the H-1B principal has an approved I-140 or holds H-1B status extended beyond six years under AC21 Section 106(a) and (b).
• Can my spouse and children get green cards too?
  Yes. A spouse and unmarried children under 21 may apply as derivative beneficiaries and generally share the principal worker's priority date. Each must be admissible and file their own application.
• What happens if I am outside the United States?
  Your case will usually end with consular processing. After the I-140 is approved and your priority date is current under the Final Action Dates chart, you file Form DS-260 through the National Visa Center and attend an interview at a U.S. embassy or consulate.
• Can I travel while my green card application is pending?
  Generally only with advance parole. H-1B and L-1 workers who maintain that status, and who hold a valid H or L visa if one is required for their return, may travel and return in that status without abandoning a pending I-485.
• Do I have to keep working for the sponsoring employer after I get my green card?
  No statute sets a minimum period of employment after approval. What the law requires is that, at the time of approval, both you and the employer intend for you to take the permanent job. Leaving soon afterward does not by itself violate any rule, but it can be used as evidence that the intent was not genuine, including when USCIS reviews your history at naturalization. The question is fact-specific: a documented change in circumstances after approval is different from a plan to leave that existed before it. This is also distinct from AC21 portability, which applies while the I-485 is pending, not after approval.
• Is an employer-sponsored green card the same as an H-1B?
  No. An H-1B is a temporary nonimmigrant work visa. An employer-sponsored green card is permanent residence. Workers can hold H-1B status while their green card case is pending.
• My employer filed PERM for an EB-3 job. Can it later file EB-2?
  Only if the job requirements on the certified labor certification support EB-2 (an advanced degree, or a bachelor's degree plus five years of progressive experience in the specialty) and you qualify as a member of the professions holding that degree. The category follows the job as certified. A different job with higher requirements would need its own PERM.
• What if my labor certification expires before the I-140 is filed?
  The certification is valid for 180 days from the date DOL certifies it. If no I-140 is filed within that window, the certification becomes invalid under 20 CFR 656.30(b) and the employer generally must start the PERM process again, including new recruitment. If an I-140 was filed on time but rejected by USCIS, the attorney should review immediately whether the filing date can be preserved on refiling.
• Can I use my spouse's country of birth for the Visa Bulletin?
  In some cases. Under INA 202(b), a derivative spouse may be charged to the principal's country, and a principal may be charged to the spouse's country of birth if that produces an earlier available date. This is called cross-chargeability and is requested at the I-485 or consular stage.
• Does premium processing guarantee approval of the I-140?
  No. Premium processing commits USCIS to take action within the business-day period listed for the category. That action can be an approval, a denial, or a Request for Evidence.
• When can I apply for U.S. citizenship after an employer-sponsored green card?
  Permanent residents can generally apply to naturalize after five years of permanent residence, if they meet the continuous residence, physical presence, and other requirements.