EB-2 / EB-3
Employer-sponsored green card
Most employer-sponsored green cards start with PERM, the Department of Labor's labor certification process. The employer tests the U.S. job market to confirm that no qualified U.S. worker is able, willing, and available to take the role. After certification, the employer files an immigrant petition in the EB-2 or EB-3 category, depending on the job's requirements.
Request a consultIs the EB-2 / EB-3 for you?
- H-1B, L-1, and other workers whose employer wants to keep them long term
- Employees who do not fit EB-1 or the national interest waiver
- Roles with clear requirements that the employer can recruit against
- Who sponsors
- Employer
- Typical stay
- Permanent
The steps
- 01A prevailing wage determination from the Department of Labor for the role.
- 02Recruitment under Department of Labor rules, including job ads and a notice posted at the worksite, within set time windows.
- 03A PERM application, filed after recruitment, showing that no able, willing, qualified, and available U.S. worker applied.
- 04An immigrant petition (Form I-140), with proof that the employer can pay the offered wage from the PERM filing date on.
- 05Job requirements that fit the category. EB-2 needs an advanced degree or a bachelor's plus five years of progressive experience. EB-3 covers bachelor's-level roles and skilled roles that need two years of experience.
- 06The final step, adjustment of status in the U.S. or an immigrant visa abroad, once your priority date is current.
Your case, start to finish.
An attorney writes the job requirements with the hiring manager, based on what the role actually needs, since both the recruitment and the category depend on them.
We run the recruitment calendar, log every applicant, and keep the records the Department of Labor may request in an audit.
Our tools check that the job description, the wage request, the PERM form, and the I-140 all say the same thing.
We track priority dates and H-1B deadlines, so status extensions go in while the green card case moves forward.
Before you ask.
Who pays for PERM?
The employer. Department of Labor rules do not allow the costs of labor certification, including attorney fees and recruitment costs for that step, to be passed to the employee.
What is a priority date?
It is your place in line. In PERM cases, it is the date the employer filed the PERM application. When the State Department's monthly Visa Bulletin shows your date as current for your category and country of birth, you can take the final step.
Can I change jobs during the process?
A new employer generally has to start a new PERM case. If your I-140 was approved, you can usually keep its priority date for the new case. Once your green card application (Form I-485) has been pending 180 days or more, you may be able to move to a same or similar job without starting over.
Can I stay on an H-1B past six years while this runs?
Often, yes. If the PERM or I-140 was filed early enough, or the I-140 is approved but your priority date is not current, H-1B extensions beyond six years are available.
Worth comparing.
EB-2 NIW
Advanced degree or exceptional ability, in work that serves the national interest.
Self-petition · Permanent
H-1B
Specialty occupations that call for a degree. Most employers enter the annual lottery.
Employer · 3 years, extendable to 6
EB-1B
Outstanding professors and researchers with international recognition.
Employer · Permanent
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