A U.S. employment-based green card can allow a foreign national to live and work permanently in the United States. For many applicants, the process involves an employer willing to offer a qualifying permanent job and complete required immigration steps. Other categories may be based on extraordinary ability, advanced degrees, investment, or a national-interest waiver.
The process is not a single application. It may involve a labor certification, an immigrant petition, a visa-number wait, and an adjustment-of-status application in the United States or an immigrant-visa interview abroad. Eligibility, timing, and costs depend on the green-card category and the applicant’s circumstances.
Important: Immigration forms, government fees, wage rules, processing times, and visa availability can change. Confirm current requirements through USCIS, the U.S. Department of Labor, and the U.S. Department of State. This article is general information, not legal advice.
What is an employment-based green card?
A U.S. green card, formally a Permanent Resident Card, gives a person lawful permanent resident status. Employment-based immigrant visas are grouped into preference categories, commonly called EB-1, EB-2, EB-3, EB-4, and EB-5.
Some cases require a U.S. employer to sponsor a specific job. Others allow the applicant to self-petition, if they meet the category’s requirements.
A green-card petition or job offer does not by itself grant permission to work, enter the United States, or remain in the country. Applicants must follow the relevant immigration process and maintain lawful status where required.
Main employment-based green-card categories
EB-1: Priority workers
EB-1 includes three main groups:
- EB-1A: Individuals with extraordinary ability in fields such as science, arts, education, business, or athletics. Applicants may generally self-petition and do not need a job offer, although they must intend to continue working in their area of expertise.
- EB-1B: Outstanding professors and researchers. This category generally requires a qualifying U.S. job offer and an employer petition.
- EB-1C: Certain multinational managers or executives transferring to a U.S. business. The applicant and related companies must meet specific requirements.
EB-1 does not require the standard PERM labor certification process. That does not make approval automatic: applicants must provide evidence that meets the category’s detailed criteria.
EB-2: Advanced degree or exceptional ability
EB-2 generally covers:
- Professionals whose jobs require an advanced degree, or a bachelor’s degree followed by at least five years of progressive experience; and
- People with exceptional ability in the sciences, arts, or business.
Most employer-sponsored EB-2 cases require a permanent job offer and an approved labor certification. Some applicants may qualify for a National Interest Waiver (NIW), which can allow them to self-petition without an employer sponsor or labor certification if they meet the legal test.
EB-3: Skilled workers, professionals, and other workers
EB-3 has three subcategories:
- Skilled workers: Jobs requiring at least two years of training or experience.
- Professionals: Jobs generally requiring at least a U.S. bachelor’s degree or foreign equivalent.
- Other workers: Certain permanent, non-seasonal jobs requiring less than two years of training or experience.
Most EB-3 cases require a permanent job offer and an approved PERM labor certification. The worker must meet the requirements stated in the labor certification and job offer.
EB-4: Certain special immigrants
EB-4 covers specific groups defined by immigration law. It is not a general route for overseas workers. Eligibility depends on the applicant’s precise category and supporting evidence.
EB-5: Immigrant investors
EB-5 is based on a qualifying investment in a U.S. commercial enterprise that meets the program’s job-creation requirements. It is distinct from ordinary employer-sponsored employment immigration and has separate investment, source-of-funds, and compliance rules.
How employer sponsorship usually works
For many EB-2 and EB-3 cases, the employer’s role begins before the immigrant petition is filed. The process commonly includes:
- The employer offers a permanent, qualifying job.
- The employer obtains a prevailing wage determination, where required.
- The employer conducts recruitment under Department of Labor rules.
- The employer files a PERM labor certification application with the Department of Labor.
- After PERM approval, the employer files Form I-140 with USCIS.
- The applicant waits for an immigrant visa number to become available, if the category and country of chargeability have a queue.
- The applicant files for adjustment of status in the United States or applies for an immigrant visa abroad, depending on eligibility and location.
Not every employment-based category follows this sequence. For example, EB-1A and NIW applicants may generally self-petition, and some categories do not require PERM.
What PERM labor certification is intended to establish
PERM is a Department of Labor process used in many employer-sponsored EB-2 and EB-3 cases. It generally requires the employer to demonstrate that:
- The job is a bona fide, permanent full-time position.
- The employer has stated the job’s requirements accurately.
- The offered wage meets the applicable prevailing wage requirement.
- The employer completed required recruitment steps.
- There were not sufficient able, willing, qualified, and available U.S. workers for the opportunity, under the applicable rules.
- Hiring the foreign worker will not adversely affect similarly employed U.S. workers’ wages and working conditions.
The employer—not the worker—must control and conduct key parts of the PERM process. The rules are detailed, and errors can require the process to be restarted.
Eligibility requirements
There is no single checklist that applies to every employment-based green card. Applicants generally need to satisfy the requirements of their chosen category and provide credible evidence.
Common requirements for employer-sponsored cases
Depending on the category, an applicant may need:
- A genuine permanent job offer from a U.S. employer.
- Qualifications that meet the job requirements stated in the petition and labor certification.
- Relevant education, training, or work experience.
- A valid immigrant petition approved by USCIS.
- An immigrant visa number available for the applicant’s category and country of chargeability.
- Admissibility under U.S. immigration law, or eligibility for a waiver if a ground of inadmissibility applies.
- Medical examination and vaccination documentation when required.
- Police or civil documents for consular processing.
- A lawful basis to file for adjustment of status, if applying inside the United States.
Education and experience
Foreign degrees may need an equivalency assessment, but an evaluation does not itself guarantee that USCIS will accept a qualification for a particular category. The job’s stated requirements, the applicant’s credentials, and the relevant immigration rules must align.
Applicants should keep:
- Degrees and transcripts.
- Detailed employment letters.
- Job descriptions and dates of employment.
- Professional licences, where relevant.
- Evidence of progressive responsibility or specialist experience.
- Certified translations for documents not in English.
Country of chargeability and visa availability
Employment-based immigrant visas are subject to numerical limits. Visa availability can depend on the applicant’s country of chargeability, which is generally based on country of birth, with some exceptions.
The Department of State publishes the monthly Visa Bulletin. A priority date may need to become current before an applicant can complete the final stage. Waiting times can differ substantially by category and country and may change from month to month.
Official source: U.S. Department of State Visa Bulletin
Employer sponsorship is not available for every job
A company that has sponsored employees in the past is not automatically able or willing to sponsor every position. Sponsorship depends on factors such as:
- Whether the role is permanent and meets the category’s requirements.
- Whether the company is willing and able to complete the legal process.
- Whether the offered wage meets applicable rules.
- Whether the job’s requirements are legitimate and consistent with the role.
- Whether the employer can meet recordkeeping and recruitment obligations.
- Whether the applicant’s experience and qualifications match the position.
Ask the employer directly whether it sponsors the specific job, which category it expects to use, and who will handle each part of the process. A recruiter’s informal statement is not a substitute for the employer’s commitment.
Legal fees and other costs in 2026
The total cost varies by category, employer, processing route, family size, and whether legal assistance is used. Government fees can change, so there is no safe substitute for checking the official fee pages immediately before filing.
Common cost categories
| Cost category | What it may cover | Who may be responsible |
|---|---|---|
| PERM recruitment and filing expenses | Required advertising, recruitment, and employer filing costs | Generally the employer in PERM cases; rules restrict passing these costs to the worker |
| Prevailing wage process | Employer’s wage request and related compliance steps | Employer |
| Form I-140 filing fee | Employer petition filing | Often paid by the employer, but arrangements and applicable rules should be verified |
| Premium processing | Optional expedited processing for certain filings | May be paid by the employer or applicant, subject to the reason and legal rules |
| Adjustment of status fees | Form I-485 and related applications, if eligible to file in the U.S. | Often the applicant, though an employer may choose to cover some costs |
| Consular processing charges | Immigrant visa application and related fees abroad | Often the applicant |
| Medical examination | Required immigration medical exam | Usually the applicant |
| Document and translation costs | Certificates, evaluations, translations, and copies | Often the applicant, depending on the case |
| Attorney fees | Legal advice and preparation | May be paid by either party under an agreement, subject to PERM rules |
This table is a general overview, not a determination of who must pay a particular charge in an individual case. The rules can depend on what the fee covers and why a service is being provided. For PERM cases, employers generally cannot make the worker pay costs related to obtaining the labor certification, including specified recruitment and attorney expenses connected with that process.
Before paying any fee, check the relevant government schedule and get a written explanation of:
- What the fee covers.
- Who receives the payment.
- Whether the payment is required by law or optional.
- Which party is legally responsible.
- Whether the fee is refundable if the case is denied or withdrawn.
Official fee references:
Be cautious of “green-card sponsorship fees”
A legitimate employer may have lawful costs associated with recruiting and sponsoring a worker. But a demand that the employee pay for a job offer, buy a PERM approval, or pay an unexplained “sponsorship certificate fee” is a serious warning sign.
Do not assume that every cost can legally be shifted to you. Verify the fee and the responsible party through official sources or a qualified U.S. immigration attorney.
Application process: an overview
The steps vary by category. A typical employer-sponsored EB-2 or EB-3 process may look like this:
1. Find a qualifying employer and job
The job should be genuine, permanent, and consistent with the category’s requirements. Review the duties, location, salary, and qualification requirements carefully.
2. Confirm the employer’s willingness to sponsor
Ask whether the employer will support the relevant process and whether it expects to use PERM, EB-1, or another category. Clarify the expected stages and who will manage them.
3. Complete the labor certification process, if required
The employer requests a prevailing wage determination and conducts recruitment under Department of Labor rules. The employer then files the PERM application if the process supports certification.
4. Employer files Form I-140
After a required labor certification is approved—or where the category does not require PERM—the employer or eligible self-petitioner files Form I-140 with USCIS. The petition must establish eligibility for the requested preference category.
5. Track the priority date and visa availability
For many cases, the priority date is connected to the filing of the labor certification or immigrant petition. Applicants should check the Visa Bulletin and USCIS guidance to understand when they may proceed.
6. Complete the final application stage
If eligible to apply from within the United States, the applicant may file for adjustment of status. Applicants outside the United States usually complete consular processing through the National Visa Center and a U.S. embassy or consulate.
The correct process depends on the applicant’s location, status, category, and visa availability.
7. Complete medical and background requirements
Applicants may need a medical examination, vaccinations, biometrics, civil records, police certificates, and other documents. Follow the official instructions for the relevant filing route.
8. Attend an interview or respond to a government request
USCIS or a consular officer may request more evidence or ask questions about the job, qualifications, immigration history, or admissibility. Respond truthfully and by the deadline.
9. Receive a decision and follow status rules
Do not treat a pending petition as permission to work or remain in the United States. Work authorization and travel permissions depend on the applicant’s existing status and any separately approved documents.
Adjustment of status versus consular processing
Adjustment of status
An applicant who is eligible and physically present in the United States may be able to apply for a green card through Form I-485. Eligibility depends on the person’s immigration history, category, visa availability, and other legal requirements.
Filing an I-485 does not automatically resolve every status or employment issue. Applicants should understand the rules about work authorization, travel, and maintaining status before taking action.
Consular processing
Applicants outside the United States generally complete immigrant-visa processing through the National Visa Center and a U.S. embassy or consulate. The process often includes submitting civil documents, completing a medical examination, and attending an interview.
An approved I-140 does not itself give the applicant permission to enter the United States as a permanent resident. The immigrant visa must be issued and used according to the applicable instructions.
Changing jobs during the process
Changing employers can affect an employment-based case, but the consequences depend on the stage of the process and the category.
For some adjustment-of-status applicants, U.S. law provides a portability option after certain conditions are met, including a pending adjustment application for a specified period and a new job in the same or a similar occupational classification. This is a fact-specific rule, not a general permission to switch jobs at any stage.
Before resigning, changing employers, changing job duties, or relocating:
- Identify the exact stage of the case.
- Ask whether a new labor certification or petition is required.
- Check whether the new role is sufficiently similar for any portability provision.
- Review the impact on the priority date and existing filings.
- Obtain case-specific advice where needed.
Finding employers that may sponsor
There is no universal list of U.S. employers that will sponsor every position. Large companies, universities, hospitals, research organizations, engineering firms, manufacturers, and financial institutions may sponsor certain roles, but hiring policies vary.
Useful search approaches include:
- Check the employer’s official careers page.
- Search job descriptions for “employment-based sponsorship,” “permanent residence,” or “green-card sponsorship.”
- Ask the recruiter whether the employer sponsors the exact role and location.
- Review public employer information where relevant, but do not treat past filings as a promise of future sponsorship.
- Use professional networks and industry associations to identify genuine openings.
- Confirm the legal employing entity, especially for staffing, consulting, or subcontracting arrangements.
The role must be genuine, and the employer must be prepared to meet its obligations. A job board label is not proof.
How to avoid green-card and recruitment scams
Be cautious if a person or company:
- Guarantees green-card approval or a specific processing time.
- Offers a green card for a fee without a genuine job or qualifying category.
- Demands money to “reserve” a sponsored position.
- Requests payment through cryptocurrency, gift cards, or personal accounts.
- Claims to sell an approved labor certification or priority date.
- Advises you to falsify a résumé, degree, job history, or immigration record.
- Uses contact details that do not match the employer’s official website.
- Pressures you to sign a contract or pay immediately.
- Refuses to identify the legal employer or explain the job duties.
- Requests your bank password, one-time code, or unnecessary original documents.
Verify the employer through independent contact information. Use official government websites for forms and fees, and check that any immigration lawyer is licensed to practise law in the relevant U.S. jurisdiction.
Common mistakes to avoid
- Assuming a U.S. job offer automatically qualifies for a green card.
- Confusing a temporary work visa with permanent residence.
- Assuming every employer-sponsored case requires the same process.
- Paying PERM recruitment costs that the employer is legally required to bear.
- Relying on old fee schedules or outdated processing-time estimates.
- Ignoring the Visa Bulletin and country-specific visa availability.
- Submitting inconsistent job duties, education records, or employment dates.
- Changing jobs without checking the effect on the case.
- Starting work without valid authorization.
- Believing that a recruiter can guarantee government approval.
Frequently asked questions
Does an employer have to sponsor every foreign employee?
No. An employer may sponsor some positions but not others. Sponsorship depends on the job, the company’s policy, legal eligibility, and the applicant’s qualifications.
Can I apply for an employment-based green card without an employer?
Some categories allow self-petitioning, including EB-1A and the EB-2 National Interest Waiver for qualifying applicants. Many EB-2 and EB-3 cases, however, require a permanent job offer and employer involvement. Eligibility is category-specific.
How long does the process take?
There is no single timeline. Processing depends on the category, Department of Labor and USCIS workloads, consular processing, visa availability, and country of chargeability. Some applicants may face substantial waits. Check official processing information and the monthly Visa Bulletin rather than relying on a general estimate.
Is PERM required for all employment-based green cards?
No. PERM is commonly required for many employer-sponsored EB-2 and EB-3 cases, but several categories do not require it. Check the rules for the specific category.
Does an approved I-140 give me a green card?
No. Form I-140 is an immigrant petition. An applicant generally must complete a further step—adjustment of status or consular processing—and have an immigrant visa available where required.
Can I work while my green-card case is pending?
A pending employment-based petition alone does not grant work authorization. The right to work depends on an existing status or a separately issued work authorization document. Get advice specific to your status before accepting employment.
Can my family members immigrate with me?
In many employment-based categories, a spouse and qualifying unmarried children under 21 may be eligible as derivative applicants. Rules and timing can vary, and each family member must meet applicable requirements.
Conclusion
A U.S. employment-based green card can provide a path to permanent residence, but the process depends on the category, employer, job, qualifications, and visa availability. Many cases require a genuine permanent job offer, employer sponsorship, and a labor certification; other categories may allow self-petitioning when strict criteria are met.
Before accepting an offer or paying costs, verify the employer’s commitment, identify who is legally responsible for each fee, and confirm current requirements through USCIS, the Department of Labor, and the Department of State. A job offer or approved petition is an important step—but neither alone guarantees a green card or authorizes you to work.