Employment-based green card steps: PERM labor certification, I-140, I-485, priority dates and the Visa Bulletin

Not legal advice. This is general information. Green card cases depend heavily on your education, experience, country of birth and current status, and rules and fees change. Confirm with USCIS, the Department of Labor's FLAG system and an immigration attorney before you decide anything.

If you work in the U.S. on an H-1B, E-2 or L-1, sooner or later you hear "the company will sponsor your green card." Behind that sentence are three agencies and three steps. Knowing the order makes conversations with your employer and attorney much easier.

The steps at a glance (EB-2 and EB-3)

Step 1: PERM labor certification (Department of Labor)

PERM is a Department of Labor certification that allows a U.S. employer to hire a foreign worker permanently. Following the DOL FLAG PERM page:

1. The employer registers a FLAG account through Login.gov.
2. It obtains a prevailing wage determination for the job — required before filing.
3. It completes any required pre-filing recruitment and Notice of Filing, which depend on the occupation.
4. It files the PERM application (Form ETA-9089) online in FLAG.

Under 20 CFR 656.30, an approved labor certification expires if it is not filed in support of a Form I-140 within 180 calendar days of the date DOL granted it.

Step 2: Form I-140 (USCIS)

The employer files Form I-140 with USCIS. The main categories:

• EB-2 — professionals with an advanced degree (or a bachelor's degree plus five years of progressive experience), or people with exceptional ability. Usually requires a labor certification, but people seeking a national interest waiver (NIW) may self-petition without an employer.
• EB-3 — skilled workers (jobs needing at least two years of training or experience), professionals (jobs needing a bachelor's degree), and other workers (jobs needing less than two years). Usually requires a labor certification and a permanent, full-time job offer.
• Schedule A occupations (such as certain nurses and physical therapists) go straight to USCIS without a DOL labor certification.

Priority dates — your place in line

Your priority date sets your place in the queue. According to USCIS:

• with a labor certification, it is the date DOL accepts the labor certification application for processing;
• without one, it is the date USCIS accepts the Form I-140.

USCIS explains that employment-based preference visas are limited to 140,000 a year (more if unused numbers carry over from the previous year), and there are also per-country limits, usually based on country of birth. That is why busy categories and countries have waits.

How to read the Visa Bulletin

The State Department's Visa Bulletin comes out monthly and shows immigrant visa availability. It has two charts:

• Final Action Dates — if your priority date is earlier than this date, your green card can be approved.
• Dates for Filing — if your priority date is earlier than this date, you can assemble and submit your application.

Find the cell where your category (EB-1, EB-2, EB-3 and so on) meets your country of chargeability (usually country of birth). A "C" (current) instead of a date means visas are immediately available to qualified applicants in that category and country.

For adjustment of status inside the U.S., USCIS decides each month which chart to use and posts it on its filing charts page. As of October 2026, USCIS says to use the Dates for Filing chart in the October 2026 Visa Bulletin for all employment-based categories. This can change monthly, so check again before you file.

Step 3: Form I-485 or consular processing

• If you are in the U.S. — once a visa number is available, apply for adjustment of status on Form I-485. USCIS says that if a visa is immediately available, the I-140 can be filed together with the I-485 or while the I-485 is pending.
• If you are outside the U.S. — you go through consular processing with the State Department.

For job seekers and employers

• Job seekers — it is normal to ask in interviews, "Do you have a green card sponsorship policy, and when does it usually start?" Browse visa sponsorship jobs and Korean companies. For the work visas people hold before a green card, see our H-1B basics and E-2 basics guides.
• Employers — PERM has prevailing wage and recruitment requirements, so planning the timeline matters. Work with an immigration attorney.
• Be careful with anyone who "guarantees" a green card in exchange for money. See job scam warning signs.

JOBnaru™ cannot promise a green card or visa outcome, and a sponsorship tag on a posting is not a guarantee.

Last checked: October 19, 2026.

Cite this article as: JOBnaru™ — https://jobnaru.com/en/news/employment-green-card-perm-i140-i485