Employers
Employment-Based Green Cards: PERM, EB-2, and EB-3 Explained
Labor Certification, Recruitment, and Preference Category Strategy
You want to sponsor a valued employee for permanent residence — and the path runs through labor certification, preference categories, and visa bulletin waiting lines that can stretch for years. PERM requires proving no qualified U.S. worker is available for the role. EB-2 and EB-3 follow different education and experience standards and face different backlog patterns by country of birth. Immigration Ascent, a division of Gillespie, Shields and Taylor, walks employers through recruitment requirements, category selection, and what USCIS and the Department of Labor expect at each stage. We explain what the record supports and what it does not. We do not guarantee outcomes.
Who Qualifies for Employment-Based Permanent Residence
Eligibility depends on the preference category and whether PERM labor certification is required: EB-2 is not automatically faster than EB-3 — backlog patterns vary by country and category.
- **PERM labor certification:** Most EB-2 and EB-3 cases require the employer to test the U.S. labor market through supervised recruitment — job posting, newspaper advertising, and documented applicant review — before filing with the Department of Labor
- **EB-2 (advanced degree or exceptional ability):** Requires a job offer, PERM certification (unless a National Interest Waiver applies), and either an advanced degree or exceptional ability in sciences, arts, or business
- **EB-3 (skilled workers, professionals, other workers):** Requires a job offer, PERM certification, and either a bachelor's degree, at least two years of training or experience, or less than two years of training for "other worker" subcategory
- **Employer sponsorship:** The U.S. employer must demonstrate ability to pay the offered wage and commit to the permanent position
- **Visa bulletin priority date:** Even after I-140 approval, final green card availability depends on the beneficiary's country of birth and the monthly visa bulletin
The PERM and Employment-Based Green Card Process, Step by Step
- 01Evaluate job requirements and determine EB-2 vs EB-3 category fit
- 02Obtain a prevailing wage determination from the Department of Labor
- 03Conduct supervised recruitment — job order, newspaper ads, internal posting, and applicant evaluation
- 04File PERM application (ETA Form 9089) with the Department of Labor after recruitment completes
- 05Upon PERM certification, file Form I-140 with USCIS demonstrating the beneficiary meets the category requirements
- 06Monitor visa bulletin priority dates for the beneficiary's country and category
- 07File Form I-485 (adjustment of status) or pursue consular immigrant visa processing when a visa number is available
- 08Complete medical exam, biometrics, and interview for permanent residence
How Long Does PERM and an Employment-Based Green Card Take?
PERM recruitment alone typically takes several months before the application can be filed. DOL processing adds additional months, and audits can extend timelines significantly. After PERM certification, I-140 processing varies by service center. The longest variable is often the visa bulletin wait — beneficiaries from countries with heavy backlogs may wait years between I-140 approval and green card availability. As of current USCIS and Department of Labor data, the full process commonly spans two to five years or longer depending on category and country. We check live processing times and bulletin data rather than quoting one fixed duration.
What We Handle
- EB-2 vs EB-3 category analysis and strategy
- PERM prevailing wage and recruitment planning
- ETA Form 9089 preparation and audit response
- Form I-140 petition preparation and filing
- Coordination with adjustment of status or consular processing
Frequently Asked Questions
Plan an Employment-Based Green Card
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