ImmigrationAscenta division of Gillespie, Shields and Taylor

Practice

PERM Labor Certification and Employment-Based Green Cards — EB-2 vs. EB-3 Explained

From Recruitment to I-140 and the Green Card — What Employers and Workers Should Expect

Your company wants to sponsor a green card — or you are the employee waiting on that sponsorship. Most employer-sponsored cases still run through PERM labor certification, then an I-140 immigrant petition, then adjustment or consular processing. The path is paperwork-heavy, deadline-sensitive, and slow for many chargeability countries. Immigration Ascent, a division of Gillespie, Shields and Taylor, guides employers through recruitment compliance and petition strategy, and keeps employees clear on what each stage actually means. We explain what the record supports and what it does not. We do not guarantee outcomes.

Who Qualifies for PERM-Based Green Cards

Typical PERM / EB-2 / EB-3 cases require: EB-2 is not always “better” than EB-3 if your EB-2 date is backlogged worse than EB-3 for your country — a real issue for some chargeabilities historically, including India. Category choice is strategic.

  • **U.S. employer sponsor** willing to permanently employ the worker in a full-time role
  • **Job requirements** that match the selected category and can be tested through fair recruitment
  • **EB-2:** Generally advanced degree (or bachelor’s plus five years progressive experience) or exceptional ability — with a PERM unless a National Interest Waiver applies
  • **EB-3:** Skilled workers (2+ years experience), professionals (bachelor’s), or certain other workers — with PERM
  • **Ability to pay** the offered wage as of the priority date and through approval
  • **Visa availability** based on preference category and country of chargeability on the Visa Bulletin

The PERM-to-Green-Card Process, Step by Step

  1. 01Define the job, wage level, and minimum requirements carefully (overstating requirements can sink recruitment)
  2. 02Obtain a prevailing wage determination from the Department of Labor
  3. 03Conduct required recruitment steps and document results in a compliance file
  4. 04File the PERM application (ETA Form 9089) after recruitment is complete
  5. 05After PERM certification, file Form I-140 with USCIS
  6. 06When a visa number is available, file I-485 or complete consular processing
  7. 07Maintain status through the multi-year process (often via H-1B or other nonimmigrant status)

How Long Do PERM and Employment Green Cards Take?

Prevailing wage, recruitment, PERM processing, I-140, and final green card stages each run on separate government clocks that change through the year. Visa Bulletin backlogs for EB-2 and EB-3 can add years for some countries of birth — far longer than PERM itself. We check current DOL and USCIS processing indicators and the monthly Visa Bulletin for your category and chargeability rather than quoting a single “employment green card takes X months” figure that misleads.

What We Handle

  • EB-2 vs. EB-3 strategy based on credentials and Visa Bulletin realities
  • Prevailing wage and PERM recruitment planning for employers
  • PERM audit response support and compliance file organization
  • I-140 filings after certification
  • Adjustment or consular coordination when visa numbers allow

Frequently Asked Questions

Plan an Employment-Based Case

Contact us

Reading this page or sending a message does not create an attorney-client relationship.

← Back to employers

Immigration Ascent is a division of Gillespie, Shields and Taylor. Content on this website is for general information and does not constitute legal advice. Reading this site or contacting us does not create an attorney-client relationship. Communications are governed by our Privacy Policy and Terms of Service. Contact: pranavsai52@gmail.com.