How a job can lead to a green card

This page is general information, not legal advice. A job offer is a real opportunity. It is also a long process with rules that catch many people by surprise. Knowing the hard parts early saves you and your employer time and money.

Which jobs can lead to a green card?

Employment based green cards fall into groups:

• EB-1: people with extraordinary ability, outstanding professors and researchers, and some managers of multinational companies. Usually no PERM.
• EB-2: jobs needing an advanced degree, or people with exceptional ability. Usually PERM, unless the worker gets a "national interest waiver."
• EB-3: skilled workers (2 years of training or experience), professionals with a bachelor's degree, and other workers in jobs that need less than 2 years of training. PERM is required.

Many readers' jobs, such as in construction, food service, caregiving or cleaning, would fall under EB-3 "other workers," which often has the longest wait for a visa number.

What is PERM?

PERM is the Labor Department's permanent labor certification. The employer proves it tested the job market and found no able, willing, qualified US worker for the job at the required wage. The main steps are (20 CFR 656.17):

1. Prevailing wage. The employer asks the Labor Department what the job must pay in your area. The employer must offer at least that wage.
2. Recruitment. The employer advertises the job. For every job, that includes a 30 day job order with the state workforce agency and two Sunday newspaper ads. Professional jobs need three more recruitment steps. Recruitment must happen at least 30 days, and no more than 180 days, before filing.
3. Review applicants. The employer must consider US workers who apply and keep records of why each was not qualified.
4. File the PERM application (Form ETA-9089) online through the Labor Department's FLAG system.
5. Decision. The Labor Department certifies it, denies it, or audits it.

Once certified, the employer has 180 days to file the I-140 with USCIS, or the certification expires (20 CFR 656.30).

Who pays for PERM?

The employer. The rules forbid an employer from asking for or accepting payment of any kind for the labor certification, including its lawyer's fees (20 CFR 656.12(b)). A worker may pay for their own separate lawyer.

If an employer asks you to pay for your PERM, or to "pay back" the costs from your wages, stop and talk to a lawyer. Selling or buying a labor certification can lead to denial, revocation, and the employer being barred.

What happens after PERM?

1. Form I-140. The employer files it with USCIS. The fee is $715, plus a $600 Asylum Program Fee, or $300 for employers with 25 or fewer full time workers, or $0 for nonprofits (8 CFR 106.2). The employer must show it can pay the offered wage.
2. Priority date. Your place in line is usually the date the PERM was filed. Check the Visa Bulletin each month for your category and country.
3. Green card. When your date is current, you apply for the green card: on Form I-485 inside the US if you are eligible, or at a US consulate abroad.

The whole process often takes years, especially for EB-3 other workers and for people born in countries with long lines.

Can I finish the process inside the US?

To get a green card inside the US (adjustment of status), you generally must have been inspected and admitted or paroled (8 USC 1255(a)). Job based applicants face extra limits. The law blocks adjustment for most people who worked without permission, are out of status when they file, or did not keep lawful status since entry (8 USC 1255(c)(2) and (c)(7)).

There is one forgiveness rule for employment cases. If you are present under a lawful admission when you file, you can still adjust if your total time out of status, unauthorized work, or other violations since your last lawful admission is 180 days or less (8 USC 1255(k)).

What if I entered without papers?

This is the hard truth: if you entered without inspection, a job petition alone usually does not let you get a green card inside the US. The main exception is section 245(i): if a family or job petition, or a labor certification, was filed for you (or for a parent or spouse when you were their dependent) on or before April 30, 2001, and other conditions are met, you may adjust here with a $1,000 extra payment (8 USC 1255(i)).

Without 245(i), you would have to get the visa at a US consulate abroad. Leaving after more than 180 days of unlawful presence triggers the 3 year bar, and after a year or more, the 10 year bar (8 USC 1182(a)(9)(B)). The provisional waiver that lets people apply before leaving requires extreme hardship to a US citizen or green card spouse or parent. An employer does not count. Read The 3 and 10 year bars and the waiver.

What mistakes should I avoid?

• Starting PERM before a lawyer checks your entry. The employer can spend a year and thousands of dollars on a case that cannot finish.
• Paying your employer for PERM. It is not allowed.
• Lying about your work history on forms. Misrepresentation can create a permanent bar.
• Leaving the US while waiting, without a plan.
• Quitting too early. Changing jobs during the process can end the case unless special rules apply. Ask before you leave.

Who can help?

Job based cases are usually handled by private immigration lawyers paid by the employer. Free clinics can screen your history first.

Bay Area help (San Mateo and Santa Clara counties):

• CLSEPA: immigration screening for low income residents of San Mateo and Santa Clara counties. (650) 326-6440 (CLSEPA).
• Immigration Institute of the Bay Area (Redwood City): free first consultation, by appointment, (650) 587-1558 (IIBA).
• Asian Law Alliance (San Jose): (408) 287-9710 (Asian Law Alliance).

Anywhere: ImmigrationLawHelp.org for nonprofits; for private lawyers, see How to find a trusted lawyer.

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

Questions people ask

My boss says he will sponsor me. Can I keep working while we wait? PERM and an I-140 do not give you permission to work. If you do not have a work permit, working can count against you. Ask a lawyer.

Do I need a college degree? No. EB-3 "other workers" covers jobs needing less than 2 years of training or experience. The wait can be long.

Can a small business sponsor me? Yes, if it can show it can pay the offered wage and completes PERM. The Asylum Program Fee is $300 for employers with 25 or fewer full time workers.

What if my employer goes out of business? It can end the case or require a new sponsor. Some people keep their priority date. Ask a lawyer.

I have DACA and my employer will sponsor me. Is it possible? Sometimes. It depends on how you first entered and whether you traveled on advance parole. Get screened before anyone files.