An employer-sponsored green card allows a qualified foreign worker to become a lawful permanent resident of the United States through a permanent job opportunity. For many professionals, skilled workers and other employees, the process involves three major stages: PERM labor certification, the employer’s Form I-140 immigrant petition and the worker’s final permanent-residence application.
Although the process is often described as “company sponsorship,” an employer cannot simply offer a green card to any foreign worker. The job, employer and employee must satisfy detailed requirements established by the U.S. Department of Labor, U.S. Citizenship and Immigration Services and, for applicants processing outside the United States, the Department of State.
The process can also be expensive and lengthy. In July 2026, the Department of Labor reported that PERM analyst review was taking an average of 403 calendar days. That period does not include the prevailing-wage request, recruitment campaign, I-140 petition, Visa Bulletin wait or final green card application.
This guide explains the employer-sponsored green card process in 2026, including eligibility, PERM recruitment, government filing fees, legal costs, processing times and the responsibilities of both the employer and employee.
Important: This article provides general information and is not legal advice. Immigration rules, fees, processing times and Visa Bulletin dates can change. Employers and workers should obtain advice from a qualified U.S. immigration attorney before filing.
What Is an Employer-Sponsored Green Card?
An employer-sponsored green card is a permanent-residence process based on a genuine offer of permanent employment from a qualifying U.S. employer.
In most EB-2 and EB-3 cases, the employer must first obtain a permanent labor certification from the Department of Labor. The purpose of the certification is to establish that:
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- There are not enough able, willing, qualified and available U.S. workers for the job opportunity in the area of intended employment.
- Employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
A certified PERM application allows the employer to proceed to the immigration-petition stage, but it does not itself grant a green card, work authorization, immigration status or permission to enter the United States.
The standard process normally involves:
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- Defining the permanent job opportunity.
- Obtaining a prevailing wage determination.
- Conducting required recruitment.
- Filing Form ETA-9089 with the Department of Labor.
- Filing Form I-140 with USCIS after PERM approval.
- Waiting for an immigrant visa number, when required.
- Applying for adjustment of status or completing consular processing.
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Which Employment Categories Usually Require PERM?
PERM is most commonly used for the employment-based second-preference and third-preference categories.
EB-2: Advanced-Degree Professionals
The EB-2 category can cover a position requiring an advanced degree or its equivalent.
For immigration purposes, an advanced-degree professional may qualify through:
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- A U.S. master’s or higher degree;
- A foreign equivalent advanced degree; or
- A U.S. bachelor’s degree or foreign equivalent followed by at least five years of progressive experience in the specialty.
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The job itself must require the advanced degree or recognized equivalent. It is not enough for the foreign worker to possess a master’s degree when the sponsored position ordinarily requires only a bachelor’s degree.
EB-2 can also cover individuals of exceptional ability, but an employer-sponsored PERM case still requires the job and worker to satisfy the applicable EB-2 requirements.
EB-3: Professionals
The EB-3 professional category generally covers positions requiring at least a U.S. bachelor’s degree or its foreign equivalent.
The employee must possess the degree required by the certified labor application. Education and work experience cannot always be combined to create the equivalent of a bachelor’s degree for the EB-3 professional classification.
EB-3: Skilled Workers
An EB-3 skilled-worker position must require at least two years of training or work experience. The employee must demonstrate that the required experience was obtained before the relevant filing deadline and meets the exact requirements listed on the labor certification.
EB-3: Other Workers
The EB-3 other-worker category covers jobs requiring less than two years of training or experience. These must still be permanent, full-time and nonseasonal positions.
Because the number of immigrant visas allocated to the other-worker category is limited, these cases may experience longer Visa Bulletin waits.
Employer-Sponsored Cases That May Not Require Standard PERM
Not every employment-based green card follows the standard PERM process.
Examples include:
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- EB-1 extraordinary-ability cases;
- EB-1 outstanding professors and researchers;
- EB-1 multinational managers and executives;
- EB-2 national interest waivers;
- Schedule A occupations;
- Certain special immigrant categories; and
- Employment-creation investor cases.
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Schedule A cases, including certain nurses and physical therapists, are generally filed directly with USCIS rather than submitted to the Department of Labor for standard PERM adjudication.
Employers should therefore determine the correct immigration category before beginning an expensive recruitment campaign.
Employer-Sponsored Green Card Process in 2026
Stage One: Define the Permanent Job Opportunity
The employer must begin with a real, permanent, full-time job opportunity in the United States.
The company should determine:
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- Job title;
- Detailed duties;
- Minimum educational requirement;
- Required years and type of experience;
- Required licences or certifications;
- Work location;
- Travel requirements;
- Supervisory responsibilities;
- Remote-work arrangement;
- Offered salary; and
- Whether any unusual requirements are genuinely necessary.
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The requirements should reflect the employer’s actual minimum qualifications for the position. They should not be created solely to match the foreign employee’s résumé or discourage U.S. applicants.
This planning stage is critical. The job requirements used during PERM will normally control the later I-140 petition. A mismatch between the recruitment materials, ETA-9089 and I-140 evidence can cause an audit, request for evidence or denial.
The employer must also qualify as a U.S. employer, possess a valid Federal Employer Identification Number and maintain a U.S. location to which interested U.S. workers can be referred.
Stage Two: Obtain the Prevailing Wage Determination
Before filing PERM, the employer must obtain a valid prevailing wage determination from the Department of Labor’s National Prevailing Wage Center.
The prevailing wage is based on factors such as:
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- Occupation;
- Job duties;
- Required education and experience;
- Level of responsibility;
- Work location; and
- Applicable wage data.
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The employer submits Form ETA-9141 through the Foreign Labor Application Gateway. A PERM application cannot be filed without a valid prevailing wage determination.
The employer must ultimately offer and pay at least the certified wage when the worker becomes a permanent resident and begins working in the sponsored position. The wage listed in recruitment must also satisfy the applicable PERM requirements.
As of June 30, 2026, the Department of Labor reported that it was processing many PERM prevailing-wage requests filed in March and April 2026. This suggests a relatively shorter queue than the PERM adjudication stage, although actual timing varies according to the wage source, case complexity and requests for additional information.
Stage Three: Conduct the PERM Recruitment Campaign
PERM recruitment is designed to test the U.S. labour market. The employer must advertise the genuine position and evaluate applicants according to the lawful requirements stated in the advertisements and labor certification.
Recruitment for Professional Positions
For a professional occupation, required recruitment generally includes:
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- A job order with the appropriate State Workforce Agency;
- Two advertisements in a newspaper’s Sunday edition; and
- Three additional recruitment methods selected from the permitted options.
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The additional methods can include:
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- Employer website;
- Job-search website;
- Job fair;
- Campus recruitment;
- Trade or professional organization;
- Private employment firm;
- Employee-referral program with incentives;
- Campus placement office;
- Local or ethnic newspaper; or
- Radio or television advertisement.
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The Department of Labor instructions require the mandatory recruitment steps to take place at least 30 days and no more than 180 days before the PERM filing. Only one of the three additional professional-recruitment activities may occur entirely within the final 30 days before filing.
Recruitment for Nonprofessional Positions
Nonprofessional occupations generally require:
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- A State Workforce Agency job order; and
- Two Sunday newspaper advertisements.
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Additional professional recruitment methods are not generally required, although the employer must still satisfy the notice-of-filing requirements.
Notice of Filing
When there is no bargaining representative, the employer normally must post a notice at the worksite for at least 10 consecutive business days. The notice must be posted between 30 and 180 days before the PERM application is filed.
The employer may also need to distribute the notice through the company’s normal internal methods for informing employees of job opportunities.
Reviewing U.S. Applicants
The recruitment campaign is not a performance designed to justify a predetermined decision. The job must be genuinely available to qualified U.S. workers.
The employer must review résumés and applications in good faith. Applicants can be rejected only for lawful, job-related reasons. The employer should maintain clear records of:
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- Applications received;
- Interview attempts;
- Interview results;
- Reasons for rejection;
- Recruitment dates;
- Advertisements;
- Invoices; and
- The final recruitment report.
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If a qualified and available U.S. worker accepts the job under the advertised terms, the employer may be unable to proceed with that PERM filing.
Stage Four: File Form ETA-9089
After the recruitment period and required waiting period are complete, the employer may submit Form ETA-9089 through the FLAG system.
There is currently no Department of Labor filing fee for Form ETA-9089. However, the employer still pays for advertisements, recruitment services and any employer-side legal work connected with obtaining labor certification.
The filing date of a properly submitted PERM application generally becomes the employee’s priority date. The priority date establishes the employee’s position in the immigrant-visa queue.
PERM Audit
The Department of Labor may:
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- Approve the application;
- Deny it;
- Select it for audit;
- Request additional documentation; or
- Require supervised recruitment.
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An audit does not automatically mean the employer committed wrongdoing. Some cases may be selected randomly, while others may be reviewed because of the job requirements, employer information, recruitment details or another issue.
The employer must retain supporting documentation and be able to produce it even though most evidence is not uploaded with the initial ETA-9089 filing.
Stage Five: File Form I-140 With USCIS
After PERM certification, the employer files Form I-140, Immigrant Petition for Alien Workers.
The certified labor application is valid for only 180 calendar days. USCIS must receive the I-140 petition within that period or the certification normally expires.
At the I-140 stage, the employer must establish:
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- The company is a genuine petitioner;
- The permanent job remains available;
- The position qualifies for EB-2 or EB-3 classification;
- The employee possessed the required education and experience by the relevant date;
- The labor certification supports the requested category; and
- The employer can pay the offered wage.
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USCIS generally requires the employer to demonstrate its continuing ability to pay the proffered wage from the priority date until the worker becomes a permanent resident. Evidence may include federal tax returns, audited financial statements, annual reports, payroll records or proof that the employee has already been paid the required amount.
Premium Processing
Most PERM-based I-140 petitions are eligible for premium processing. USCIS generally provides qualifying I-140 premium processing within 15 business days, although the premium period may stop and restart when USCIS issues a request for evidence or takes another qualifying action.
Effective March 1, 2026, the premium-processing fee for covered I-140 classifications increased to $2,965. Premium processing accelerates USCIS action on the I-140; it does not guarantee approval and does not accelerate PERM, Visa Bulletin movement, the I-485 or a consular interview.
Stage Six: Wait for an Available Immigrant Visa
Approval of the I-140 does not always mean the employee can immediately complete the green card application.
Employment-based green cards are subject to annual numerical limits and per-country limits. The Department of State publishes monthly Final Action Dates and Dates for Filing in the Visa Bulletin. Approximately 140,000 employment-based immigrant visas are normally available each fiscal year, including visas for qualifying spouses and children.
The relevant wait depends mainly on:
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- Employment category;
- Priority date;
- Country of chargeability, usually country of birth;
- Monthly Visa Bulletin movement; and
- Whether USCIS permits adjustment applicants to use the Final Action Dates or Dates for Filing chart.
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For August 2026, EB-2 was current for applicants under “All Chargeability Areas Except Those Listed,” while EB-3 had a final action date of September 1, 2024. India and mainland China faced substantially older cut-off dates in several categories. These dates can advance, remain unchanged, retrogress or become unavailable.
Applicants should check the current Visa Bulletin rather than relying on the dates quoted in an older article.
Stage Seven: Adjustment of Status or Consular Processing
Once a visa number is available, the employee completes the permanent-residence process through one of two routes.
Adjustment of Status
An eligible applicant physically present in the United States may file Form I-485 to adjust status without leaving the country.
The application package may include:
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- Form I-485;
- Medical examination;
- Identity and immigration documents;
- Birth and marriage records;
- Evidence of lawful status where required;
- Form I-485 Supplement J;
- Form I-765 for employment authorization; and
- Form I-131 for advance parole.
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Adjustment eligibility can be affected by unlawful presence, unauthorized employment, status violations, criminal history, fraud, misrepresentation and other grounds of inadmissibility. An approved I-140 does not automatically cure these problems.
Consular Processing
An employee outside the United States, or one choosing consular processing, completes the immigrant-visa process through the National Visa Center and a U.S. embassy or consulate.
Each employment-based immigrant-visa applicant currently pays a $345 Department of State application-processing fee, in addition to medical-examination costs and other expenses.
After visa issuance, most applicants must also pay a USCIS immigrant fee for production of the physical green card.
Estimated Employer-Sponsored Green Card Timeline in 2026
| Stage | Approximate planning period |
|---|---|
| Job analysis and case preparation | 2–8 weeks |
| Prevailing wage determination | Approximately 2–4 months in many current cases |
| Recruitment and waiting period | Approximately 2–4 months |
| PERM analyst review | Around 13 months based on the June 2026 average |
| PERM audit or supervised recruitment | Several additional months or longer |
| I-140 regular processing | Varies by classification and workload |
| I-140 premium processing | Generally 15 business days for qualifying cases |
| Visa Bulletin wait | Immediate to many years |
| I-485 or consular processing | Several months or longer |
These periods are planning estimates, not guarantees.
The Department of Labor reported an average of 403 calendar days for PERM analyst-review determinations in June 2026. It also reported that analyst review was working on cases with July 2025 priority dates as of July 17, 2026.
A straightforward case with no visa backlog may therefore still take approximately two years from initial planning to permanent residence. A case involving an audit, employer delay, request for evidence, consular backlog or oversubscribed Visa Bulletin category can take considerably longer.
Employer-Sponsored Green Card Fees in 2026
Government and Recruitment Costs
| Expense | Current amount or range |
|---|---|
| PERM prevailing-wage request | No DOL filing fee |
| ETA-9089 PERM application | No DOL filing fee |
| Recruitment advertising | Varies by location and media |
| Form I-140 | $715 |
| I-140 Asylum Program Fee | $0, $300 or $600 |
| I-140 premium processing | $2,965 |
| Form I-485 for most applicants aged 14 or older | $1,440 |
| I-485 for certain children under 14 filing with a parent | $950 |
| I-765 connected to a pending I-485 | $260 |
| I-131 advance-parole application | $630 |
| Employment-based consular visa fee | $345 per person |
| Medical examination and document costs | Varies |
USCIS currently lists the Form I-140 base filing fee as $715. An employer filing I-140 must generally also pay an Asylum Program Fee of $600, reduced to $300 for employers with 25 or fewer full-time-equivalent employees and $0 for qualifying nonprofit petitioners.
USCIS lists the standard adult Form I-485 fee as $1,440, while certain children under 14 filing with a parent pay $950. Adjustment-based work and travel applications now generally carry separate fees rather than being automatically included in the I-485 fee.
Because USCIS can reject a filing submitted with the wrong payment, applicants should use the official USCIS fee calculator immediately before filing.
How Much Are Immigration Attorney Fees?
The U.S. government does not set a standard legal fee for employer-sponsored green card representation.
Immigration lawyers may charge:
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- A single flat fee;
- Separate fees for PERM, I-140 and I-485;
- Hourly fees;
- Additional fees for audits;
- Additional fees for requests for evidence;
- Dependant fees;
- Consular-processing fees; or
- Fees for premium-processing preparation.
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Published law-firm fee schedules show that pricing varies significantly. One publicly available schedule lists approximately $3,500 for PERM representation, $1,550 for an I-140 and $1,200 for an adjustment package, while other firms may charge substantially more depending on complexity, location and services included.
As a practical budget, employers should expect several thousand dollars in attorney fees for a professionally handled PERM case, separate from advertisements and government charges. A complete employer-sponsored case involving PERM, I-140, adjustment or consular processing and family members can produce a much larger combined cost.
Before retaining counsel, request a written agreement showing:
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- Which stages are included;
- Who the lawyer represents;
- Whether audit responses are included;
- Whether requests for evidence cost extra;
- Whether dependants are included;
- Who pays government fees;
- Who pays premium processing; and
- What happens if the employee leaves the company.
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Who Must Pay the PERM Costs?
This is one of the most important legal rules in the process.
The Department of Labor prohibits an employer from seeking or receiving payment from the foreign employee for activity related to obtaining permanent labor certification. This includes the employer’s attorney fees, recruitment expenses and costs of preparing and filing the PERM application.
The employer cannot recover those costs through:
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- Payroll deductions;
- Reduced salary;
- Repayment agreements;
- Cash reimbursement;
- Free labour;
- Benefits reductions; or
- Other concessions.
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When the same attorney represents the employer and employee during PERM, the employer must bear the related legal cost. The employee may separately retain and pay an independent attorney to represent only the employee’s personal interests.
The DOL prohibition specifically covers the labor-certification stage. Responsibility for later I-140, I-485, consular, medical and dependant expenses may depend on company policy, the legal arrangement and applicable law. These responsibilities should be documented before the process begins.
A company that asks a foreign worker to purchase a job offer, pay newspaper advertising costs or secretly reimburse PERM legal fees creates serious immigration and employment-law concerns.
Employee Eligibility Checklist
A foreign worker should confirm the following before relying on sponsorship:
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- The employee possesses the exact education required by the job.
- Foreign degrees can be documented and evaluated.
- Required work experience was gained before the relevant qualifying date.
- Former employers can provide detailed experience letters.
- Professional licences are available where required.
- Immigration history is accurate and documented.
- The employee has not made false statements in previous applications.
- Criminal, medical or inadmissibility issues have been evaluated.
- The employee understands the Visa Bulletin category.
- The employer is financially and operationally capable of completing the process.
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Experience letters should normally contain:
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- Employer name and address;
- Employee’s job title;
- Exact employment dates;
- Full-time or part-time status;
- Hours worked;
- Detailed duties;
- Name and title of the signer; and
- Reliable contact information.
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A generic letter stating only that the employee was “hard-working” may not prove the experience required by the labor certification.
Employer Eligibility and Compliance Checklist
A sponsoring company should be prepared to show:
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- A genuine permanent job exists.
- The company has a valid FEIN.
- The employer operates at a U.S. location.
- The job requirements are lawful and defensible.
- Recruitment will be conducted in good faith.
- The offered wage meets the prevailing wage.
- The company can pay the proffered wage.
- Corporate records and tax documents are available.
- PERM costs will not be transferred to the employee.
- The company intends to employ the worker in the sponsored job after permanent residence.
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A small company can sponsor a green card. There is no general rule limiting sponsorship to large corporations. However, a smaller or newly established employer may need stronger documentation of its business operations, financial position and ability to pay.
What Happens if the Employee Changes Jobs?
Changing employers can affect an employer-sponsored green card because the petition is based on a specific permanent job offer.
Before the I-485 has been pending for at least 180 days, losing the sponsored position can place the case at significant risk. Under certain circumstances, an employee whose adjustment application has remained pending for 180 days or more may move to a new permanent job in the same or a similar occupational classification.
Portability is fact-specific. Job duties, skills, wages, occupational codes and career progression may all matter. Workers should obtain legal advice before resigning or accepting a new role.
An approved I-140 may sometimes remain valid for priority-date retention or adjustment purposes even when the original employer withdraws it, but that does not always eliminate the need for a continuing qualifying job offer. USCIS provides specific rules for employment-based adjustment cases and petition validity.
Common Reasons for Delay or Denial
Employer-sponsored cases may fail because of:
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- Inconsistent job requirements;
- Restrictive requirements unsupported by business necessity;
- Recruitment errors;
- Incorrect advertisements;
- Failure to contact U.S. applicants;
- Unlawful rejection reasons;
- Missing recruitment evidence;
- Incorrect wage information;
- Employee qualifications obtained too late;
- Weak experience letters;
- Degree-equivalency problems;
- Employer inability to pay;
- Missed response deadlines;
- Expired PERM certification;
- Wrong filing fee;
- Material changes in the job or worksite;
- Fraud or misrepresentation; or
- Loss of the permanent job offer.
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Because PERM does not generally allow corrections after filing, a seemingly minor error can require the employer to restart recruitment and submit a new application.
How to Avoid Green Card Sponsorship Scams
Foreign workers should be cautious when a recruiter or company:
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- Sells “guaranteed” green card sponsorship;
- Charges the worker for PERM advertisements;
- Demands repayment of employer PERM legal fees;
- Offers a position that does not actually exist;
- Refuses to identify the sponsoring company;
- Requires false employment documents;
- Promises a guaranteed approval date;
- Provides a fake USCIS or DOL receipt;
- Requests payment to a personal account; or
- Claims Visa Bulletin waiting periods can be bypassed through a private payment.
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A real employer-sponsored green card is based on a genuine job and a documented government process. No private company or immigration consultant can guarantee PERM approval, USCIS approval or immigrant-visa availability.
Final Verdict
An employer-sponsored green card remains one of the most important routes to U.S. permanent residence for foreign professionals and skilled workers in 2026. However, the process requires long-term commitment from both the employer and employee.
A standard PERM-based case usually involves:
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- Defining the permanent position.
- Obtaining a prevailing wage.
- Conducting lawful recruitment.
- Filing ETA-9089.
- Securing PERM certification.
- Filing Form I-140.
- Waiting for visa availability.
- Completing adjustment of status or consular processing.
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The most significant delay in many 2026 cases is the PERM adjudication stage, with the Department of Labor reporting a 403-day average for analyst review in June. Premium processing can reduce the I-140 stage to approximately 15 business days, but it cannot accelerate PERM or move a Visa Bulletin priority date.
Employers must also understand their financial obligations. PERM recruitment expenses and employer-side PERM attorney fees cannot legally be passed to the foreign employee. Later government and legal expenses should be addressed transparently in the company’s immigration policy.
The best strategy is to begin early, use accurate job requirements, maintain complete recruitment records, verify every filing fee and obtain professional advice before any major employment or immigration change.
Frequently Asked Questions
Does PERM approval mean my green card is approved?
No. PERM approval allows the employer to file Form I-140. The employee must still complete the immigrant-petition and permanent-residence stages.
Can I pay my employer for green card sponsorship?
You should not pay or reimburse the employer for PERM recruitment, preparation or employer-side PERM attorney fees. DOL regulations prohibit the employer from seeking those payments.
Does the employee need to be in the United States?
No. An employer may sponsor a qualified worker who is outside the United States. The worker would normally complete consular processing after I-140 approval and visa availability.
Must I currently work for the sponsoring employer?
Not necessarily. The process is based on a permanent job offer that the employer intends to provide when permanent residence is granted. However, the facts must demonstrate that the offer is genuine.
Can a small business sponsor an employee?
Yes, provided the company is a genuine U.S. employer, has a qualifying permanent position, follows the recruitment rules and can demonstrate its ability to pay the offered wage.
Can premium processing speed up the entire green card process?
No. Premium processing applies to the eligible I-140 petition. It does not speed up the prevailing wage, recruitment, PERM review, Visa Bulletin or I-485.
How long is an approved PERM valid?
A certified permanent labor application is generally valid for 180 calendar days. The employer must file the I-140 within that period.
Can my spouse and children receive green cards?
A qualifying spouse and unmarried children under 21 may normally apply as derivative beneficiaries, subject to visa availability and individual eligibility.
Is EB-2 always faster than EB-3?
No. The faster category depends on the applicant’s country of chargeability, priority date and monthly Visa Bulletin. EB-2 also has stricter job and qualification requirements.
Is hiring an immigration attorney mandatory?
Legal representation is not legally mandatory, but PERM is highly technical. Incorrect recruitment, deadlines, wage information or job requirements can result in denial and force the employer to restart the process.
This content is for general educational purposes and does not create an attorney-client relationship. Immigration laws, government fees and processing times can change. Verify current requirements through official government sources and consult a qualified U.S. immigration attorney for case-specific advice.