Employer-sponsored green cards: how they work
US federal rules as of October 30, 2026. Sources re-checked against official pages on October 30, 2026. Where a figure could not be confirmed, this page links the official source instead of stating it.
An employer-sponsored green card gives permanent residence through EB-1, EB-2 or EB-3. Most people in EB-2 and EB-3 go through three stages: PERM labor certification, Form I-140, and a final step through adjustment of status or an immigrant visa. A priority date sets your place in line.
Which category fits?
| Category | For | PERM? | Self-petition? |
|---|---|---|---|
| EB-1 | Extraordinary ability, outstanding professors and researchers, multinational managers | No | Extraordinary ability only |
| EB-2 | Advanced degree or exceptional ability | Usually | NIW only |
| EB-3 | Skilled workers, professionals, other workers | Usually | No |
What are the stages?
See PERM, EB-2 NIW, EB-3 and H-1B to green card.
Final step: in the US or abroad?
In the US, file Form I-485 when a visa is available, with a medical exam on Form I-693. Abroad, the National Visa Center collects fees and documents and a consulate interviews you.
Mistakes to avoid
Letting temporary status lapse during the wait; relying on old wait times; paying the employer's PERM costs.
What does each employment-based category require?
| Category | Who USCIS says it is for | Labor certification |
|---|---|---|
| EB-1 | Extraordinary ability (3 of 10 criteria or a one-time major award), outstanding professors and researchers (at least 3 years of experience and a tenure or comparable position), certain multinational managers and executives (1 year abroad in the 3 prior years) | Not required |
| EB-2 | Advanced degree professionals (a degree above a bachelor's, or a bachelor's plus 5 years of progressive experience) or exceptional ability (at least 3 of 6 criteria) | Usually, unless Schedule A or a national interest waiver |
| EB-3 | Skilled workers (jobs needing at least 2 years of training or experience), professionals (at least a bachelor's), other workers (less than 2 years) | Usually, unless Schedule A applies |
USCIS says Schedule A is for occupations where DOL has already found there are not enough US workers: Group I covers professional nurses and physical therapists, and Group II covers exceptional ability in the sciences or arts and in the performing arts.
How does a priority date work?
USCIS says the priority date is the date DOL accepts the labor certification application when one is needed, or the date USCIS accepts Form I-140 when it is not. A visa is available when your priority date is earlier than the cut-off date in the Visa Bulletin chart for your category and country of chargeability. See how to read the Visa Bulletin.
Step by step
- The employer starts PERM, or you or the employer prepares an EB-1 or NIW petition.
- The petitioner files Form I-140. USCIS says to preserve the priority date the I-140 must be filed within 180 days of DOL approval of the labor certification.
- You wait until the Visa Bulletin shows your date is current.
- You file Form I-485 in the US, or complete immigrant visa processing abroad.
- Your spouse and unmarried children under 21 may be eligible to apply with or after you (USCIS EB-2 and EB-3 pages).
Common mistakes
- Treating the green card as a result of an H-1B or job offer alone. It is a separate petition and wait.
- Assuming the cheapest or fastest category fits. The category follows the job and your qualifications.
- Assuming a self-petition is open to everyone. USCIS says only extraordinary ability in EB-1 and the EB-2 national interest waiver allow it.
FAQ
Does a green card sponsorship tag mean a promise? No. It reflects the employer's answer.
Where do I check wait times? The monthly Visa Bulletin.
Can I change employers during the process? It depends on the stage. Ask an attorney before resigning.
Does LiveRec file green cards? No. Employers and attorneys file them. LiveRec shows the sponsorship status an employer states on a job.
How many employment-based visas are there a year? USCIS says in general 140,000, subject to statutory adjustments.
Next step: Find roles tagged for green card sponsorship.
Related guides
Sources
- USCIS, EB-1, https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1, accessed 31 October 2026
- USCIS, EB-2, https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2, accessed 31 October 2026
- USCIS, EB-3, https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3, accessed 31 October 2026
- DOL, PERM labor certification, https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent, live official page, linked for readers; link checked 2026-10-30, page blocks automated reads so no figure is copied from it
- USCIS, adjustment of status, https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status, live official page, linked for readers; link checked 2026-10-30, no figure is taken from it
- USCIS, consular processing, https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing, live official page, linked for readers; link checked 2026-10-30, no figure is taken from it
- USCIS, visa availability and priority dates, https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates, accessed 31 October 2026
- DOL, FLAG: Permanent Labor Certification (PERM), https://flag.dol.gov/programs/perm, accessed 31 October 2026
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.