How does the Employment-Based immigration process work, and what are the steps an applicant must take from PERM Labor Certification to obtaining a green card?

Employment-Based immigration typically begins with the employer filing a PERM Labor Certification with the Department of Labor to demonstrate that no qualified U.S. workers are available for the position. Once approved, the employer files an I-140 Immigrant Petition for Alien Worker with USCIS. After the petition is approved, the applicant must wait for their priority date to become current based on the Visa Bulletin before filing Form I-485 to adjust status or completing consular processing abroad to obtain a green card.

Applicants must maintain legal status in the United States throughout the process and provide accurate documentation, including educational credentials, employment verification, and evidence of the job offer. Timing is critical, as priority dates for employment-based categories can take years depending on the applicant’s country of birth and preference category. Legal counsel can help navigate the PERM, I-140, and I-485 stages, address potential issues such as RFEs or background checks, and ensure compliance with all procedural requirements to maximize the chance of a successful green card application