How To: Obtain a Green Card through an Employer

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In this video, Attorney Jacob J Sapochnick, Esq., explains the process of applying for a green card through an employment-sponsored petition.

Overview of Employment-Based Green Card Process

The U.S. employer must prove that hiring the foreign national will not adversely affect current labor available to U.S. workers—this requires the employer to undergo a labor certification process or PERM with the Department of Labor.

Labor certification requires the employer to go through the process of testing the labor market through a process of advertising.

Step 1: The Employer must apply for PERM or Labor Certification with the Department of Labor for the position offered. Once the Department of Labor issues the certification, the Employer may begin the advertising process for the position.

Step 2: Once the PERM Labor Certification has been approved, the Employer can file the I-140 petition with USCIS

Whether the employer will be able to file the I-140/I-485 concurrently will depend on what employment preference category applies to the immigrant worker based on their qualifications (EB-2 or EB-3)

Step 3:  When filing under the EB-2 Preference Category, the employer can file the I-140 and I-485 petitions concurrently. When filing under the EB-3 Preference Category, the employer cannot file the I-140 petition concurrently with the I-485.

Step 4: EB-3 category–the immigrant worker must wait for their I-140 priority date to become current per the Visa Bulletin to apply for adjustment of status or an immigrant visa (if residing abroad)

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