New York · est. 2013Saturday, September 5, 2026
Inside Immigration

Plain-language guides to US immigration, asylum and USCIS procedure.

Formularios · Employment

Employment-based green card

The permanent route for workers: an employer sponsors a foreign national for one of the employment preference categories, and the worker eventually gets a green card. Most EB-2 and EB-3 cases start at the Department of Labor with a prevailing wage determination and a PERM labour certification; EB-1 and national interest waiver cases skip that. The petition is Form I-140, and the green card comes through adjustment of status or a consular interview.

Tiempo habitual: PERM alone is running about eleven months at analyst review, then 1.2 to 3.7 months for the I-140, then the Visa Bulletin wait, then about six months for adjustment.Tarifas: Employer costs of $665 to $715 for the I-140 plus recruitment and legal fees, and optionally $2,965 for premium processing. The worker's side costs $1,390 to $1,440 for adjustment or $345 plus $235 for a consular visa.

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Para quién es. Employers sponsoring foreign workers, and workers self-petitioning in EB-1A extraordinary ability and EB-2 national interest waiver cases.

Los formularios, en orden

9 formularios
ETA-9141ETA-9089I-140I-907I-485I-765I-131DS-260I-485J
  1. 1

    Get a prevailing wage determination

    ETA-9141

    Quién
    The employer
    Cuándo
    The National Prevailing Wage Center was processing May 2026 requests as of the September 2026 update, roughly three to four months
    Tarifa
    $0 to the Department of Labor

    Not needed for EB-1 or national interest waiver cases.

  2. 2

    Run the required recruitment

    Quién
    The employer
    Cuándo
    Recruitment must fall inside the prevailing wage validity period and the regulatory windows
    Tarifa
    The employer's own advertising costs, which it must bear itself

    The employer may not pass PERM costs to the worker.

  3. 3

    File the PERM labour certification

    ETA-9089

    Quién
    The employer
    Cuándo
    336 calendar days at analyst review as of August 31, 2026; audited cases take longer
    Tarifa
    $0 to the Department of Labor

    USCIS only accepts the Final Determination page issued electronically by OFLC on certification.

  4. 4

    File Form I-140

    I-140ETA-9089I-907

    Quién
    The employer, or the worker in EB-1A and NIW cases
    Cuándo
    1.2 months with premium processing, 3.7 months without, in FY 2026
    Tarifa
    $715 paper or $665 online, plus $2,965 if you buy premium processing

    $0 for VAWA self-petitioners, Afghan and Iraqi special immigrants, and CAA and HRIFA abused spouses and children.

  5. 5

    Wait for the priority date to become current under the Visa Bulletin

    Quién
    The worker
    Cuándo
    Immediate for many countries; years or decades for EB-2 and EB-3 India and China
    Tarifa
    $0

    The priority date is the PERM filing date, or the I-140 filing date where no PERM is required.

  6. 6

    File for adjustment of status or consular process

    I-485I-765I-131DS-260I-485J

    Quién
    The worker and family
    Cuándo
    5.8 months national median for employment-based adjustment in FY 2026
    Tarifa
    $1,440 paper or $1,390 online for the I-485, or $345 per person for a consular immigrant visa

    Form I-485J confirms a continuing job offer or invokes AC21 portability after 180 days.

Dónde suele fallar

  • PERM processing has lengthened steadily and an audit adds many more months.
  • The employer must pay all PERM costs; shifting them to the worker is a violation.
  • Priority date retrogression for EB-2 and EB-3 India and China means a green card can be a decade or more away.
  • Changing employers before the I-140 has been approved 180 days forfeits portability.
  • A revoked I-140 within 180 days of approval can take the priority date with it.

Qué cambió en 2025 y 2026

  • The $100,000 H-1B payment requirement under the September 2025 proclamation was vacated on June 8, 2026 and the First Circuit denied a stay on July 24, 2026; DHS is not collecting it but says it will if the order is lifted.
  • The Asylum Program Fee of $600 (or $300 for small employers, $0 for nonprofits) continues to apply to I-129 and I-140 filings.
  • Form I-140G and the Gold Card programme, created by Executive Order 14351 in September 2025, sit outside this route at $15,000 a person.

Trámites relacionados

Fuentes: uscis.gov · flag.dol.gov · dol.gov · flag.dol.gov · uscis.gov · egov.uscis.gov · uscis.gov