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Employment-Based Green Cards

The green card process, step by step

How an employment-based green card moves from the first petition to permanent residence, and on to citizenship. Each step links to a detailed guide.

Updated

The Process

Five stages of an employment-based green card

  1. File the immigrant petition

    Most employer-sponsored EB-2 and EB-3 cases start with PERM labor certification from the Department of Labor, followed by Form I-140. EB-1A and National Interest Waiver cases file the I-140 without PERM.

  2. Wait for your priority date

    Your priority date is your place in line: the PERM filing date for labor-certification cases, or the I-140 filing date for EB-1 and NIW cases. Your line is set by your country of birth, with limited exceptions, and the monthly Visa Bulletin shows when your date is current.

  3. Adjust status or process abroad

    Adjustment of status completes the green card inside the United States on Form I-485, which can be filed only when a visa is immediately available. Consular processing completes it through a U.S. embassy or consulate abroad. The medical exam, Form I-693, must be filed with the I-485, and EB-1, EB-2, and EB-3 applicants are subject to public charge.

  4. While your case is pending

    After an I-485 has been pending 180 days, AC21 portability can let the case move to a new job in the same or a similar occupational classification. A pending I-485 can also be transferred to a different petition, but approval is discretionary. A child's age is calculated under the Child Status Protection Act, which sets a one-year deadline to act. Leaving without advance parole generally abandons a pending I-485, with an exception for H-1 and L-1 workers returning to the same employer.

  5. After you get your green card

    A green card generally works as an entry document after an absence of less than one year, and a reentry permit protects against abandonment based solely on the length of an absence. Most green card holders can apply for citizenship after five years (three if married to a U.S. citizen), and up to 90 days early.

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