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The usual employer-sponsored green card process has several distinct stages: the employer obtains PERM labor certification when the employment category requires it, files Form I-140 with U.S. Citizenship and Immigration Services (USCIS), and the worker completes the final stage through adjustment of status in the United States or immigrant-visa processing abroad. The order and requirements are not universal: some employment-based categories do not require PERM, and some petitions may be filed by the worker. A priority date determines a place in a visa queue; it is not a green card approval or a reliable promise of how long a case will take.
How the employment-based green card process fits together
Employment-based permanent residence is not a single application. It is a sequence of legal steps involving the U.S. Department of Labor (DOL), USCIS and, for applicants completing the process abroad, the U.S. Department of State (DOS). Each step answers a different question:
- Labor certification, when required: Has the employer followed the required labor-market process for a permanent job opportunity?
- Form I-140: Does the worker and offered job qualify for the employment-based immigrant category requested?
- Visa availability: Is an immigrant visa number available for the worker’s category, priority date and chargeability area, under the rules that apply to the next step?
- Final application: Can the eligible applicant complete the process inside the United States through adjustment of status, or must or may they use immigrant-visa processing abroad?
These stages are related but not interchangeable. PERM is not a green card petition, and an approved I-140 is not itself permanent residence. A worker still has to meet the requirements for the final stage and have a visa available when required.
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Step 1: Find out whether the category requires PERM
U.S. employment-based immigration has five preference categories. The familiar PERM-to-I-140 route applies to cases in which labor certification is required; it is not the opening step for every employment-based green card. Depending on the category, a prospective employer may file the petition, or in some cases the noncitizen may petition on their own behalf. The category determines which rules and petitioner apply, so identify it before assuming that an employer must begin a PERM case.
USCIS’s employment-based green card overview describes the categories and the possible petitioners. The DOL’s Permanent Labor Certification guidance explains the PERM portion of the process. These official instructions are the appropriate place to check the requirements for a particular category and case.
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Step 2: The employer completes PERM, if needed
PERM is DOL’s permanent labor certification process. Its purpose is to establish that there are not sufficient U.S. workers who are able, willing, qualified and available for the offered opportunity, and that employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. It is a labor-market certification tied to a job opportunity—not the immigrant petition and not an application the worker files to become a permanent resident.
DOL describes the process as the employer’s responsibility: “The filing of applications is the responsibility of the employer, not the employee.” The worker may need to provide information or documents to the employer, but the employer is the party responsible for filing the PERM application.
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- Identify a permanent, full-time job opportunity. The employer defines the offered position and the work it involves.
- Set the actual minimum requirements and duties. The employer identifies the requirements for the role and its duties as part of preparing the case.
- Obtain a valid prevailing wage determination. DOL’s process includes determining the prevailing wage for the opportunity.
- File the PERM application with DOL. The employer submits the labor-certification application after completing the required preparation.
The official DOL overview sets out this general sequence. The specific recruitment and filing requirements applicable to an employer’s case should be checked against current DOL instructions; a general process summary is not a substitute for those case-specific requirements.
What PERM approval means—and does not mean
An approved PERM certification means DOL has certified the labor-market application. It does not grant the worker an immigrant visa, permanent residence or permission to work. The employer generally uses the approved certification as part of the next step, the Form I-140 petition.
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DOL states that a certified PERM application expires if it is not submitted in support of Form I-140 within 180 days. That deadline makes timely coordination between the employer and the petition filing important. The 180-day period concerns the validity of the certification for this purpose; it is not a 180-day estimate for the entire green card process.
Step 3: The employer files Form I-140
After DOL approves PERM where it is required, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS and submits the certification within its validity period. The I-140 asks USCIS to classify the offered job and worker under the requested employment-based category. USCIS reviews the petition under the requirements for that category.
| Stage | Who generally files | What it addresses | What it does not grant |
|---|---|---|---|
| PERM labor certification, when required | Employer, with DOL | The labor-market certification for a permanent job opportunity | An immigrant visa or permanent residence |
| Form I-140 | Usually the employer in the PERM-based route; the petitioner varies by category | Whether the worker and job qualify for the requested immigrant category | Permanent residence by itself |
| Form I-485 adjustment of status, if eligible | The applicant, with USCIS | The final application to become a permanent resident from within the United States | Approval when visa availability or other eligibility requirements are not met |
| Immigrant-visa processing abroad | The applicant follows the DOS process | Visa issuance through a U.S. consular process, followed by admission | Admission as a permanent resident before the visa is issued and used |
The table describes the usual roles at a high level. The category, applicant’s circumstances and current agency instructions control the actual filing requirements.
Priority dates and the Visa Bulletin: understanding the queue
A priority date is a marker used to determine a person’s place in the employment-based visa queue. When labor certification is required, DOL says the priority date is the date DOL received the labor-certification application. Where PERM is not required, the date depends on the petition and applicable rules; USCIS explains that the way it is established varies with whether labor certification applies.
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Congressional limits mean employment-based immigrant visas are limited. A priority date alone does not say when a visa will become available, and it is not an approval. To assess availability, applicants use the DOS Visa Bulletin for the relevant month, matching the preference category, priority date and chargeability area. Chargeability is generally based on the applicant’s country of birth, subject to rules that can apply in particular circumstances; check the official instructions if the relevant area is not obvious.
Final Action Dates versus Dates for Filing
The monthly bulletin has two employment-based charts with different functions. Final Action Dates are used to determine when a visa may be issued or an adjustment application may be approved, subject to all other eligibility requirements. Dates for Filing can provide an earlier opportunity to submit an application, but adjustment applicants may use that chart only when USCIS designates it for that month. An earlier filing date is not an earlier visa approval date.
DOS instructs applicants adjusting status to check USCIS’s monthly guidance to see which chart applies. That means an applicant should not choose a chart based only on the DOS bulletin or reuse an instruction from a prior month. A category marked “C” means, in the bulletin’s words, “The ‘C’ listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date.” The applicable chart and other legal requirements still matter.
Illustration: October 2026 filing dates
The October 2026 DOS bulletin lists these Dates for Filing examples. They are month-specific reference points, not durable cutoffs or a prediction of when an individual case will be approved:
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| Preference category | All chargeability areas except those listed | China-mainland born | India | Philippines |
|---|---|---|---|---|
| EB-2 | 15 March 2026 | 1 January 2023 | 15 January 2015 | Included in the general date unless separately listed by the bulletin |
| EB-3 | 1 August 2024 | 1 April 2024 | 15 January 2015 | 1 January 2024 |
Before using these dates for an adjustment application, confirm which chart USCIS allows for October 2026 and whether the date for the applicant’s category and chargeability area is current under that chart. The chart designation should be checked on USCIS’s live monthly page; a date listed in Dates for Filing does not by itself authorize an I-485 filing.
Can you file Form I-485 while Form I-140 is pending?
The I-140 and I-485 are separate forms for separate decisions. Whether an applicant may submit Form I-485 before USCIS has decided the I-140 depends on the applicable employment category, visa availability, USCIS’s chart designation and the applicant’s eligibility. The existence of a pending I-140 alone does not establish that an I-485 can be filed; nor should an applicant assume that every case must wait for I-140 approval before any adjustment filing is possible. Check current USCIS instructions for the category and month, and have the petitioner or qualified immigration counsel confirm the filing sequence for the specific case.
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Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Step 4: Choose the final route—adjustment or consular processing
After the petition stage, the final process depends in part on where the applicant is and whether they qualify for the route they intend to use. An eligible applicant physically present in the United States may apply for adjustment of status on Form I-485 when a visa is available and USCIS’s filing rules allow it. An applicant completing the process abroad follows DOS immigrant-visa procedures through a U.S. consulate. Neither route should be treated as available to every applicant.
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| Question | Adjustment of status | Consular processing |
|---|---|---|
| Where is the applicant? | Physically in the United States and independently eligible to adjust | Completes the immigrant-visa process abroad |
| Which agency handles the final application? | USCIS | DOS and a U.S. consulate |
| What filing or outcome is involved? | Form I-485; USCIS approval makes the applicant a lawful permanent resident | Immigrant-visa processing and issuance; the applicant becomes a permanent resident upon admission using the visa |
| What availability rules matter? | A visa must be available and USCIS’s permitted filing chart and eligibility rules must be met | A visa must be available and DOS’s applicable immigrant-visa requirements must be met |
If applying inside the United States
For adjustment, USCIS’s process may include biometrics, health information, supporting evidence and an interview. The applicant must follow the instructions for Form I-485 and any related forms or evidence that apply to the case. A priority date that permits filing under the chart USCIS has designated does not waive other eligibility requirements.
If applying through a U.S. consulate
Consular processing is not an I-485 filing. The applicant follows the Department of State’s immigrant-visa process and, if the visa is issued, uses it to seek admission to the United States. DOS and consular instructions govern the documents and steps for this route. The precise requirements can depend on the applicant’s circumstances, so use the instructions for the relevant case rather than assuming the two routes use identical forms or procedures.
Processing times: why there is no dependable end-to-end estimate here
There is no single processing-time figure that describes every employment-based green card case. The steps involve different agencies, category rules, visa availability and individual circumstances. A DOL processing-time page is a snapshot of work in a particular queue, not a forecast for an individual PERM application or the full path to permanent residence.
As of October 5, 2026, DOL’s PERM Processing Times page listed analyst-review applications filed in December 2025 and audit-review applications filed in December 2025. Those are filing months shown in a dated queue snapshot. They do not establish how long a newly filed case will take, how long USCIS will take on an I-140, when a visa number will be available, or the total time through adjustment or consular processing. Check DOL’s current processing page for a current queue snapshot and treat it only as information about the agency’s reported work stage.
Quick Recap
Practical checks before an employer or worker acts
- Confirm the category and petitioner. Determine whether PERM is required and who may file the petition before starting with the wrong process.
- Keep employer and applicant responsibilities distinct. The employer handles the PERM filing when it applies; the worker may still need to supply information and later file an individual adjustment application if eligible.
- Track the PERM certification deadline. DOL says the approved certification must be submitted with the I-140 within 180 days.
- Match all three Visa Bulletin variables. Use the correct preference category, priority date and chargeability area for the relevant month.
- Check USCIS’s chart designation every month before filing I-485. Do not assume Dates for Filing may be used simply because the applicant’s priority date is earlier than the date on that chart.
- Use the right final route. Confirm eligibility for adjustment in the United States or follow consular-processing instructions abroad; the forms and steps differ.
- Use current official instructions for filings. DOL, USCIS and DOS procedures and monthly visa dates can change. A general explainer cannot determine an individual’s eligibility or replace case-specific legal advice.
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