It is possible for an employer to petition for you to get a green card (commonly called the PERM process). However, the process is more difficult than you might think. In this process, your employer will be the petitioner, and the employer also has to pay all of the application and legal fees.
ℹ️ The whole process can easily take over a year to complete. If you are here with a temporary visa, and your status lasts less than a year, you cannot count on this process to keep you in status. You would likely have to leave the country, and then return when the process is complete.
1️⃣ Department of Labor Steps
First, the employer must send the job details to the Department of Labor, and they will determine the prevailing wage that the employer must pay the employee. It is important to define the job carefully. Sometimes this wage is set at an amount higher than expected, and this may create problems for the employer.
Then, the employer has to go through several important steps to try and recruit qualified U.S. workers for the job. There are very specific requirements for all of these steps, including the timing of the recruitment, and the exact wording that must be used in the advertising.
If no qualified U.S. worker is found, the employer can move forward and file a report with the Department of Labor documenting all the recruitment efforts. Sometimes, the Department of Labor will audit you, which means that you must provide copies of all the advertising and other recruitment steps. At this step, the Department of Labor reviews for any technical defects, and could make you start all over if it finds any problems.
🕐 This process usually takes at least five or six months. If audited, that process usually adds at least six months of time to the process.
Once the Department of Labor certifies your recruitment, you can actually file an application with U.S. Citizenship and Immigration Services ("USCIS").
(For a very small number of people, it may be possible to skip these steps and petition directly. This is called a “National Interest Waiver” and only applies to people with advanced degrees, and individuals of exceptional ability, who are doing work of substantial merit and national importance.)
2️⃣ U.S. Citizenship and Immigration Services Steps
Once you are certified by the Department of Labor, you can finally file an application (Form I-140) to get your green card process started. This can take several months to approve, but premium processing is available for an additional government filing fee.
It is important to note that even after this is approved, there may be a waiting period before there are any visas available for you. This means you may not be able to actually enter the country right away. The length of the wait is determined by the Visa Bulletin, issued by the Department of State. (They make citizens of China, India, Mexico, and the Philippines wait longer than other countries.) You can look up where this category stands right now, and how far it has moved, on our Processing Times page.
3️⃣ Determine the Waiting Period, If Any
There are three main categories of workers, with different waiting times for each:
First Preference (EB-1)
This is only for:
- People with extraordinary ability in the sciences, arts, education, business, or athletics;
- Outstanding professors and researchers; or
- Certain multinational managers and executives.
🕐 This category usually has visas available right away, so upon approval you will not have a long wait before you can enter the country.
Second Preference (EB-2)
This is only for:
- Members of the professions holding advanced degrees (like a Master's Degree or Ph.D.)
- People who have exceptional ability.
🕐 This category usually, but not always, has visas available right away. However, there are long waits if you are from China or India. If you are in this category, you may or may not have a wait before you can enter the country.
Third Preference (EB-3)
This is for:
- Skilled workers or professionals.
- Any other workers, regardless of education.
🕐 This category often has a waiting time, but not always. There are long waits if you are from China or India. If you are a skilled worker or professional, the waiting period is less than if you fall into the "other workers" category. If you are in this category, you could have a long wait before you can enter the country.
⚠️ One thing to know before you file. Since August 2026, USCIS does not have to ask you for missing evidence before it decides. If your initial evidence is incomplete, or does not show that you qualify, an officer can deny the application outright — with no Request for Evidence and no chance to correct it. A denial is not a pause: you lose the filing fee, and depending on your situation you can lose your place in line or your status. Having the package checked before it is filed is worth considerably more than it used to be.