How Long Does It Take to Get a US Employment Green Card?

The process of obtaining a U.S. Employment Green Card is complex and time-consuming. This guide breaks down the various steps involved and the average timelines associated with each stage, so you can better understand what to expect.

Types of Employment-Based Green Cards

There are several categories under which you can apply for an employment-based Green Card:

• EB-1: Priority workers, including individuals with extraordinary abilities, outstanding professors, researchers, and certain multinational executives. (This category can sometimes be self-petitioned.)
• EB-2: Professionals holding advanced degrees or individuals with exceptional abilities in the sciences, arts, or business. (Certain EB-2 cases, like National Interest Waivers, can be self-petitioned.)
• EB-3: Skilled workers, professionals, and other workers. (Requires employer sponsorship.)
• EB-4: Special immigrants, including religious workers, certain broadcasters, and employees of international organizations. (Generally requires sponsorship by a qualifying organization.)
• EB-5: Immigrant investors who make significant investments in U.S. commercial enterprises. (This category is typically self-petitioned.)

The category under which you apply can significantly affect the processing time, as each has different requirements and backlogs. Additionally, whether the petition is employer-sponsored or self-petitioned also impacts the overall process.

Step 1: Labor Certification (PERM) Process

Timeframe: 8 to 14 Months

For most employer-sponsored employment-based Green Cards (especially EB-2 and EB-3 categories), the process begins with the PERM (Program Electronic Review Management) Labor Certification. This certification is required to prove that there are no qualified U.S. workers available for the job and that hiring a foreign worker won’t adversely affect U.S. workers’ wages.

Steps Involved:

• Prevailing Wage Determination (PWD): Before the job can be advertised, the employer must obtain a PWD from the Department of Labor (DOL) to determine the appropriate wage level for the position. This process typically takes about 4 to 6 months.
• Job Advertising: The employer must advertise the job in the U.S. and show that no suitable American workers are available.
• Filing PERM Application: Once recruitment is complete, the employer files the PERM application with the Department of Labor (DOL).

The entire PERM process, including the PWD, can take between 8 to 14 months, depending on the DOL’s caseload and whether any issues arise during the application.

Step 2: Filing the Immigrant Petition (Form I-140)

Timeframe: 6 to 12 Months

After the PERM certification is approved, the next step is filing the Immigrant Petition for Alien Worker (Form I-140) with U.S. Citizenship and Immigration Services (USCIS). This petition is filed by the employer to classify the foreign worker under the appropriate employment-based category.

Considerations:

• Processing Time: Standard processing can take between 6 to 12 months.
• Premium Processing: For an additional fee, USCIS offers premium processing, which guarantees a decision within 15 calendar days.

If the petition is self-petitioned (as in certain EB-1 or EB-2 National Interest Waiver cases), the individual can file the I-140 on their own behalf without requiring employer sponsorship.

Step 3: Priority Date and Visa Bulletin

Timeframe: Varies (Months to Years)

The priority date is the date when the PERM application was filed with the DOL (or the I-140 petition if no PERM is required). Once USCIS approves the I-140 petition, the applicant must wait for their priority date to become current, as per the Department of State’s Visa Bulletin.

Factors Influencing Wait Time:

• Country of Origin: Applicants from countries with high demand (e.g., India, China) often face longer waits due to country-specific visa caps.
• Category Demand: Some employment-based categories, like EB-1, may have shorter wait times compared to EB-3.

The wait for a current priority date can range from a few months to several years, depending on the applicant’s category and country of origin.

Step 4: Filing for Adjustment of Status or Consular Processing

Timeframe: 9 to 12 Months

Once the priority date becomes current, the applicant can either file for Adjustment of Status (Form I-485) if they are in the U.S. or go through Consular Processing at a U.S. embassy or consulate abroad.

Adjustment of Status (Form I-485):

• Processing Time: Typically takes 9 to 12 months.
• Work and Travel Authorization: Applicants can request Employment Authorization (EAD) and Advance Parole (travel document) during this stage.

Consular Processing:

• Processing Time: Generally similar to Adjustment of Status but involves an interview at a U.S. consulate or embassy.

Step 5: Green Card Approval

Timeframe: Immediate to a Few Months

Once the I-485 is approved (or after the consular interview), the applicant will receive their Green Card. The approval process can take anywhere from a few weeks to a few months after the final interview or submission of additional documents.

Factors That Can Delay the Process

• Backlogs and Priority Dates: Significant delays can occur due to backlogs in visa availability, especially for applicants from high-demand countries.
• Requests for Evidence (RFE): USCIS may issue RFEs during the I-140 or I-485 stages, which can add several months to the processing time.
• Security Checks: Background checks and security clearances can also delay the process, particularly during the I-485 or consular processing stages.

Summary of Processing Times

• Prevailing Wage Determination: 4 to 6 months
• PERM Certification: 8 to 14 months (including PWD)
• I-140 Petition: 6 to 12 months (15 days for premium processing)
• Priority Date Waiting: Varies (months to years)
• Adjustment of Status/I-485: 9 to 12 months

Conclusion

The overall timeline to obtain a U.S. Employment Green Card can range from 2 to 5 years or more, depending on various factors such as the employment-based category, country of origin, and processing delays. Additionally, whether the process is employer-sponsored or self-petitioned significantly affects the process and timelines. Applicants should prepare for a potentially lengthy process and consult with an immigration attorney to navigate the complexities involved.

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My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed the intricate process and timelines involved in obtaining a U.S. Employment Green Card, including the different employment-based categories like EB-1, EB-2, and EB-3, and the steps from PERM certification to Adjustment of Status. If you have any further questions about your specific Green Card category, managing priority dates, or navigating any part of the employment-based immigration process, feel free to schedule a free consultation by clicking this link.