Employment-based green card

This page is for those who want to obtain permanent residence with the support of a U.S. employer or through their own achievements. It explains the EB-1, EB-2, and EB-3 categories, labor certification (PERM), the Form I-140 petition, fees, processing times, and filing addresses. For temporary work visas, see 2.4 Work visas.

1. Labor certification (PERM): In most categories, the employer first obtains certification from the U.S. Department of Labor (DOL). Through this, the DOL confirms that no qualified, willing, and available U.S. worker can be found for the job and that the foreign worker will not adversely affect the wages of U.S. workers.
2. Immigrant petition (Form I-140): The employer files Form I-140 with USCIS; in categories that permit self-petitioning, the individual files it personally.
3. Green card application: When your priority date becomes current in the Visa Bulletin, you file Form I-485 if you are in the United States. If you are in Türkiye, you attend an immigrant visa interview in Ankara through the NVC. See 3.8 Application pathway.
4. Annual allocation for employment categories: 28.6% each for EB-1, EB-2, and EB-3; 7.1% each for EB-4 and EB-5. The EB-3 “other workers” subgroup is limited to a maximum of 10,000 visas per year.

• Extraordinary ability: Sustained national or international acclaim in science, the arts, education, business, or athletics.
  • You must meet at least 3 of 10 criteria or have received a major international award, such as a Pulitzer Prize, Oscar, or Olympic medal.
  • Some criteria include national or international awards, membership in associations requiring outstanding achievement, published material about you, judging the work of others, original contributions of major significance in the field, scholarly publications, and a high salary compared with others in the field.
  • You must also show that you will continue working in your field.
  • No job offer or labor certification is required; you may self-petition.
• Outstanding professor or researcher:
  • international recognition in the academic field and at least 3 years of teaching or research experience
  • at least 2 of 6 criteria
  • a job offer from a university or research institution for a tenured or tenure-track teaching position or a comparable research position
  • A private employer must employ at least 3 full-time researchers. Labor certification is not required.
• Multinational executive or manager:
  • at least 1 year of employment abroad as a manager or executive during the 3 years preceding the petition
  • The U.S. employer must have been doing business for at least 1 year and have a qualifying relationship with the foreign company. Labor certification is not required.
• Your spouse and unmarried children under 21 may apply with you.

• Member of a profession holding an advanced degree: a graduate degree, such as a master’s or doctorate, or a bachelor’s degree followed by at least 5 years of progressive experience in the field.
  • The experience must have been acquired after the bachelor’s degree and must be related to the field.
  • The offered job must be a profession requiring at least a bachelor’s degree.
• Exceptional ability: expertise significantly above that ordinarily encountered in the sciences, arts, or business. At least 3 of 6 criteria are required. Examples include a field-related degree, at least 10 years of full-time experience, a professional license, a high salary, membership in professional associations, and recognition of achievements in the field.
• National Interest Waiver (NIW):
  • The job-offer and labor-certification requirements are waived; the individual may self-petition.
  • A completed ETA-9089 Appendix A and signed ETA-9089 Final Determination page are attached to the petition.
  • USCIS considers three factors:
    • the proposed endeavor has substantial merit and national importance
    • you are well positioned to advance the endeavor
    • on balance, it would be beneficial to the United States to waive the job-offer requirement
  • USCIS examples: teaching in a classroom, the general importance of a profession, or a shortage of workers in the country is not sufficient by itself to establish national importance. A benefit provided to one employer is also insufficient by itself.
  • A doctorate in a STEM field related to a critical and emerging technology is a factor USCIS considers especially favorable.
• Your spouse and unmarried children under 21 may apply with you.

• Skilled worker: jobs requiring at least 2 years of training or experience and that are not temporary or seasonal. Relevant post-secondary education may count as training.
• Professional: jobs requiring at least a U.S. bachelor’s degree or a foreign equivalent. Education and experience cannot substitute for the bachelor’s degree.
• Other workers: jobs requiring less than 2 years of training or experience.
• All three categories require labor certification and a permanent, full-time job offer.
• Schedule A occupations: Nurses and physical therapists (Group I) do not require labor certification. Instead, an uncertified ETA-9089 form and a valid prevailing wage determination number are attached to the petition.
• Commercial vehicle drivers: For jobs involving commercial vehicles, the employer must include an English-language proficiency requirement in the labor certification. USCIS requires evidence that the worker meets this requirement.

1. The employer must have a U.S. employer tax identification number (FEIN) and a place of business in the United States.
2. The employer determines the actual minimum requirements and duties of the permanent, full-time job.
3. The employer requests a prevailing wage determination from the National Prevailing Wage Center (NPWC). Form ETA-9141 is used for this purpose. A PERM application cannot be filed before the determination is issued.
4. The employer conducts the recruitment advertisements required by the regulations and posts a notice of the application at the workplace.
5. The employer logs into the DOL’s FLAG system with a Login.gov account and files Form ETA-9089 online. Filing by mail is also possible.
6. An approved certification is valid for 180 days. If Form I-140 is not filed within this period, USCIS will deny the petition.
7. DOL processing times (FLAG):
   • As of October 5, 2026, PERM applications filed in December 2025 were being reviewed.
   • PERM cases decided in August 2026 took an average of 336 days.
   • As of September 30, 2026, prevailing wage determination requests filed in June 2026 were being processed.
8. The employer handles this stage. As the employee, you prepare your documents, such as diplomas and experience letters.

• The employer files the petition. Individuals may self-file extraordinary ability (EB-1) and national interest waiver (EB-2 NIW) petitions.
• In employer-sponsored categories, such as EB-1 professors and researchers or multinational executives, the employer demonstrates through annual reports, federal tax returns, or audited financial statements that it can pay the offered wage from the priority date onward.
• The petition may be filed online or by mail. If premium processing (Form I-907) is requested with Form I-140, the application must be filed by mail.
• The form will be rejected if the following fields are left blank: petitioner’s name or company name, mailing address, employer tax number (except for self-petitioners), questions 5 and 6, petition type, employee’s date of birth, and signature.
• USCIS does not accept a typed name, stamp, automated signature, or a signature made by another person.
• If I-140 and I-485 are filed together, the supporting documents for each form must be prepared in a separate package.

• Form I-140: $715 (paper) or $665 (online).
• Asylum program fee (in addition to I-140): regular employer $600; small employer and self-petitioner $300; nonprofit organization $0.
• Premium processing (Form I-907): $2,965. USCIS processes most I-140 classifications within 15 business days, and multinational executive (E13) and national interest waiver (NIW) petitions within 45 business days. If additional evidence is requested, the period starts over.
• Form I-485 (from within the United States): $1,440 (paper) or $1,390 (online).
• Immigrant visa application fee (from Türkiye, Department of State): $345 per person.
• USCIS immigrant fee: $235 (for people entering with a visa, for the card).
• The amounts are based on the 07/10/2026 version of the USCIS Fee Schedule G-1055.

• USCIS Dallas Lockbox — I-140 only; petitions for jobs located, for example, in California, Texas, Florida, Georgia, Virginia, North Carolina, or Maryland
  • Mail (USPS): USCIS, Attn: I-140, P.O. Box 660128, Dallas, TX 75266-0128
  • Courier: USCIS, Attn: I-140 (Box 660128), 2501 S. State Hwy. 121 Business, Suite 400, Lewisville, TX 75067-8003
• USCIS Chicago Lockbox — I-140 only; petitions for jobs located, for example, in New York, New Jersey, Illinois, Massachusetts, Pennsylvania, Michigan, or Ohio
  • Mail (USPS): USCIS, Attn: I-140, P.O. Box 88774, Chicago, IL 60680-1774
  • Courier: USCIS, Attn: I-140 (Box 88774), 131 S. Dearborn St., 3rd Floor, Chicago, IL 60603-5517
• I-140 and I-485 filed together (all states):
  • Mail (USPS): USCIS, Attn: NFB, P.O. Box 660867, Dallas, TX 75266-0867
  • Courier: USCIS, Attn: NFB (Box 660867), 2501 S. State Highway 121 Business, Suite 400, Lewisville, TX 75067-8003
• The addresses for cases requesting premium processing are different; see USCIS’s I-140 address page.
• DOL FLAG support — online contact form for PERM and prevailing wage questions: flag.dol.gov/contact
• USCIS Contact Center: +1 800 375 5283 (TTY +1 800 767 1833), from outside the United States +1 212 620 3418. Live assistance is available Monday–Friday, 08:00–20:00 (U.S. Eastern Time).
• Applicants from Türkiye: after approval, contact the NVC (inquiry form) and the U.S. Embassy in Ankara (Çukurambar Mahallesi, 1480 Sokak No: 1, 06530 Çankaya / Ankara; +90 312 294 00 00).

• Failing to file I-140 within 180 days after PERM approval.
• Failing to include ETA-9089 Appendix A and the Final Determination page with an NIW petition.
• Explaining national importance solely based on the general importance of the profession or a worker shortage.
• Using post-bachelor’s experience for EB-2 that was gained before the bachelor’s degree or is unrelated to the field.
• Counting experience instead of a bachelor’s degree in the EB-3 professional category.
• Trying to file I-140 and I-907 together online; if filed together, they must be mailed.
• Combining the I-140 and I-485 fees into one payment or mixing their supporting documents.
• Filing I-485 from within the United States before your date becomes current in the Visa Bulletin.

• Can I get a green card without my employer? You may self-petition in the EB-1 extraordinary ability and EB-2 national interest waiver categories. An employer is required in the other categories.
• Who pays the PERM costs? The employer files the PERM application. Consult an immigration attorney about your individual circumstances regarding costs.
• Does premium processing also speed up the green card? No. I-907 only speeds up the I-140 decision. You must wait for your turn in the Visa Bulletin for the green card.
• Will my spouse and children also get green cards? Yes. Your spouse and unmarried children under 21 may apply with you or later. For the risk of a child turning 21, see 3.3 How to read the Visa Bulletin.
• I was born in Türkiye; how long will I wait for EB-2? In the October 2026 bulletin, the EB-2 Final Action Date in the column that includes Türkiye is January 1, 2025. Cases with priority dates before this date are processed.
• I am a doctor; is there a special pathway? There is a separate national interest waiver pathway for physicians who agree to provide full-time clinical services in an underserved area for a specified period. See USCIS’s eligibility page for the requirements.

• Form I-140 (PDF)
• Form I-140 instructions (PDF)
• Form I-907, premium processing (PDF)
• Form I-907 instructions (PDF)
• Form I-485 (PDF)
• USCIS Fee Schedule G-1055 (PDF)
• USCIS fee calculator
• I-140 mailing addresses
• DOL FLAG system (PERM and prevailing wage applications)
• DOL processing times
• USCIS processing times
• Case status inquiry
• Visa Bulletin
• USCIS – Green card eligibility categories