Nov 2026 bulletinEB-2 · India 01 Nov 2013 · China 01 Oct 2021 · Rest of world 01 Apr 2025PERM~10.0 months

Green Card / The process

Steps 1 and 2: prevailing wage and PERM

Most employment green cards start with the employer proving to the Department of Labor that no qualified US worker is available. This is how that works and how long it takes.

Last verified 2026-09-26 Reviewed September 30, 2026 General guidance, not legal advice. Always check with a qualified attorney

For EB-2 and EB-3 green cards, your employer must first get a labor certification (PERM) from the Department of Labor (DOL). It shows that hiring you won’t hurt US workers.

Step 1: prevailing wage determination

The employer asks DOL (Form ETA-9141) what the prevailing wage is for the job and location. The green card job must pay at least that. This alone can take months. The wage level (I to IV) also matters for the H-1B lottery.

Step 2: recruitment

The employer runs a test of the US labor market: job ads in specific places (a state job order, two Sunday newspaper ads, and additional recruitment steps for professional jobs), then a waiting period. If a qualified, willing US worker applies, the case usually can’t go forward.

Step 3: filing PERM

After recruitment, the employer files Form ETA-9089 with DOL. The filing date is your future priority date. DOL may approve, deny, or audit the case (ask for recruitment records), which adds time.

Current processing times are published on DOL’s FLAG site; our trackers will show them.

What you can do

  • Keep your resume and experience letters from past employers ready; the job requirements must match what you actually had when hired.
  • Ask your employer’s attorney what the “minimum requirements” of the role will be and whether you qualified before joining.
  • Don’t change roles significantly during PERM without checking with the attorney.

Next step: the I-140 and your priority date.

The good

  • Your PERM filing date becomes your priority date once the I-140 is approved
  • There's no government fee for PERM
  • Processing times are published and tracked by the Department of Labor

The hard

  • The employer runs the process; you can't file PERM yourself
  • It commonly takes well over a year from start to certification
  • A layoff at the company can pause or kill a PERM case

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Sources

  1. Department of Labor: Permanent Labor Certification
  2. DOL FLAG: Processing Times
  3. eCFR: 20 CFR Part 656 (labor certification)

Rules change often. If something here looks out of date, it probably is; check the official source and talk to an immigration attorney about your own case.