H-1B to Green Card: PERM, I-140 and I-485 Steps
Most H-1B workers get a green card in three steps: PERM labor certification, an I-140 petition, then an I-485 or consular visa. Your employer runs the first two steps. You file the last one, once a visa number is available for you.
Every job is from an employer that filed H1Bs in 2025. See which ones fit your resume.
Step 1: PERM labor certification
PERM is the Labor Department's permanent labor certification program. The employer files it, not the worker.
The department must certify two things. Qualified US workers are not sufficiently available, and hiring you will not hurt US workers' wages or conditions.
The Labor Department's FLAG site lists the employer's steps.
- Define a permanent, full-time job with real minimum requirements and duties.
- Get a prevailing wage determination from the National Prevailing Wage Center before filing.
- Complete the required recruitment and post a notice of filing.
- File Form ETA-9089, usually online through the FLAG system.
Why the PERM filing date matters
The date the Labor Department receives the PERM application becomes your priority date. That date sets your place in the green card line.
A certified PERM is valid for 180 days. The employer must file the I-140 with USCIS within that window, or the certification expires.
| Employer | H-1B filings | Transfers | Median pay |
|---|---|---|---|
| Amazon.Com Services LLC | 14,047 | 2,382 | $155k |
| Cognizant Technology Solutions US CorpGC frozen | 10,209 | 872 | $110k |
| Ernst & Young U.S. LLP | 9,808 | 269 | $143k |
| Google LLC | 7,899 | 844 | $186k |
| Microsoft CorporationGC frozen | 7,840 | 879 | $173k |
| Tata Consultancy Services LimitedGC frozen | 7,287 | 353 | $86k |
Step 2: Form I-140
The I-140 is the immigrant petition. The employer files it with USCIS, along with the certified PERM.
USCIS places the worker in a preference category. Most H-1B cases fall in EB-2 or EB-3.
- EB-1: people with extraordinary ability, outstanding professors and researchers, and certain multinational managers.
- EB-2: professionals with advanced degrees or exceptional ability, including national interest waiver requests.
- EB-3: skilled workers, professionals and other workers.
EB-2 or EB-3: which one applies?
Your category depends on the job's minimum requirements, not only on your own degree.
EB-2 fits jobs that require a master's degree or higher, or a bachelor's plus five years of progressive experience. It also covers people with exceptional ability.
EB-3 fits jobs that require a bachelor's degree, or at least two years of training or experience.
For people born in India, EB-3 has sometimes moved faster than EB-2. In the October 2026 Visa Bulletin, India's EB-3 final action date was January 1, 2014, slightly ahead of EB-2 at November 1, 2013. Our priority date guide explains how some workers switch categories and keep their date.
Step 3: Form I-485 or consular processing
The I-485 is the application to adjust status to permanent resident while you are in the US. Workers abroad go through consular processing instead.
USCIS says a visa must be immediately available when you file the I-485 and when it is decided. You check this in the State Department's Visa Bulletin.
If a visa is available, you can file the I-485 with the I-140, while it is pending, or after it is approved.
Most job-offer cases also include Form I-485 Supplement J. It confirms the job offer still stands, or requests a move to a new job.
How long it takes in 2026
There is no fixed timeline. Each step has its own queue. Here is where they stood in October 2026.
- Prevailing wage: on September 30, 2026, DOL was issuing PERM wage determinations for requests received in June 2026.
- Recruitment: ads and required waiting periods usually add at least two months before filing.
- PERM review: on October 5, 2026, DOL was deciding standard cases filed in December 2025. Cases decided in August 2026 took 336 days on average. Audited cases can take longer.
- I-140: with premium processing, USCIS acts on most EB-2 and EB-3 petitions within 15 business days. There is an extra fee.
- I-485 or visa: this depends on your Visa Bulletin date. For people born in India or China, it can be many years.
Is it getting faster?
PERM is somewhat faster than early in the year. In March 2026, DOL was reviewing cases filed in October 2024. By October 2026, it had reached cases filed in December 2025.
There is no premium processing or expedite for PERM. And the visa line for India and China did not shorten in October 2026.
A DOL proposal from March 2026 would raise prevailing wages for PERM jobs. As of October 2026, it was not final. See our H-1B salary and wage levels guide.
Waiting in line
Each country of birth has its own visa limit. People born in oversubscribed countries, like India, often wait years after the I-140.
A visa is available when your priority date is earlier than the cut-off for your category and country. Our priority date guide explains how to read the bulletin.
During the wait, an approved I-140 can help you extend H-1B past six years. It can also make your spouse eligible for an H-4 EAD.
Changing jobs along the way
You are not locked in forever. Two 180-day points matter most.
Once your I-140 has been approved for 180 days, an employer withdrawal does not automatically revoke it. You can usually keep its priority date for a new employer's petition.
Once your I-485 has been pending for 180 days, you may move to a same or similar job. You file Supplement J instead of starting over.
Before either point, a job change usually means a new PERM and I-140. Our /h1b/h1b-transfer guide covers moving your H-1B itself.
Moving to an employer that will sponsor your green card
You can move your H-1B to a new employer and ask it to sponsor your green card. The H-1B transfer and the green card are separate filings.
Ask before you accept. Does the employer file PERM? How soon after you join? In EB-2 or EB-3? Many employers wait until you have worked there for a set time.
An earlier I-140 that stays approved can keep your priority date for the new case. See I-140 portability under AC21.
For EB-2 or EB-3 roles, look for employers with recent certified PERM cases in your occupation. Every job on ProfilePush shows the employer's PERM record, so you can find sponsors hiring now that also file green cards.
Paths that skip PERM
Some categories do not need a labor certification. For those, the priority date is the date USCIS receives the complete I-140.
Law firm Ellis lists EB-2 NIW and EB-1A as self-filed options that skip PERM. Both require strong evidence.
Check your employer first
As of October 2026, the Labor Department froze PERM filings for eight employers, including Microsoft, Infosys and TCS. Their workers cannot start new PERM cases for now.
Before you accept an offer, check /h1b-sponsors to see whether the employer's green card filings are frozen. Then search /h1b-jobs for roles at employers still filing.
This article is general information, not legal advice. Confirm your situation with an immigration attorney before you act.
Questions
Who pays for and files PERM?
The employer files PERM and the I-140. The Labor Department says the employer, not the employee, files the application.
What is my priority date?
For PERM cases it is the date the Labor Department received the PERM application. For cases without PERM, it is the date USCIS receives the complete I-140.
How long is a PERM certification valid?
180 days. The I-140 must reach USCIS within that window.
Can I file the I-485 with my I-140?
Yes, if a visa is immediately available for your category and country. USCIS allows filing together, while the I-140 is pending, or after approval.
How long does PERM take in 2026?
As of October 5, 2026, DOL was deciding standard PERM cases filed in December 2025, and cases decided in August 2026 averaged 336 days. The prevailing wage and recruitment steps add several more months before filing.
What is the PERM 365-day rule?
It is an H-1B extension rule. If your PERM or I-140 was filed at least 365 days before your extension would start, you can extend H-1B past six years in up to one-year steps.
Does USCIS check my employment history for an employment-based green card?
Yes. The I-140 needs letters from past employers proving the experience the PERM job requires, and experience gained with the sponsoring employer usually counts only if that job was substantially different. At the I-485 stage, USCIS reviews your status history, though section 245(k) can forgive up to 180 days of status violations for EB-1, EB-2 and EB-3 applicants.
What is the difference between EB-2 and EB-3?
EB-2 is for jobs that require an advanced degree or a bachelor's plus five years of progressive experience. EB-3 is for jobs that require a bachelor's degree or at least two years of experience.
Can I transfer my H-1B to an employer that will sponsor my green card?
Yes. The new employer files its own PERM and I-140, and a priority date from an earlier approved I-140 can usually carry over.
Where can I find EB-3 sponsorship jobs?
Look for employers with recent certified PERM cases in your occupation, since most EB-3 cases start with PERM. ProfilePush shows each employer's PERM record next to its jobs.
Sources
- U.S. Department of Labor: Permanent Labor Certification
- DOL FLAG: PERM program filing steps
- USCIS: Green Card for Employment-Based Immigrants
- USCIS: Visa Availability and Priority Dates
- 8 CFR 204.5 (priority date and retention), Cornell LII
- Ellis: PERM suspension for Microsoft, Adobe and IT firms
- Reuters via Hawaii Tribune-Herald: Trump administration freezes green cards for Microsoft, IT firms (Oct 9, 2026)
- DOL FLAG: PERM and prevailing wage processing times (as of Oct. 5, 2026)
- EIG Law: DOL releases March 2026 PERM and prevailing wage processing times
- USCIS: How do I request premium processing?
- 20 CFR 656.17 (PERM filing and experience rules), Cornell LII
- 8 U.S.C. 1255 (adjustment of status, including 245(k)), Cornell LII
- Samper Law: October 2026 Visa Bulletin (final action and filing dates)
