· Business Immigration Law · 2 min read
How to Sponsor an Employee for a Green Card
The employer's process for sponsoring a worker's green card, from PERM labor certification through the I-140 to adjustment of status.
Sponsoring an employee for a green card is a multi-step commitment that usually starts with testing the labor market and ends with the employee becoming a permanent resident. For most professional roles, the path runs through PERM, the I-140, and finally adjustment of status. Here’s the employer’s view of each step.
Step 1: PERM labor certification
For EB-2 and EB-3 cases, you start with PERM: get a prevailing wage determination, run the required recruitment, and file the ETA-9089 to certify that no qualified U.S. worker is available. The employer pays these costs. Certain categories (EB-1, NIW) skip this step.
Step 2: File the I-140
Once PERM is certified, you file the I-140 immigrant petition for the employee, showing the role qualifies and that you can pay the offered wage. Approval establishes the employee’s eligibility in the category.
Step 3: Wait for a visa number
The employee’s priority date (set at PERM filing) must become current under the visa bulletin before the final step. For some categories and countries this is quick. For others it’s a multi-year wait.
Step 4: Adjustment of status
When a visa is available, the employee files to adjust status to permanent resident (if in the U.S.) or goes through consular processing abroad. Employers should plan around the full timeline and the employee’s underlying visa status throughout.
If you’re weighing your options, a consultation with Capitol Law Partners can map the right path for your situation. Schedule a consultation.
This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.
Attorney Cagatay Ersoy. Practical strategy for founders, investors, and growing companies.
