‍The Current Processing Landscape Demands Advance Planning

Employment-based green card sponsorship has always required patience, but 2026 has made early action more important than ever. The Department of Labor is currently taking well over a year, and in many cases close to two years, to adjudicate PERM labor certification applications before an employer can even file the I-140 immigrant petition with USCIS. Add prevailing wage determination processing, a mandatory recruitment period, and the possibility of an audit, and the realistic timeline from the start of PERM to an approved I-140 can now stretch past two years for many cases. Once a visa number becomes available, USCIS adjudication of the I-485 adjustment application typically adds another year or more. Employers who wait until an employee's nonimmigrant status is nearing its limit are starting this process far too late.

Employers Gain Stability and Retention

For employers, initiating sponsorship early is a workforce planning decision as much as a legal one. Employees who see a clear and timely path toward permanent residency are more likely to stay engaged and committed for the long term, reducing costly turnover and the disruption of restarting a search for specialized talent. Early sponsorship also gives the employer more flexibility to correct course. If a prevailing wage determination comes back higher than expected, or if recruitment reveals the need to adjust a job description, there is time to address these issues without jeopardizing the employee's ability to remain and work in the United States. Waiting until the last available year of H-1B status leaves little room to absorb delays or respond to a Request for Evidence without risking a gap in status.

Employees Gain Certainty and Options

For employees, an early start preserves options that narrow considerably as time runs short. A pending PERM application or an approved I-140 can support extensions of H-1B status beyond the standard six-year limit and may allow for portability to a new employer once an I-485 has been pending for 180 days. These protections only become available at certain stages of the process, so an employee whose sponsorship begins only when their visa clock is nearly expired may find themselves without the flexibility to change jobs, negotiate a promotion, or respond to a layoff without immigration consequences. Starting early also means the employee's place in line, marked by the priority date, is secured sooner, which matters considerably for individuals born in countries facing lengthy visa backlogs in the EB-2 and EB-3 categories.

A Shared Interest in Getting Started Now

Ultimately, early sponsorship aligns the interests of both parties. Employers protect their investment in specialized talent and reduce the administrative strain of last-minute filings, while employees gain predictability in planning their careers and personal lives. Given current processing realities, the single most effective step an employer can take to support a foreign national employee's long-term future with the company is simply to begin the sponsorship process as soon as eligibility allows, rather than waiting for a deadline to force the decision.

Agarwal Law Group works closely with employers and employees to build sponsorship timelines that account for current processing conditions and to identify the right time to begin the green card process. To discuss your company's sponsorship strategy or an individual case, contact our office at 703-348-1663.

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