Employers sponsoring foreign workers for a green card should start planning early. The employment-based green card process takes time and involves several steps, including PERM labor certification, Form I-140, and adjustment of status. In many cases, the full process can take several years, depending on the job category and the employee’s country of chargeability.

Waiting until an employee is close to the end of their H-1B status is often too late. The PERM labor certification alone can take multiple years due to required recruitment steps, prevailing wage determination, and possible audits. Please note that premium processing is not available for PERM certification or the prevailing wage determination. After PERM is certified, the employer must file Form I-140 with USCIS, followed by additional steps depending on visa availability. Because of these stages, employers should expect the process to take approximately 2–4 years or longer in many cases.

We recommend that employers begin evaluating green card sponsorship within one to two years of employment for workers they intend to retain long-term. Starting early helps reduce the risk of delays and gives time to address any issues that may arise, such as audits or Requests for Evidence issued by the government. It also provides more flexibility in managing work authorization timelines.

Early planning also helps avoid disruption to business operations. If the process is delayed too long, an employee may face gaps in work authorization or limited options to remain in the U.S. Starting early allows employers to maintain stability and retain trained employees without unnecessary interruptions.

If you have questions about when to start the green card process or how to plan for sponsorship, you can contact us at 703-348-1663 for guidance and eligibility review.

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