Employment Based Green Card Process 2025: Full Step-by-Step Guide for Workers and Employers

Employment Based Green Card Process 2025: Full Step-by-Step Guide for Workers and Employers

The employment based green card process in 2025 remains a vital pathway for skilled workers, professionals, researchers, and investors seeking lawful permanent residency in the United States. With policy updates, digital application systems, and changing labor market needs, it's more important than ever to understand the steps, requirements, and timelines for each employment category.

In this complete guide, we’ll cover the process from start to finish—whether you’re an employee or an employer aiming to secure a green card through work.

What Is an Employment-Based Green Card?

An employment-based (EB) green card allows a foreign national to live and work permanently in the U.S. It is granted based on job skills, education, investment, or specific employment offers.

Benefits:

• Legal permanent residency (LPR)
• Freedom to work in any job
• Eligibility for U.S. citizenship after 5 years
• Ability to sponsor family members

Key Categories of Employment-Based Green Cards

The EB system has five preference levels:

Most applicants fall under EB-2 and EB-3, requiring employer sponsorship and labor certification.

Overview of the 2025 Process

Regardless of category, the core steps often include:

1. PERM Labor Certification (EB-2 and EB-3)
2. Form I-140 Immigrant Petition
3. Visa Availability Check via Visa Bulletin
4. Adjustment of Status (I-485) or Consular Processing
5. Biometrics, Medical Exam, and Background Check
6. Approval and Green Card Issuance

Step-by-Step Process for EB-2 and EB-3 Categories

1. Job Offer From a U.S. Employer

The first requirement is a full-time, permanent job offer.

2. PERM Labor Certification

Filed with the Department of Labor (DOL) to prove no qualified U.S. worker is available for the position.

3. Form I-140 Petition

Once the PERM is approved, the employer files Form I-140 with USCIS to request the immigrant visa.

4. Priority Date Monitoring

Applicants must wait for their priority date to become “current” according to the Visa Bulletin.

5. Adjustment of Status or Consular Processing

If the applicant is in the U.S., they can file Form I-485. Otherwise, they go through a U.S. embassy or consulate.

Step-by-Step Process for EB-1 Category

Applicants with extraordinary ability may self-petition without a job offer.

Steps:

• Submit evidence (publications, awards, salary, memberships)
• File Form I-140 directly
• Monitor visa availability and apply for Form I-485 or DS-260
• Undergo background check, medical exam, and interview (if required)

EB-1 applications are typically faster due to high priority and fewer visa backlogs.

PERM Labor Certification Explained

The PERM process includes:

• Prevailing Wage Determination (PWD) by the DOL
• Recruitment: Employers must advertise the job and document that no U.S. worker is qualified
• Filing ETA Form 9089 electronically

This step usually takes 6–10 months, and audits can add several months.

Form I-140 Immigrant Petition

After PERM approval:

• Employer submits Form I-140
• Filing fee: $700 (as of 2025)
• Premium processing available: results in 15–45 days
• Evidence must match job requirements (education, experience)

If USCIS approves, you receive a priority date for green card eligibility.

Priority Dates and Visa Bulletin in 2025

The Visa Bulletin, issued monthly by the Department of State, shows which EB categories can move forward based on:

• Category (EB-1, EB-2, etc.)
• Country of birth (some countries have longer waits)
• Priority date from Form I-140 filing

Applicants from India, China, and Mexico may experience delays due to high demand.

Adjustment of Status vs. Consular Processing for Employment Green Cards

Once your priority date becomes current, you must choose between:

1. Adjustment of Status (AOS)

Used by applicants already in the U.S. on a valid visa.

• File Form I-485 with USCIS
• Includes application for work and travel permits (EAD/AP)
• May take 8–18 months, depending on USCIS workload
• Interview may be waived in some cases

2. Consular Processing

Used by applicants outside the U.S. or not eligible for AOS.

• Complete Form DS-260
• Attend a visa interview at a U.S. embassy/consulate
• Typically faster than AOS: 6–12 months after I-140 approval and priority date current

Medical, Biometrics, and Background Checks

Both AOS and consular applicants must pass security and health screenings.

Required Steps:

• Medical Exam (Form I-693) by a USCIS-approved doctor
• Biometrics Appointment for fingerprints, photo, and signature
• Background Check through FBI, DHS, and other databases

Validity of the medical exam in 2025: 2 years from the date of the civil surgeon’s signature.

Porting to a New Employer While Green Card Is Pending

Thanks to AC21 portability provisions, EB-2 and EB-3 applicants can switch jobs if:

• I-140 has been approved
• I-485 has been pending for 180+ days
• The new job is in the same or similar occupational classification

Must file Supplement J to notify USCIS of the change.

Common Delays in the Employment Green Card Process

Be aware of these potential bottlenecks:

• PERM Audits from DOL: Adds 6–12+ months
• Requests for Evidence (RFE) on I-140 due to incomplete documentation
• Visa Retrogression: When demand exceeds annual visa limits and priority dates move backward
• Backlogs in embassies/USCIS post-COVID and policy changes

Mitigate delays by submitting complete and well-prepared petitions and monitoring the Visa Bulletin monthly.

EB-5 Investor Green Card Process in 2025

The EB-5 category is for foreign nationals investing in U.S. businesses.

Key Requirements:

• Invest $800,000 in a TEA (Targeted Employment Area) or $1.05 million elsewhere
• Must create 10+ full-time jobs for U.S. workers
• Options include direct investment or via Regional Centers

Steps:

1. File Form I-526E
2. Wait for priority date to become current
3. File Form I-485 or go through consular processing
4. Conditional green card valid for 2 years
5. Remove conditions with Form I-829

Processing times can span 24–60 months, depending on investment type and origin country.

How Long the Employment-Based Green Card Process Takes in 2025

Premium processing can reduce I-140 wait time to as little as 15–45 days, but PERM and priority date delays remain uncontrollable.

Frequently Asked Questions About Employment-Based Green Cards

1. Can I self-petition for an employment green card?

Yes, under EB-1A (extraordinary ability) or EB-2 National Interest Waiver (NIW), you don’t need an employer sponsor.

2. What happens if my employer withdraws the I-140?

If your I-485 has been pending for 180+ days, your case may still continue under AC21 portability rules.

3. Can I switch jobs during the green card process?

Yes, but only after 180 days of I-485 pending and with a similar job role.

4. Is the PERM process required for all categories?

No. EB-1 and EB-5 do not require PERM, but EB-2 and EB-3 usually do (unless using NIW).

5. What is the Visa Bulletin, and why does it matter?

It tells you when your green card case can move forward based on your priority date, country, and category.

6. Can my spouse and children get green cards too?

Yes. Your spouse and unmarried children under 21 qualify as derivative beneficiaries and can receive green cards along with you.

Conclusion: Succeeding With the Employment Green Card Process in 2025

The employment based green card process in 2025 is detailed and complex, but manageable with preparation and expert guidance. Whether you're an employer looking to retain international talent or a skilled professional hoping to build a life in the U.S., understanding the step-by-step process is essential.

Final Tips:

• ✅ Choose the right EB category
• ✅ Stay current with Visa Bulletin updates
• ✅ Submit complete forms and documentation
• ✅ Use premium processing where possible
• ✅ Consider legal help for complex petitions