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Below you'll find out most frequently asked questions about US visas,
categorized by visa type, with our lawyers' answers.
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What is PERM?
A PERM (Program Electronic Review Management) is a labor certification issued by the U.S. Department of Labor. It does NOT give immigration status. Instead, it confirms that no qualified and willing U.S. worker is available for the job and that the employer will pay at least the prevailing wage. It is the first step toward most EB-2 and EB-3 green cards.
Is PERM a visa or a work permit?
No. PERM is not a visa, nor does it provide work authorization or permission to stay in the U.S. It is only the labor certification needed before an employer can file the I-140 immigrant petition.
How long does the PERM process take?
On average, the full PERM process takes 22-24 months, including prevailing wage (≈6 months), recruitment (60+ days), PERM filing, and DOL adjudication (14-16 months). Audits can extend the timeline.
What determines whether a case becomes EB-2 or EB-3?
The job requirements define the category, not the candidate’s resume.
- EB-2 applies if the job requires a Master’s degree or Bachelor’s + 5 years of progressive experience.
- EB-3 applies to Bachelor-level roles, skilled workers (2+ years experience), or other workers.
What happens if a qualified U.S. worker applies during recruitment?
The employer cannot continue with the PERM for that position. There are no exceptions or appeals. The employer may restart recruitment after six months.
Can the employer change the job description or salary after recruitment begins?
No. Once recruitment starts, the job requirements and prevailing wage cannot be changed without restarting the entire process from the beginning.
What is the I-140, and why does it matter after PERM?
The I-140 Immigrant Petition is the second stage of the EB-2/EB-3 green card process.
Once PERM is certified, the employer files the I-140 with USCIS to prove three things:
- The worker met every PERM requirement before the PERM was filed.
- The job offer is genuine and permanent.
- The employer can pay the prevailing wage from the PERM priority date onward. This is known as ability to pay, and USCIS reviews tax returns, annual reports, audited financials, or payroll records to verify it.
If any of these elements is unclear, USCIS may issue an RFE, NOID, or denial.
The I-140 does not replace the PERM; it confirms that the worker and employer both qualify to move forward to the green card stage.
What documents does the employee need for PERM and I-140?
The worker must provide:
- diplomas and transcripts,
- credential evaluations for foreign degrees,
- detailed experience letters proving they met all PERM requirements before filing,
- resume and identity documents.
Who must prove ability to pay the prevailing wage from the PERM and how?
The employer must demonstrate ability to pay the wage from the PERM priority date onward using tax returns, annual reports, audited financials, or payroll records. This is a common source of I-140 delays or denials.
How do layoffs affect a PERM case?
Layoffs in the same or similar occupation within the previous six months prevent the employer from starting recruitment or filing PERM.
During the layoff window, the employer can still:
- define the job description and requirements, and
- request the prevailing wage determination (PWD).
But the employer cannot activate the PERM process — meaning no recruitment and no ETA-9089 filing — until the cooling-off period has passed. Once that period ends, the PERM process may proceed normally.
What happens if PERM is denied?
The employer may:
- refile a new PERM,
- correct job requirements and restart recruitment, or
- request reconsideration in limited cases.
Most PERM denials require starting over completely because the process is time-sensitive. There is no mandatory waiting period after a denial—refiling can begin as soon as the employer is ready, as long as no layoffs prevent recruitment and the job requirements are compliant.
Does E-2 visa lead to a green card?
The E-2 doesn't directly lead to a green card, but E-2 holders have several pathways to permanent residence.
Options include the EB-5 immigrant investor program, EB-1A extraordinary ability, EB-2 NIW national interest waiver, or employer-sponsored green cards through the PERM process.
Can I file Form I-140 on my own without an employer?
Only two categories allow self-petitioning: EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver).
For all other categories, your employer must act as the petitioner and file on your behalf.
Both self-petition categories have the added benefit of not requiring a PERM labor certification or a specific job offer.
How long does I-140 processing take without premium processing?
Standard I-140 processing time is approximately 6 to 12 months or longer, depending on the USCIS service center handling your case and the specific category you filed under.
You can check current estimates on the USCIS processing times page.
Filing with premium processing reduces this to either 15 or 45 business days depending on your category.
Does an approved I-140 mean I have a green card?
No. An approved I-140 confirms that you meet the qualifications for your employment-based category, but it does not grant permanent residence.
You still need to file Form I-485 for adjustment of status if you're in the U.S., or complete consular processing if you're abroad once your priority date becomes current.
The I-140 approval establishes your place in line.
Is there a filing fee for Form G-28?
No. Form G-28 has no filing fee.
USCIS accepts it at no cost.
Your immigration attorney may charge their own professional fees for representing you, but the form itself is free to submit alongside your visa application, petition, or appeal.
What is the difference between Form G-28 and Form G-28I?
Form G-28 is used for immigration matters before USCIS within the United States.
Form G-28I is a separate form used for matters outside the U.S., and it allows a broader range of representatives to file, including attorneys who are not licensed in the U.S. and certain family members.
If your case is handled domestically by USCIS, your attorney will use the standard G-28.
Do I need a new Form G-28 for every case I file?
Yes. USCIS requires a new Form G-28 for each separate application, petition, or appeal.
Even if the same attorney is handling multiple filings for you, they must submit a new G-28 with each one.
The form applies only to the specific case it is filed with and does not carry over to other matters.
Can I represent myself instead of using Form G-28?
Yes. You are always allowed to represent yourself before USCIS.
Form G-28 is only necessary when you want a licensed attorney or accredited representative to act on your behalf.
If you choose to handle your own visa process, USCIS will communicate directly with you.
However, for complex petitions or cases involving RFEs, many foreign nationals find that working with an immigration attorney leads to better outcomes.
How much does it cost to sponsor a work visa in the U.S.?
The cost depends on the visa type and employer size. For an H-1B petition, large employers typically pay $6,000 to $13,500 in government and attorney fees combined (without premium processing). L-1 petitions generally run $6,500 to $12,500, and O-1A cases $7,500 to $14,000.
If you add green card sponsorship through the PERM process, total costs can reach $20,000 to $40,000 or more over several years.
Can the employer make the employee pay for H-1B sponsorship?
No. The employer is legally required to pay certain H-1B fees, including the I-129 base fee, the ACWIA Training Fee, and the Fraud Prevention and Detection Fee. Asking the employee to reimburse these costs violates Department of Labor regulations.
However, the employee can pay for premium processing if the faster timeline benefits them personally.
How much does green card sponsorship cost the employer?
Employer green card sponsorship through the PERM, I-140, and I-485 route typically ranges from $14,000 to $30,000. This includes recruitment advertising ($1,000 to $3,000), the I-140 filing fee ($715 plus the Asylum Program Fee), and attorney fees ($8,000 to $18,000+).
The I-485 adjustment of status fee ($1,440) is often covered by the employer but isn't legally required.
How long does the full sponsorship process take from work visa to green card?
The timeline varies widely. An H-1B petition takes 1 to 6 months (or 15 business days with premium processing). The green card process adds significantly more time: the PERM stage alone can take 12 to 18 months, and the I-140 takes another 6 to 12 months without premium processing.
For employees from countries with per-country backlogs (India, China), the wait for a visa number can stretch 5 to 15+ years after the I-140 is approved.
What happens if my PERM was filed as EB-3 but I now have a master's?
Your new master's doesn't change the PERM. The category is set by what the job required, not what you have on your resume today.
To move to EB-2, your employer generally has to start a new PERM that requires a master's, which means a new labor market test, a new prevailing wage determination, and a new priority date.
How long does PERM take in 2026?
PERM processing at DOL has fluctuated significantly. Audits and supervised recruitment add months on top of the base window.
The full timeline (prevailing wage plus recruitment plus DOL review) commonly runs over a year before the I-140 can be filed. See Tukki's PERM visa guide for the current timeline.
What's the difference between PERM and the I-140?
PERM is DOL's certification that no qualified U.S. worker is available for the role at the prevailing wage. The I-140 is the USCIS petition that asks for the green card classification (EB-2 or EB-3).
PERM comes first; the I-140 follows. The I-140 is where the EB-2 or EB-3 designation officially happens.
What does PERM stand for?
Program Electronic Review Management — the Department of Labor's labor certification process, filed on Form ETA-9089 through the FLAG system.
Is PERM an immigrant petition?
No. PERM is a labor certification. The immigrant petition is the I-140, filed with USCIS after PERM is approved.
How long does prevailing wage determination take?
Roughly 6 months in 2026. PWD is filed on Form ETA-9141 and has been in the 5-7 month range for most of the past year. Check flag.dol.gov/processingtimes for the latest.
How do I check my PERM status?
Through flag.dol.gov, using the case number on the ETA-9089. Only employers and their designated attorneys have direct FLAG access — beneficiaries should ask HR or their attorney.
Can I extend my H-1B while PERM is pending?
Yes. If PERM is filed at least 365 days before your 6-year H-1B mark, AC21 §106(a) allows 1-year extensions until the case resolves.
Once your I-140 is approved, §104(c) allows 3-year extensions if your priority date is not current.
Can I change jobs during the H-1B to green card process?
Yes, but the answer depends on which stage you're in. Before PERM is filed, you can change employers freely; the new employer just has to start a new PERM. After PERM is filed but before I-140 is approved, changing employers usually means starting PERM over.
After I-140 is approved and 180 days have passed since I-485 was filed, you can change to a new employer in the same or similar occupation under I-140 portability while keeping your priority date and pending I-485. Our H-1B visa transfer guide walks through the transfer mechanics.
What happens if my priority date retrogresses?
If your priority date retrogresses after you've filed I-485 but before the I-485 is approved, your I-485 stays on file but USCIS pauses adjudication until your priority date is current again. You keep your EAD and Advance Parole if those were issued, and your H-1B remains valid if you didn't switch to EAD-based work.
Retrogression is most common late in the fiscal year and usually clears when the new fiscal year starts October 1.
Can my spouse work while I'm waiting for the green card?
Yes, in two ways. As an H-4 dependent spouse of an H-1B principal with an approved I-140, your spouse can apply for an H-4 EAD. Once you file I-485, your spouse can file a derivative I-485 and Form I-765 to get an EAD independent of the H-4 status.
Both routes give your spouse work authorization, but the H-4 EAD is tied to H-4 status while the I-485 EAD is independent. See our H-1B spouse work permit guide and spouse work authorization options guide for the full breakdown.
Do I lose my place in line if my employer files a new PERM?
You only lose your place in line if you abandon your existing I-140. Once an I-140 has been approved for at least 180 days, the priority date is portable: a new employer can file a new PERM and a new I-140, and you keep the earlier priority date from the first I-140.
If your first I-140 was approved less than 180 days ago and you switch employers, your priority date may be at risk. Our Form I-140 guide explains the priority-date portability rules.
How many employment-based work visa categories are there?
U.S. immigration groups employment-based green cards into five preference categories, EB-1 through EB-5, though most professional hiring runs through EB-1, EB-2, and EB-3. On the temporary side, the main employment-based visa types include the H-1B, L-1A, O-1, TN, and E-2.
So the practical answer is a handful of temporary categories plus three or four green card categories that cover the vast majority of cases.
Which U.S. work visas allow dual intent?
Dual intent means you can hold a temporary visa and pursue a green card at the same time without raising questions about your intent to leave. The H-1B and L-1A clearly allow dual intent, which is why they're popular starting points for a longer plan.
The O-1 is treated flexibly in practice, while the TN and E-2 are tied more closely to temporary stay, so a green card plan on those needs careful documentation.
Which work visas do not require an employer sponsor?
Among green cards, the EB-1A (extraordinary ability) and EB-2 NIW (national interest waiver) allow self-petition, so the individual files without an employer or a PERM labor certification. The E-2 doesn't use a traditional employer either, since it's based on the applicant's own investment.
Every other major work visa, including the H-1B, L-1A, O-1, TN, and the standard EB-2 and EB-3 green cards, requires an employer or a job offer.
Which work visas lead directly to a green card?
The immigrant categories, EB-1A, EB-1C, EB-2 NIW, and EB-2 or EB-3 through PERM, lead directly to a green card. The temporary work visas don't grant permanent residence on their own, but several act as bridges.
An H-1B holder can move through PERM to EB-2 or EB-3, an L-1A manager to the EB-1C, and an O-1A performer to the EB-1A.
What is the fastest U.S. work visa to get?
For eligible candidates, the visas without a lottery or labor certification tend to move fastest. The O-1 and L-1A have no annual cap, so a qualified case can be filed at any time, and the TN can sometimes be obtained at the border for Canadian citizens within days.
Speed also depends on whether premium processing is used, which guarantees USCIS action within 15 business days for an added fee, so the right answer depends on the candidate's profile and how urgently you need them.
Does a PERM audit mean my case is denied?
No. A PERM audit is a request for documentation from the Department of Labor, not a denial. The employer submits the recruitment file it was already required to keep, and the case continues toward certification once the response is reviewed.
How long does a PERM audit add to the timeline?
An audit moves the case into a separate, slower audit-review queue, so it adds time on top of the standard PERM timeline that already averages roughly 22 to 24 months.
The exact amount changes with current DOL processing, so check the DOL Foreign Labor Application Gateway for the latest audit processing time rather than relying on a fixed figure.
Can I still work while my PERM is audited?
Yes, in most cases. Your work authorization comes from your current nonimmigrant status, such as an H-1B, and not from the PERM labor certification. An audit on the PERM doesn't change your ability to keep working under that status.
Though you should confirm your specific situation with an immigration attorney.
What's the difference between analyst review and audit review?
Analyst review is the standard adjudication queue every PERM application enters after filing, where no further action is needed from the employer. Audit review is a separate queue the case enters only if the DOL issues an audit, and it requires a documented response by a firm deadline.
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