HELP CENTER
Visa questions? We can help.
Below you'll find out most frequently asked questions about US visas,
categorized by visa type, with our lawyers' answers.
Filter
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’t find your question?
If you cannot find an answer to your question in our FAQ, you can always contact us.
We will answer you shortly!