Employment is the second most common path to a green card. In FY 2023, 16.7% of new green cards were issued through jobs or job offers in the US, though roughly half of those went to the workers’ spouses and children rather than the employees themselves.
The employment route to a green card requires more steps than the family-sponsored route. Most applicants need a US employer to sponsor them. In many cases, the employer first completes a permanent labor certification, known as a PERM application, through the Labor Department to prove that hiring a foreign worker will not displace qualified US workers. That process includes confirming a government-set wage for the position, advertising the job to US candidates, and documenting the results. Once the Labor Department certifies the application, the employer can petition USCIS for the worker’s green card.
Employment-based visas are divided into three preference categories, each of which is subject to annual visa limits:
- First preference: Individuals with extraordinary ability, outstanding professors, or multinational executives. Applicants in this category do not need a PERM labor certification and may self-petition in some cases.
- Second preference: Professionals with advanced degrees or exceptional ability. Most require a PERM labor certification, though some may qualify for a national interest waiver (NIW) that allows them to self-petition without an employer.
- Third preference: Skilled workers, professionals, and certain other workers. These applicants typically require a PERM labor certification.
The wait time for any of these visas depends on demand and country of origin. Because of the high number of applicants and the annual and per-country limits, applicants from India and China often face waits of 10 years or more.
Some applicants can pay for premium processing to expedite review of initial paperwork, but that does not shorten the overall wait for a visa number. As of 2025, Indian professionals who applied for Second Preference employment visas in 2013 were only just becoming eligible for green cards because of the annual visa limits. For context, that means they applied when Barack Obama was beginning his second presidential term.