Permanent Work Visa in the U.S.: A Complete Guide

If you want to live and work permanently in the United States through employment, you need an employment-based work visa (immigrant visa), commonly known as a green card. Unlike a nonimmigrant type of visa, such as the H-1B or L-1, which allows temporary work, a permanent work visa grants lawful permanent resident status with the right to live indefinitely in the USA, work for any U.S. employer, and eventually apply for citizenship.

Learn what separates each visa category, how the application process works, realistic timelines, and what to expect around costs and visa sponsorship.

Employment-based visa categories

Before starting your application, you need to understand which preference category fits your qualifications. Each category targets different skill levels, and the requirements determine whether you need a job offer, labor certification, or can self-petition. This type of work visa offers five distinct preference categories, each designed for different professional backgrounds.

Here are the visa categories at a quick glance:

First preference (EB-1): Priority workers

The EB-1 visa serves individuals at the top of their fields and does not require labor certification. Three sub-groups qualify:

• Extraordinary ability: Persons with sustained national or international acclaim in sciences, arts, education, business, or athletics. You can self-petition without a job offer.
• Outstanding professors and researchers: Those with at least three years of teaching or research experience and international recognition. Requires a job offer from a U.S. employer.
• Multinational executives and managers: Employees transferring from a foreign affiliate after at least one year in a managerial or executive capacity abroad.

Second preference (EB-2): Advanced degrees and exceptional ability

The EB-2 visa covers professionals with advanced degrees (master's or higher) or a bachelor's degree plus five years of progressive work experience. It also includes individuals with exceptional ability in the sciences, arts, or business.

Most EB-2 applicants need labor certification and a job offer. The exception is the National Interest Waiver (NIW), which allows self-petition if your work benefits the United States. This category receives 28.6% of the annual allocation plus unused EB-1 visas.

Third preference (EB-3): Skilled workers and professionals

The EB-3 visa includes three sub-groups:

• Skilled workers: Positions requiring at least two years of training or work experience
• Professionals: Jobs requiring a bachelor's degree
• Other workers: Positions requiring less than two years of training (limited availability)

All EB-3 applicants require labor certification and a permanent, full-time job offer from a U.S. employer.

Fourth preference (EB-4): Special immigrants

This category covers religious workers, certain broadcasters, and specific U.S. government employees abroad. No labor certification is required. EB-4 receives 7.1% of the annual allocation.

Fifth preference (EB-5): Immigrant investors

The EB-5 requires a capital investment of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in other areas. Investors must create at least 10 full-time jobs for U.S. workers. This category allows self-petition without a job offer or labor certification.

The PERM labor certification process

For most EB-2 and EB-3 applicants, the green card process begins with PERM (Program Electronic Review Management) labor certification. The Department of Labor (DOL) administers this process to protect U.S. workers by verifying that no qualified American workers are available for the position and that hiring a foreign worker will not adversely affect wages or working conditions.

Your employer starts by requesting a prevailing wage determination from the DOL, which takes five to eight months. Next comes the recruitment phase: at least 60 days of advertising through job orders, newspaper ads, and additional recruitment methods. Only after completing recruitment can your employer file Form ETA-9089 through the DOL's Foreign Labor Application Gateway (FLAG) system.

Standard PERM processing takes 8 to 12 months after filing. If the DOL selects your case for audit, expect an additional six to 12 months. The total timeline from start to certification typically runs 15 to 24 months without an audit.

Certain occupations qualify for Schedule A exemptions and skip the PERM process entirely, including professional nurses and physical therapists.

The immigrant petition (Form I-140)

Once PERM is certified, or if your category does not require it, your employer files Form I-140, the Immigrant Petition for Alien Worker, with USCIS. This petition establishes your eligibility and locks in your priority date, which determines your place in line for a visa number.

USCIS reviews your qualifications, verifies the employer's ability to pay the offered wage, and confirms the legitimacy of the job offer. The standard filing fee is $715. Premium processing is available for $2,805, guaranteeing a decision within 15 business days (check current USCIS fee schedule as fees may change). Upon approval, USCIS issues Form I-797 Notice of Action.

For EB-1A extraordinary ability and EB-2 NIW applicants, you can self-petition and file Form I-140 without employer sponsorship.

Adjustment of status vs. consular processing

With an approved I-140, you are one step from becoming a lawful permanent resident. The final stage depends on your location and immigration status.

• Adjustment of status applies if you are already in the United States with a valid nonimmigrant status. You file Form I-485 with USCIS and can submit concurrently with Form I-140 if your priority date is current. While I-485 is pending, you can apply for an Employment Authorization Document (EAD), also known as a work permit, to work and an Advance Parole to travel internationally.
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• ‍Consular processing applies if you are outside the United States. The National Visa Center coordinates your case, and you complete Form DS-260 before attending an immigrant visa interview at a U.S. embassy. The Department of State manages this process.

Both paths require a medical examination and verification that your priority date is current according to the monthly Visa Bulletin.

Green card timelines and priority dates

Your total processing time depends on your category, country of birth, and current backlogs. Per-country limits cap each nation at 7% of annual visa allocations, creating lengthy waits for applicants from India and China.

The fiscal year runs from October 1 through September 30. Unused visas from higher preference categories spill down to lower categories, occasionally accelerating wait times.

Transitioning from temporary visas

Many permanent work visa applicants start on temporary work visas. Knowing how these nonimmigrant statuses interact with the permanent residence process helps you maintain legal status throughout the multi-year process.

The H-1B visa allows a maximum six-year stay for temporary workers in specialty occupations. Extensions beyond six years are possible under specific conditions: if your PERM has been pending for at least 365 days, you can receive one-year H-1B extensions. If your I-140 is approved but no visa number is available, you qualify for three-year extensions.

L-1 visa holders working as multinational executives often transition directly to EB-1C. O-1 visa holders with extraordinary ability frequently pursue EB-1A as a natural fit.

Both H-1B and L-1 visas permit dual intent, meaning you can pursue permanent residence while maintaining temporary status. F-1 student visa holders cannot demonstrate dual intent and face additional complexity.

Costs and employer sponsorship

Employer sponsorship involves substantial costs and legal obligations under immigration law. Federal regulations require employers to pay all PERM-related expenses, including recruitment advertising ($1,000 to $5,000) and attorney fees ($8,000 to $15,000).

Additional costs include:

• Form I-140 filing fee: $715 (employer typically pays)
• Form I-485 filing fee: $1,440 (employee typically pays)
• Premium processing: $2,805

Total employer cost for a PERM-based work visa and green card typically ranges from $15,000 to $30,000 or more, but certain employers face additional fees.

A September 2025 proclamation requires some companies with high H-1B/L-1 ratios to pay a $100,000 fee, though healthcare organizations, universities, and certain nonprofits are exempt.

Family members

Your spouse and unmarried children under 21 can immigrate as derivative beneficiaries using the same priority date. They file Form I-485 concurrently or follow to join after you receive your green card. After five years as a lawful permanent resident, you can apply to become a U.S. citizen. The Child Status Protection Act may protect children who risk aging out during the process.

Working with the right support partner

The employment-based green card process requires coordination across multiple U.S. government agencies: the Department of Labor for PERM certification, USCIS for immigrant petitions and adjustment of status, and the Department of State for consular processing. Documentation must be precise, timelines are strict, and errors can cause costly delays.

Lighthouse provides eligibility diagnostics to identify the right preference category, guidance on PERM compliance and documentation, expert legal review for Form I-140 and I-485 preparation, and coordination of family applications with tracking based on the Visa Bulletin.

Our approach combines experienced case managers with technology built for immigration workflows. 

Start your green card evaluation today.

Frequently asked questions

Who has to pay $100,000 for an H-1B visa?

A September 2025 proclamation requires certain employers with high H-1B/L-1 ratios to pay this fee when bringing foreign nationals into the United States. Healthcare organizations, universities, and nonprofits are exempt.

Who qualifies for an EB-2 visa?

Professionals with advanced degrees (master's or higher), those with a bachelor's plus five years of progressive experience, or individuals with exceptional ability in sciences, arts, or business. The National Interest Waiver allows self-petition without a job offer.

How long does a permanent visa last?

A green card grants permanent residence indefinitely. The physical card requires renewal every 10 years, but your status continues as long as you maintain U.S. residence.

Who is eligible for an EB-3 visa?

Skilled workers with two or more years of experience, professionals with bachelor's degrees, and other workers in positions requiring less than two years of training. All EB-3 applicants need PERM labor certification and a full-time job offer.

How long can you stay in the U.S. on H-1B?

The standard maximum is six years. Extensions beyond six years are available if your PERM has been pending 365+ days or if your I-140 is approved but no visa number is available.

How much do employers pay to sponsor a visa?

Total employer costs for PERM-based green cards typically range from $15,000 to $30,000 or more, including recruitment, attorney fees, and filing fees. Employers cannot charge PERM costs back to employees.

What is the difference between a work visa and a green card?

A work visa grants temporary work authorization tied to a specific employer. A green card grants lawful permanent resident status, allowing you to work for any employer and stay indefinitely.

Can I apply for a U.S. work visa online?

Yes. PERM is filed electronically through the DOL's FLAG system, and Form I-140 is submitted to USCIS online. Interviews and biometrics still require in-person appointments.