When you’re planning a move to the United States for work, one of the biggest milestones on the immigration journey is obtaining an employment-based green card. Yet for many professionals, and the employers who want to hire them, the process can feel like a maze of categories, priority dates, and shifting visa bulletin charts that never seem to cooperate.
This guide breaks down the two most common categories (EB-2 and EB-3), explains how priority dates actually work, and offers practical steps you can take now to set your case up for success. Whether you’re an employer looking to sponsor talent or a foreign national mapping out long-term plans, understanding these fundamentals is essential.
As Managing Partner Rosanna Berardi, Esq., puts it: “Employment-based green cards require strategy, timing, and airtight preparation. With long backlogs and moving targets, the smartest step employers and foreign workers can take is to plan early and stay informed.”
What Are Employment-Based Green Cards?
Employment-based (EB) green cards allow foreign nationals to live and work permanently in the U.S. There are five categories, EB-1 through EB-5, but the categories most commonly used by employers are EB-2 and EB-3.
These categories generally require a three-step process:
- PERM Labor Certification (ETA 9089)
- I-140 Immigrant Petition
- Adjustment of Status (I-485) or consular processing
The complexity, and the waiting, is often determined by your priority date, which we’ll explain in detail below.
EB-2 vs. EB-3: What’s the Difference?
EB-2: Professionals With Advanced Degrees or Exceptional Ability
The EB-2 category is intended for:
- Individuals with advanced degrees (master’s or higher), OR bachelor’s degree + 5 years of progressive experience
- Individuals with exceptional ability in sciences, business, or the arts
- Applicants who qualify for a National Interest Waiver (NIW), where no job offer or PERM process is required
The EB-2 category traditionally moves faster than EB-3, but that advantage can shift depending on visa bulletin backlogs.
EB-3: Skilled Workers, Professionals & Other Workers
The EB-3 category is available to:
- Professionals with a bachelor’s degree
- Skilled workers with at least 2 years of experience
- Other workers performing unskilled labor
EB-3 is broader and more flexible, but demand is high, especially from countries with large applicant volumes.
Understanding Priority Dates: The Key to Your Wait Time
If the immigration system had a traffic light, the priority date would be the signal telling you whether you can move forward or keep waiting.
What Is a Priority Date?
Your priority date is tied to one of two events:
- PERM cases: The date the Department of Labor receives your ETA 9089
- PERM-exempt cases (like NIW): The date USCIS receives your I-140
Think of it as your spot in line for a green card. When your priority date becomes current in the Department of State’s monthly Visa Bulletin, you can file your I-485 (if in the U.S.) or begin consular processing (if abroad).
Final Action Dates vs. Dates for Filing
The Visa Bulletin has two charts:
- Final Action Dates (FAD): When USCIS can approve your green card
- Dates for Filing (DF): When you can submit your I-485 and get work/travel authorization
USCIS announces monthly which chart it uses for I-485 filings. This can change month-to-month and affects strategy.
Why Priority Dates Move
Several factors cause movement, forward or backward, including:
- Quarterly visa number allocation
- Annual per-country limits
- Surges in demand from specific countries
- Spillover numbers from unused family-based visas
- Processing times at USCIS and consulates
If you’ve ever stared at the Visa Bulletin like it’s a stock ticker, you’re not alone. Even seasoned attorneys refresh it every month.
PERM: The Step Most Likely to Slow You Down
Before an employer can sponsor an EB-2 or EB-3 green card, they must complete the PERM labor certification process. This requires:
- A prevailing wage determination
- A specific recruitment campaign
- Demonstrating that no qualified U.S. worker is available
In 2025, prevailing wage determinations continue to take 6-8 months, and PERM adjudications can take upwards of 10-12+ months depending on audits and processing trends.
This means employers should start early, ideally long before a candidate’s temporary work status nears max-out (e.g., H-1B’s 6-year limit).
I-140 Strategy: It’s More Important Than You Think
After PERM approval, employers file Form I-140, which establishes the employee’s eligibility for EB-2 or EB-3. But here’s where strategy comes in.
Why Some Applicants File Both EB-2 and EB-3 I-140s
In some years, EB-3 moved faster than EB-2. In others, the opposite was true.
Having an approved I-140 in both categories gives applicants flexibility to “upgrade” or “downgrade” based on whichever category becomes current first.
Portability After I-140 Approval
Once an I-140 has been approved for 180 days, the underlying job offer becomes portable. This is especially important during long backlogs or career transitions.
Adjustment of Status: The Home Stretch
When your priority date becomes current, or USCIS allows filing under the Dates for Filing chart, you may submit Form I-485. Doing so provides major benefits:
- EAD work authorization
- Advance Parole travel permission
- Ability to remain in the U.S. while the case is pending
- Dependent family members (spouse and children under 21) can apply together
The catch? Some applicants wait years with a pending I-485 before approval, depending on their priority date.
When Should Employers Start the Green Card Process?
If you sponsor foreign talent, waiting is not your friend.
Starting the PERM process early protects:
- Employees nearing H-1B max-out
- Employees from countries with significant backlogs
- Employers who want long-term retention solutions
As Rosanna Berardi notes, “Early I-140 planning is no longer optional, it’s essential. When employers build green card sponsorship into their workforce strategy, they stay competitive and avoid last-minute crises.”
Employment-Based Green Card FAQs
How long does an employment-based green card take?
Most EB-2/EB-3 cases take 2-4 years, depending on PERM timelines and Visa Bulletin backlogs. For some countries, waits are significantly longer.
Can I change employers during the process?
Yes, once your I-140 has been approved for 180 days, you may port your case to a similar job under portability rules.
Do I need a job offer for EB-2?
Yes, unless you qualify for an EB-2 National Interest Waiver (NIW), which eliminates the PERM requirement.
Get Help Obtaining Your Employment-Based Green Card
Employment-based green cards remain one of the most powerful pathways to permanent residence in the U.S., but navigating the categories, priority dates, and processing timeline can feel overwhelming without the right guidance. Whether you’re an employer preparing to sponsor talent or an employee mapping out your long-term residency goals, early planning and experienced counsel make all the difference.
Berardi Immigration Law has helped thousands of professionals and companies successfully navigate the EB-2 and EB-3 processes. If you’re considering sponsorship or need to evaluate your priority date strategy, we’re here to help you chart the clearest, most efficient path forward. Click here to book your consultation with a member of the Berardi Immigration Law team.
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