⚠️ For Indian and Chinese nationals, EB-2/EB-3 backlogs can be 10–30+ years due to per-country limits. Start PERM as early as possible — even year 1 of H-1B. Your priority date is everything.
📋 Step 1: PERM Labor Certification
Employer files PERM with DOL — proves no qualified US workers
Employer conducts required recruitment (job ads, interviews)
DOL approval takes 6–18 months
Approval date becomes your priority date — earlier = better
Required for EB-2 and EB-3 (not EB-1)
📋 Step 2: I-140 Immigrant Petition
Filed by employer after PERM approval
Establishes preference category (EB-1 / EB-2 / EB-3)
Standard processing: 6–12 months; Premium: 15 business days
Once approved 180+ days, priority date is portable to new employer
EB-1A / EB-1B: no PERM required — self-petition or employer
📅 Step 3: Wait for Priority Date
Check the DOS Visa Bulletin every month
When your priority date is "current" — file I-485 or Consular Processing
EB-1: often current for all countries (1–3 year wait)
EB-2/EB-3 India: typically 10–30+ year backlog
Under AC21: can change to same/similar job without losing priority date
✅ Step 4: Adjustment of Status (I-485)
File I-485 when priority date is current
File I-131 (Advance Parole travel doc) concurrently
File I-765 (EAD) — allows work while I-485 is pending
Biometrics appointment at local USCIS office
Approval = green card (I-551) mailed to you
ℹ️ EB-1A (Extraordinary Ability) and EB-1B (Outstanding Researcher) are often current for all nationalities — no PERM required. If you have publications, patents, or recognition in your field, consult an immigration attorney about EB-1.
💡 Under AC21 (portability), once your I-140 has been approved for 180+ days, you can change employers for a same or similar role without losing your priority date.