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Green Card (Employment-Based) Checklist

EB-1 / EB-2 / EB-3 — path to permanent residence through employer or self-petition

Overall Progress

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$715+

I-140 Fee

plus applicable asylum program fee

$1,440

I-485 Fee

standard adult filing

Varies

Priority Date

India EB-2 backlog: years

Varies

PERM Time

check DOL FLAG

Phase 1: Determine Your Category

Your category determines the path, timeline, and backlog you will face

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EB-1A: Extraordinary ability (self-petition, no employer needed)

Action

Must meet 3 of 10 criteria: major awards, publications, high salary, media coverage, etc.

EB-1B: Outstanding researcher/professor (employer required)

Action

EB-1C: Multinational manager/executive (employer required)

Action

EB-2: Advanced degree (master's+) or exceptional ability (employer or NIW self-petition)

Action

EB-2 NIW: National Interest Waiver — self-petition, no PERM needed

Action

Must prove work is in national interest and you are well-positioned to advance it

EB-2 NIW Checklist

EB-3: Bachelor's degree OR skilled worker (employer required, PERM required)

Action

Check the monthly Visa Bulletin for your category + country of birth priority date backlog

Action

DOS Visa Bulletin

Phase 2: PERM Labor Certification (EB-2 / EB-3)

Employer proves no qualified US workers are available — filed with DOL

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EB-1A and EB-2 NIW skip PERM entirely. EB-1B/1C require employer but no PERM. EB-2/EB-3 require PERM.

Employer conducts recruitment campaign (job ads, SWA job order, etc.) for 30+ days

Action

Employer documents all applicants reviewed and reasons for rejection

Document

Employer files ETA Form 9089 with DOL via FLAG portal

Form

DOL FLAG portal

Wait for PERM certification; processing changes, so check the DOL FLAG processing-time information (there is no government fee for the PERM filing)

Action

Receive certified ETA-9089 from DOL

Document

PERM certification date becomes your priority date (if earlier than I-140 filing)

Action

Phase 3: File Form I-140 (Immigrant Petition)

USCIS approves your eligibility — locks in your priority date

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File Form I-140 with USCIS — employer files for EB-1B/1C/2/3; self for EB-1A/NIW

Form

Pay I-140 filing fee: $715, plus applicable asylum program fee ($600 regular / $300 small employer or self-petitioner / $0 nonprofit)

Fee

Optional: Pay $2,805 for premium processing (15 business days)

Fee

Include: PERM (if required), degree/credentials, evidence of qualifications, company financials

Document

Receive I-140 approval — priority date is now locked even if you change employers

Document

Approved I-140 gives you H-1B extensions beyond 6 years and H-4 EAD eligibility for spouse

Note your priority date on the I-140 approval notice

Action

Phase 4: Monitor Visa Bulletin & Wait for Priority Date

India and China EB-2/EB-3 often wait years; other countries often current

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Do NOT file I-485 until your priority date is 'current' in the Visa Bulletin. Filing too early will be rejected.

Check DOS Visa Bulletin every month (published around the 10th of each month)

Action

Visa Bulletin

Track both 'Dates for Filing' and 'Final Action Dates' charts in the bulletin

Action

Set up alert via StatusClock reminders for monthly bulletin release

Action

Timeline page

During wait: keep H-1B status valid — file extensions as needed

Action

During wait: if changing employers after 180 days of pending I-485 (AC21 portability applies)

Action

Confirm with USCIS or attorney whether 'Dates for Filing' chart is accepting I-485 in your category

Action

Phase 5: File Form I-485 (Adjustment of Status)

Final step to get your green card — file when priority date is current

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File Form I-485 with USCIS when your priority date is current

Form

Pay I-485 filing fee: $1,440 for the standard adult filing; there is no separate biometric fee

Fee

File Form I-765 (EAD) concurrently if needed — current fee is $260 when tied to a pending I-485 filed with a fee on or after April 1, 2024

Form

File Form I-131 (Advance Parole) concurrently if needed — current fee is $630; verify the filing category

Form

Include: I-140 approval notice, birth certificate, passport, I-94, medical exam (Form I-693 by civil surgeon)

Document

Schedule and complete civil surgeon medical exam (Form I-693)

Action

Must be completed by USCIS-designated civil surgeon — results valid for 2 years

Find civil surgeon

Before leaving the US while I-485 is pending, confirm you have the right travel document or a status-based exception; departure without Advance Parole can be treated as abandonment

Action

Phase 6: Biometrics & Interview

USCIS may waive interview for some employment-based cases

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Attend biometrics appointment at USCIS Application Support Center (ASC)

Action

Receive combo card: EAD + Advance Parole (work and travel while I-485 is pending)

Document

Respond to any RFE or NOID (Notice of Intent to Deny) promptly

Action

If interview is scheduled: attend USCIS field office interview with all original documents

Action

Check the USCIS live processing-time tool for your form, category, and field office; estimates vary significantly

Action

USCIS processing times

Phase 7: Green Card Approval

Congratulations — permanent resident!

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Receive I-485 approval notice from USCIS

Document

Receive green card (Form I-551) in the mail — valid 10 years

Document

Verify all info on green card is correct (name, DOB, A-number)

Action

Keep green card safe — you must carry it or have it accessible at all times

Action

Renew green card 6 months before expiry (Form I-90, no interview typically)

Action

Eligible to apply for US Citizenship (N-400) after 3 years (if married to US citizen) or 5 years

Action