Green Card Sponsorship

Green card sponsorship is the process in which a U.S. employer petitions for a foreign worker to become a lawful permanent resident, based on a permanent job offer. The employer files the immigrant petition, and the worker completes the final application.

This entry covers the employer's side. Work Visa Sponsorship covers temporary status. For tax residency, see our guide to resident and nonresident alien tax rules.

Which Employment-Based Categories Do Employers Use?

Employment-based preference visas are limited to 140,000 a year, per the USCIS permanent workers page. Most employer cases fall into the first three of five categories. EB-4 and EB-5 cover special immigrants and investors.

A person of extraordinary ability can file for themselves. Other EB-1 and most EB-2 and EB-3 cases need an employer petitioner.

What Is the Employer's Sequence of Steps?

Most cases follow this order:

• PERM labor certification from the Department of Labor, when the category requires it.
• Form I-140 filed with USCIS, within 180 days of any labor certification approval.
• A wait for a visa number if the category and country are backlogged.
• Form I-485 for workers in the United States, or an immigrant visa application abroad.

USCIS notes that workers already in the country can adjust status without leaving. Those abroad use consular processing, where the National Visa Center handles fees and documents. An approved petition waits there until a visa number is available.

What Are Priority Dates and the Visa Bulletin?

When demand exceeds supply, a queue forms. As USCIS explains, the State Department allocates visas by category, country of chargeability and priority date.

If the category needs a labor certification, the priority date is when DOL accepts that application for processing. Otherwise, it is when USCIS accepts the Form I-140.

The monthly Visa Bulletin has two charts, Final Action Dates and Dates for Filing. A visa is available when the priority date is earlier than the cutoff. USCIS says which chart to use each month. For October 2026, its filing charts page directs employment-based filers to the Dates for Filing chart.

Cutoff dates can move backward, so recheck before every filing.

What Does Green Card Sponsorship Cost Employers?

USCIS lists the Form I-140 filing fee on its Form G-1055 fee schedule as $715 by paper or $665 online. A regular petitioner also pays a $600 Asylum Program Fee, with lower amounts for small employers and nonprofits.

Budget separately for attorney fees, PERM advertising and internal time. Adjustment of status and immigrant visa processing carry separate fees, so decide in writing who pays them.

What Should HR Build Into a Green Card Process?

Sponsorship is a multi-year commitment. Many workers begin in a temporary status, and our H-1B visa salary guide covers that stage.

• Set eligibility rules for who the company sponsors and when.
• Track each priority date, visa bulletin movement and filing deadline.
• Keep job descriptions and offer terms current, since the offer must be real and permanent.
• Gather proof of ability to pay the offered wage, such as annual reports or tax returns.
• Align the policy with your HR compliance program and international hiring practices.

This entry is informational, not legal advice, so talk to immigration counsel before committing. HR Cloud keeps employee records in one place through its HRIS.

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Frequently Asked Questions

Q: Can the employer pass green card costs to the employee?

A: Not for the PERM stage. DOL rules bar the employer from seeking payment for that activity, including attorney fees, with narrow exceptions. Ask counsel about later stages.

Q: How long must the employer show it can pay the wage?

A: From the labor certification filing date, or the Form I-140 filing date if none is required, until the worker becomes a permanent resident.

Q: Is premium processing available for Form I-140?

A: Yes, for $2,965. USCIS acts within 15 business days for most categories and 45 for multinational managers and national interest waivers.

Q: Can an employee change jobs while the application is pending?

A: Possibly. If Form I-485 has been pending 180 days or more and the new job is in the same or a similar occupation, the approved petition can remain valid.

Q: Can an H-1B worker stay past six years during the process?

A: Sometimes. Extensions are possible if a labor certification or immigrant petition was filed at least 365 days earlier, or a visa is unavailable.

Q: Do spouses and children get green cards too?

A: A spouse and unmarried children under 21 may apply as derivative applicants, subject to the same visa availability.