I am an

employer E2

How do I sponsor an 

employee for U.S. 

permanent resident status?

As an employer (or prospective employer), if you want to 

sponsor a foreign national to become a permanent resident based 

on a permanent job offer, you and the foreign national need to go 

through a multi-step process. 

In most cases, the process begins when the employer obtains an 

approved Application for Permanent Labor Certification from 

the U.S. Department of Labor (DOL). After the labor certification has 

been approved by the DOL, the employer continues the process by 

filing Form I-140, Immigrant Petition for Alien Worker, on behalf of 

the foreign national with U.S. Citizenship and Immigration Services 

(USCIS). If prior DOL certification is not required, the sponsoring 

process will start when you file a Form I-140 with USCIS. Filing 

instructions and forms are available on our Web site at www.

uscis.gov. Sometimes, as discussed below, the foreign national 

can combine the Form I-140 with a permanent resident application. 

For information on all of the filing requirements and fees for a labor 

certification request with DOL, please visit that agency’s Web site at 

www.foreignlaborcert.doleta.gov.

Which employees may I file for? 

A U.S. employer may sponsor a prospective or current foreign 

national employee who is inside or outside the United States and 

who may qualify under one or more of the employment-based 

(EB) immigrant visa categories. The EB visa categories are divided 

into several preference categories. These EB visa categories are 

organized by occupational priorities as mandated by Congress. The 

first four of these EB visa categories are available to otherwise 

eligible foreign nationals sponsored by U.S. employers: 

EB-1 – Priority Workers

•	Aliens with extraordinary ability in the sciences, arts, education,

business, or athletics; 

•	Outstanding professors and researchers;

•	Multinational executives and managers.

EB-2 – Professionals With Advanced Degrees or Persons 

With Exceptional Ability

•	Aliens who, because of their exceptional ability in the sciences,

arts, or business, will substantially benefit the national economy, 

cultural, or educational interests or welfare of the United States; 

•	Aliens who are members of professions holding advanced

degrees or the equivalent.

EB-3 – Professional or Skilled Workers

•	Professionals with a baccalaureate degree;

•	Aliens capable of performing skilled labor (requiring at least 2

years of training or experience) for which qualified workers are

not available in the United States; 

•	Aliens capable of performing unskilled labor for which qualified

workers are not available in the United States. 

EB-4 – Special Immigrants

•	Religious workers;

•	Panama Canal Company Employees, Canal Zone Government

Employees, or U.S. Government in Canal Zone Employees;

•	Certain physicians;

•	Certain others.

What does the petition do for my employee? 

Filing a petition shows that you have the intent to hire the employee 

upon the approval of the petition. By proving that you will have 

an employer-employee relationship and that the employee has the 

necessary qualifications for the job, you provide the employee with 

a place in line among others waiting to immigrate based on the 

same kind of EB visa category. When the foreign national employee 

reaches the head of the line, he or she may be eligible to apply to 

immigrate to the United States. 

The foreign national’s place in line, known as a “priority date,” will 

be based on the date you file the labor certification with DOL or, if 

a labor certification is not required, the date your petition is filed 

with USCIS. For this reason, there is an advantage to filing as soon 

as you are certain that you wish to permanently employ the foreign 

national. 

How do I file for a current or prospective employee? 

You need to determine if the prospective or current employee meets 

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the criteria of one of the four preference categories shown above. 

For further information regarding these categories, please call 

Customer Service at 1-800-357-2099. Then, the process begins as 

follows: 

•	For category EB-1, file a Form I-140 with USCIS.

•	For categories EB-2 and EB-3, first file a labor certification

with the Department of Labor (DOL). Then with the approved 

labor certification, file a Form I-140 with USCIS. Note that, for 

category EB-2, the requirement for labor certification has been

waived for foreign nationals who qualify for a national interest 

waiver. 

•	For category EB-4, file a Form I-360, Petition for Amerasian, 

Widow(er), or Special Immigrant, with USCIS. 

After I file, how long will it take before the foreign 

national can immigrate? 

The combination of high demand and the limits set by law on how 

many people can immigrate each year under each category and 

from a particular country affects the waiting time. For some foreign 

nationals there may be no waiting period, while others may have a 

significant waiting period. 

Generally speaking, if a foreign national entered the United States

legally and is presently in the United States (and meets certain other 

requirements), he or she may be able to file an application to adjust 

to permanent resident status if the employment-based immigrant 

visa category for that foreign national is currently available.

For other foreign nationals who are on the visa waiting list, once the 

foreign national reaches the front of the line, the U.S. Department 

of State will contact and invite him or her to apply for an immigrant 

visa. If you are interested in the current waiting periods for visa 

numbers, see “Visa Bulletins” on the State Department’s Web site at 

www.travel.state.gov/visa. 

Please note: If you are immigrating to the United States and will 

be admitted as a lawful permanent resident, you must pay the $165 

USCIS Immigrant Fee. You pay this fee online through the USCIS 

Electronic Immigration System (USCIS ELIS). We strongly encourage 

you to pay this fee after you receive your immigrant visa packet 

from the U.S. Embassy or consulate abroad (including Canada and 

Mexico) and before you depart for the United States. Paying before 

you depart for the United States will ensure that you receive your 

Permanent Resident Card (commonly referred to as a Green Card)

without delay. Information about the fee can be found on our Web 

site at www.uscis.gov/immigrantfee.

What about the foreign national’s family? 

In most cases, when the foreign national’s place in line is reached 

and he or she applies to immigrate, the foreign national’s spouse 

and unmarried children under 21 can apply as dependents.

For example: You file a petition on behalf of a prospective 

employee. You cannot directly petition for the employee’s spouse 

and children. However, the employee’s spouse and children can 

apply for immigrant visas (or adjustment of status) at the same 

time as your prospective employee when the prospective employee 

reaches the front of the line. 

What happens after I file a petition on behalf 

of a current or prospective employee? 

If you file by mail, we will mail you a receipt to inform you that 

we have received your petition. If your petition is incomplete, not 

signed, or filled with incorrect fees, we may have to reject it, or ask 

you for more evidence or information, which will delay processing. 

Please send all required documents the first time to avoid 

delay. 

We will notify you when we make a decision. Normally, when 

we approve the petition, we will send it to the U.S. Department 

of State’s National Visa Center (NVC). Once the foreign national 

reaches the front of the line for a visa number, the NVC will 

notify you and the foreign national, inviting him or her and the 

qualifying dependents to apply for immigrant visas. You can get 

more information about immigrant visa processing from the State 

Department’s Web site at www.state.gov. 

How long will it take USCIS to process my petition?

Processing times depend on a number of factors. You can check out 

current processing times on our Web site. Once you file a petition, 

we will post an updated estimate of the processing time on the 

USCIS Web site.

Where can I find more information 

about this process?

For information on all filing requirements and fees for a labor 

certification request with the Department of Labor, please visit that 

agency’s Web site at www.dol.gov.

For specific information regarding each category or qualifying 

occupation, please refer to our Web site at www.uscis.gov, or call 

Customer Service at 1-800-357-2099.

Key Information

Key USCIS forms referenced 

in this guide

Form #

Immigrant Petition for Alien Worker I-140 

Petition for Amerasian, Widow(er), 

or Special Immigrant

I-360

Other U.S. Government Services–Click or Call

General

Information

www.usa.gov 1-800-333-4636

New 

Immigrants

www.welcometoUSA.gov

U.S. Dept. 

of State

www.state.gov

1-202-647-6575 www.travel.state.gov/

visa

U.S. Dept 

of Labor

www.foreignlaborcert.

doleta.gov

1-877-872-5627
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For more copies of this guide, or information 

about other customer guides, please visit 

www.uscis.gov/howdoi. 

You can also visit www.uscis.gov to 

download forms, e-file some applications, 

check the status of an application, and more. 

It’s a great place to start!

If you don’t have Internet access at home 

or work, try your local library. 

If you cannot find what you need, please call 

Customer Service at: 1-800-375-5283 

Hearing Impaired TDD Customer Service: 

1-800-767-1833

Disclaimer: This guide provides basic information 

to help you become generally familiar with our 

rules and procedures. For more information, or 

the law and regulations, please visit our Web 

site. Immigration law can be complex, and it is 

impossible to describe every aspect of every 

process. You may wish to be represented by 

a licensed attorney or by a nonprofit agency 

accredited by the Board of Immigration Appeals.