--- title: Sponsor an Immigrant Worker Through an Employment-Based Visa | My Visa Source description: Ever wonder how an Employment-Based Visa works in the United States? This post details the questions that you probably have about the process and the forms needed. Click here. image: https://www.myvisasource.com/hubfs/logo-for-facebook2.png --- [![ClickCease](https://monitor.clickcease.com/stats/stats.aspx)](https://www.clickcease.com) [###### Planning on entering the United States or Canada this year or in 2027? Avoid potential issues by consulting with a licensed immigration professional. 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More From My Visa Source [ Immigration Tools ](https://www.myvisasource.com/tools/) [ Express Entry CRS Calculator ](https://www.myvisasource.com/canadian-immigration/permanent-residence/express-entry/ee-crs-chatbot/) [ Language Point Calculator ](https://www.myvisasource.com/tools/ielts-celpip-tef-calculator/) [Twitter](https://twitter.com/MyVisaSource) [Facebook](https://www.facebook.com/MyVisaSource) [LinkedIn](https://www.linkedin.com/company/my-visa-source-law-mdp) US Immigration News # Sponsor an Immigrant Worker Through an Employment-Based Visa 4 minute read "Coming to the US on an employment-based visa is a complex and difficult process. Most people do not have a clear idea of the different available employment-based visas, their eligibility requirements, and the application process. However, if you are planning on immigrating to the US for work, then it's best to know how to gain US Permanent Resident status." Written by My Visa Source Team Published on:  Jul 13, 2021 ![us immigration legal documents green card and us flag my visa source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/200kb/us-immigration-legal-documents-green-card-and-us-flag-my-visa-source-200kb.jpg) Begin your immigration journey now Click and fill out a free online assessment to see how we can help you. It takes less than 1 minute to fill out. [Free Assessment▸ ](https://www.myvisasource.com/free-assessment) Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions. [Call Us Now▸ ](tel:1-888-509-1987) Recommended For You Author info: Coming to the US on an employment-based visa is a complex and difficult process. Most people do not have a clear idea of the different available [employment-based visas](https://www.myvisasource.com/usa-immigration/us-work-visas/), their eligibility requirements, and the application process. However, if you are planning on immigrating to the US for work, then it's best to know how to gain US Permanent Resident status.  ## **What Is the Process to Obtain US Permanent Residence Through An Employment-Based Visa?** The general process to [obtain US permanent residence](https://www.myvisasource.com/usa-immigration/permanent-residence-green-card/) through an employment-based visa involves the following steps: ### **Obtaining PERM/Labor Certification:**  The first step to gain an employment-based visa is to complete a labor certification application, also known as, Program Electronic Review Management (PERM). This process takes anywhere from 6 months to a year based on where and when your case was filed. ### **Filing Petition I-140:**  The next step is to get approval on your Form I-140, Immigrant Petition for Alien Workers from the US Citizenship and Immigration Services (USCIS). This petition usually takes up to 8 months to be processed, however, your employer can file for premium processing to get a decision within 15 days of the application being submitted.  ### **Filing Form I-485:**  The final step in this process is to apply for permanent resident status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.  If approved, you will be allowed to adjust your status from a nonimmigrant to a US permanent resident. Based on the type of your employment-based visa, you will be required to file a different form to adjust your status. If you have applied for an [EB-2 Visa](https://www.myvisasource.com/usa-immigration/us-work-visas/eb-2/) or [EB-3 Visa](https://www.myvisasource.com/usa-immigration/us-work-visas/eb-3/), then your US employer has the option of filing both Form I-140 and I-485 at the same time. Filing both forms simultaneously makes you eligible for filing Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document with no additional fee. ### Subscribe to our magazine to stay up to date with Immigration news ## **What Is the Process to Gain PERM Labor Certification?** The PERM/Labor Certification attests to the fact that there was no U.S worker available to fill the position being offered to the foreign worker. The process to gain PERM certification requires the US employer to make recruitment efforts for the position offered to the foreign worker to demonstrate that they were unable to find a qualified US worker. The US employer must file a labor certification application to the US Department of Labor (DOL) online to provide necessary information about the job and remuneration being offered based on the prevailing wage rate. The DOL will then provide a “prevailing wage determination” to make sure that the worker is being paid fairly. Only after the employer has received this certification, then they can begin recruitment advertising for the position. It is the employer’s responsibility to ensure that the advertised position contains all the relevant information including the job description and the prevailing wage determination as issued by the DOL. This process can take anywhere from 4 to 6 months. The employer must also wait for a month after the last advertisement has been made to file the PERM application. ## **What Is the Process to File Form I-140, Immigrant Petition for Alien Workers?** Once your employer has an approved PERM Labor Certification, they must file the original application with the case filing to the USCIS. The employer must also ensure the USCIS that they are paying the prevailing wage determined by the DOL to the employee. If the employee is not being paid currently, then the employer must demonstrate their ability to pay the prevailing wage in the future. This can be done by providing their corporate tax returns or any other financial documents that support their ability to pay the prevailing wage eventually. Your employer can file Form I-140 with the USCIS once all the documents are in order. This form can take up to a year to be processed, however, you can also request premium processing within 15 days for an additional fee.  ## **How to File Form I-140 and I-485 At the Same Time?** If you have a current priority date on the Visa Bulletin, then you can file Form I-140 and I-485 at the same time, given you have applied for EB-2 or EB-3 visa categories. If your visa category is not available at the moment, then you will have to file Form I-140 initially and wait for it to be processed. Once your priority date becomes current, meaning that your visa is available, then you can file Form I-485 at your nearest US consulate or with the USCIS if you are residing in the US. If you file both at the same time, then it takes over 25 months to be processed. If you have already filed Form I-485, then you have the option of applying for temporary work authorization by filing Form I-765, Application for Employment Authorization. Questions About Immigration? My Visa Source Has Answers. My Visa Source stays updated on all immigration news and announcements across Canada and the United States, including sudden changes in government law. Our legal solutions help individuals, families, businesses and investors from North America and around the globe. Get The Personalized Help That You Need and Deserve! Securing personalized legal help is quick and simple. Begin with our one-minute online immigration assessment form or call us toll-free at 1-888-509-1987. Book a personal consultation to speak with an award-winning immigration lawyer either in person, over the telephone, or through a video conference. We're open 6am-9pm PST & EST, 7 days a week and are ready for in person, phone, and video consultations. [ Book a Consultation ](https://www.myvisasource.com/book-a-consultation) [ Free Assessment ](https://www.myvisasource.com/free-assessment) ![US Flag](https://www.myvisasource.com/hubfs/3d%20Model%20Stills/Service%20Page%20compressed/usFlag5_trimmed.webp) Latest Articles from Immigration Magazine [![new-normal-spelled-with-blocks-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/new-normal-spelled-with-blocks-my-visa-source-50kb.jpg) US Immigration President Biden Reverses Trump’s Ban on Legal Immigration US President Joe Biden issued an executive order to end the Trump Immigration Restrictions on new Green Cards on March 1, 2021.Former US President Donald Trump halted 4 types of immigration visas including the issuing of Green Cards as a measure to protect the US job market for US citizens. ](https://www.myvisasource.com/blog/usa/biden-reverses-trumps-ban-legal-immigration) [![woman-working-at-desk-on-laptop-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/woman-working-at-desk-on-laptop-my-visa-source-50kb.jpg) US Immigration 9 Paths to Legally Work in the US for Foreign Nationals in 2021 ](https://www.myvisasource.com/blog/usa/work-legally-united-states-2021) Thousands of skilled workers all over the world seek to immigrate to the United States for better job opportunities and a higher standard of life.Based on your skills and experience, financial resources and purpose for immigrating, the US government offers several immigration pathways for foreign workers. [![cartoon-action-plan-checklist-on-clipboard-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cartoon-action-plan-checklist-on-clipboard-my-visa-source-50kb.jpg) US Immigration President Biden’s 8 Year Plan in Immigration Policy and Plan ](https://www.myvisasource.com/blog/usa/bidens-immigration-policy-plan) Only after a week of taking office, US President Joe Biden introduced a comprehensive immigration agenda to be referred to Congress. This new plan seeks to “restore humanity and American values to the US immigration system. OVER A DECADE, WE’VE DEMOCRATIZED AND SIMPLIFIED IMMIGRATION. IT’LL TAKE LESS THAN 1 MINUTE TO FILL OUR ONLINE ASSESSMENT AND A TEAM MEMBER WILL FOLLOW UP WITH YOU. [Get Started](https://www.myvisasource.com/free-assessment) [![hands-holding-hourglass-in-the-sunlight-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/hands-holding-hourglass-in-the-sunlight-my-visa-source-50kb.jpg) US Immigration 5 Tips to Speed Up Your US Immigration Processing ](https://www.myvisasource.com/blog/usa/ways-speed-up-your-usa-immigration-processing) If you are planning to immigrate to the United States, then the paperwork alone can seem overwhelming. The US immigration process involves long and complicated steps and requires an in-depth understanding of the process to submit a successful application. [![lots-of-thumbs-up-gestures-for-higer-wages-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/lots-of-thumbs-up-gestures-for-higer-wages-my-visa-source-50kb.jpg) US Immigration H-1B Selection Process Changes by Prioritize Wages ](https://www.myvisasource.com/blog/usa/h-1b-selection-process-changed-prioritize-wages) The US Citizenship & Immigration Services (USCIS) announced on January 7, 2021, concerning a final rule change in the H1-B Visa cap selection process. The USCIS announced that the final rule will affect the selection process of lottery procedures and will prioritize wages to protect the interests of US workers. [![cross-section-of-usa-visa-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cross-section-of-usa-visa-my-visa-source-50kb.jpg) US Immigration US Employment-Based Visas for Foreign Permanent Workers ](https://www.myvisasource.com/blog/usa/employment-based-visa-permanent-workers) Do you want to move to the United States for permanent work? Are you confused about where to start? The US government offers a set of Employment-Based Visa programs for foreign workers who want to immigrate to the US. [![female-nurse-happy-and-excited-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/female-nurse-happy-and-excited-my-visa-source-50kb.jpg) US Immigration Immigration to the United States as a Nurse ](https://www.myvisasource.com/blog/usa/immigration-usa-as-nurse) Are you a professional and experienced nurse looking to immigrate to the United States? The US is always looking for well-experienced healthcare workers, especially workers to fill the shortage in their local labor markets. [![medical-technician-working-over-microscope-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/medical-technician-working-over-microscope-my-visa-source-50kb.jpg) US Immigration How to Immigrate to the US as a Medical Technologist ](https://www.myvisasource.com/blog/usa/immigrating-usa-as-medical-technologist) Are you a professional medical technologist wanting to immigrate to the United States? Are you confused about where to begin?The US is one of the most developed countries in the world with thriving job opportunities. The US considers people working in the medical profession as highly skilled workers. [![cheerful-construction-workers-discussing-work-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cheerful-construction-workers-discussing-work-my-visa-source-50kb.jpg) US Immigration How to Immigrate to the US as a Construction Worker ](https://www.myvisasource.com/blog/usa/immigrating-usa-as-construction-worker) The United States is a popular destination for foreign workers looking to achieve a higher standard of life. Thousands of immigrants travel to the US in the hope to achieve the American dream and a better lifestyle.This is not limited to only skilled foreign workers. Millions of immigrant workers from all over the world come to the US for low-wage and semi-skilled jobs. [![new-normal-spelled-with-blocks-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/new-normal-spelled-with-blocks-my-visa-source-50kb.jpg) US Immigration President Biden Reverses Trump’s Ban on Legal Immigration US President Joe Biden issued an executive order to end the Trump Immigration Restrictions on new Green Cards on March 1, 2021.Former US President Donald Trump halted 4 types of immigration visas including the issuing of Green Cards as a measure to protect the US job market for US citizens. ](https://www.myvisasource.com/blog/usa/biden-reverses-trumps-ban-legal-immigration) [![woman-working-at-desk-on-laptop-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/woman-working-at-desk-on-laptop-my-visa-source-50kb.jpg) US Immigration 9 Paths to Legally Work in the US for Foreign Nationals in 2021 ](https://www.myvisasource.com/blog/usa/work-legally-united-states-2021) Thousands of skilled workers all over the world seek to immigrate to the United States for better job opportunities and a higher standard of life.Based on your skills and experience, financial resources and purpose for immigrating, the US government offers several immigration pathways for foreign workers. [![cartoon-action-plan-checklist-on-clipboard-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cartoon-action-plan-checklist-on-clipboard-my-visa-source-50kb.jpg) US Immigration President Biden’s 8 Year Plan in Immigration Policy and Plan ](https://www.myvisasource.com/blog/usa/bidens-immigration-policy-plan) Only after a week of taking office, US President Joe Biden introduced a comprehensive immigration agenda to be referred to Congress. This new plan seeks to “restore humanity and American values to the US immigration system. [![hands-holding-hourglass-in-the-sunlight-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/hands-holding-hourglass-in-the-sunlight-my-visa-source-50kb.jpg) US Immigration The Provincial Nominee Program (PNP) in 5 Easy Steps ](https://www.myvisasource.com/blog/usa/ways-speed-up-your-usa-immigration-processing) If you’re considering coming to Canada and aren’t sure which immigration class makes the most sense for you, consider the Provincial Nominee program (PNP). While the immigration process in general is confusing, the PNP doesn’t have to be. Read on to learn about the five easy steps it takes to immigrate to Canada through the PNP - our Toronto lawyers can help. [![lots-of-thumbs-up-gestures-for-higer-wages-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/lots-of-thumbs-up-gestures-for-higer-wages-my-visa-source-50kb.jpg) US Immigration H-1B Selection Process Changes by Prioritize Wages ](https://www.myvisasource.com/blog/usa/h-1b-selection-process-changed-prioritize-wages) The US Citizenship & Immigration Services (USCIS) announced on January 7, 2021, concerning a final rule change in the H1-B Visa cap selection process. The USCIS announced that the final rule will affect the selection process of lottery procedures and will prioritize wages to protect the interests of US workers. [![cross-section-of-usa-visa-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cross-section-of-usa-visa-my-visa-source-50kb.jpg) US Immigration 4 Reasons Your Visa Application is Taking Longer Than Expected ](https://www.myvisasource.com/blog/usa/employment-based-visa-permanent-workers) Waiting is often the hardest part of applying for one of Canada’s many immigration and visa programs. Since the process is complicated, many reasons exist that could be causing a delay. These four reasons are among the top culprits that make applications take longer than expected. [![female-nurse-happy-and-excited-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/female-nurse-happy-and-excited-my-visa-source-50kb.jpg) US Immigration Can I Work While Under A Canadian Visitor Visa? ](https://www.myvisasource.com/blog/usa/immigration-usa-as-nurse) Similar to the United States, Canada protects itself against labour problems by generally not allowing visitors to work under work permits. As such, most people will be unable to apply for a work permit while in the country for vacation or to visit family. [![medical-technician-working-over-microscope-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/medical-technician-working-over-microscope-my-visa-source-50kb.jpg) US Immigration Immigration to Canada from Pakistan ](https://www.myvisasource.com/blog/usa/immigrating-usa-as-medical-technologist) One appealing characteristic of Canada is that it is a truly multicultural country. This can make it easy for newcomers to settle here, which is why many people consider immigrating to Canada from all corners of the world. [![cheerful-construction-workers-discussing-work-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cheerful-construction-workers-discussing-work-my-visa-source-50kb.jpg) US Immigration How to Immigrate to the US as a Construction Worker ](https://www.myvisasource.com/blog/usa/immigrating-usa-as-construction-worker) The United States is a popular destination for foreign workers looking to achieve a higher standard of life. Thousands of immigrants travel to the US in the hope to achieve the American dream and a better lifestyle.This is not limited to only skilled foreign workers. Millions of immigrant workers from all over the world come to the US for low-wage and semi-skilled jobs. 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Choose an award-winning team to provide solutions for your immigration challenges.", "2017 - 2020 - Top Choice Award - Top Immigration Law Services", "2016 - 2018 - Corporate LiveWire - Corporate Immigration Law Team of the Year in Canada", "2015 - 2020 - Three Best Rated - Best Immigration Firm", "2015 - 2019 - AI Legal Awards - Leading Immigration Law Firm - Canada", "2016 - Global Law Experts - Corporate Immigration Law Firm of the Year in Canada", "2015 & 2016 - Global Law Experts - Recommended Firm", "2015 & 2016 - Legals Finest - Client Choice - Corporate Immigration Law Award in Canada" ], "image" : "https://www.myvisasource.com/hs-fs/hubfs/my-visa-source-compressed.png", "name" : "My Visa Source", "sameAs" : [ "https://www.facebook.com/MyVisaSource", "https://www.linkedin.com/company/my-visa-source-law-mdp", "https://twitter.com/MyVisaSource" ], "telephone" : "+1-888-509-1987", "url" : "https://www.myvisasource.com/" } ```