Employment-Based Green Cards in the United States: Process, Challenges And Long-Term Planning
August 05, 2026
For many professionals working in the United States on temporary visas, the long-term goal is often permanent residence through an employment-based green card.
While categories such as:
allow foreign nationals to work in the U.S. temporarily, employment-based green card processes are often significantly more complex and can take several years to complete.
Because of lengthy government processing times and evolving immigration policies, long-term planning is often critical for both employers and employees.
How employment-based green cards work
Many employment-based green card cases involve multiple stages and different government agencies. For numerous EB-2 and EB-3 cases, employers must first complete the PERM Labor Certification process through the U.S. Department of Labor. This process is intended to confirm that there are no qualified and available U.S. workers for the offered position.
After successful completion of the PERM process, the employer may proceed with filing Form I-140 with U.S. Citizenship and Immigration Services (USCIS).
Depending on visa availability and processing times, the employee may later apply for:
- Adjustment of Status within the United States,
- or immigrant visa processing through a U.S. consulate abroad.
Why do delays and problems often occur during green card processes?
Employment-based green card cases are highly document-intensive and often involve long timelines.
Common issues include:
- delays in prevailing wage determinations,
- recruitment-related problems during PERM,
- inconsistencies in job descriptions,
- insufficient proof of qualifications,
- changes in employment circumstances,
- or delays caused by visa retrogression and annual quota limits.
For multinational executives and managers, USCIS may also closely review:
- corporate structures,
- operational responsibilities,
- staffing levels,and the relationship between international entities.
Why employers and employees should plan their U.S. stay early
One of the most common mistakes is waiting too long to begin green card planning. For example, employees in H-1B status may eventually face maximum stay limitations, while companies may need long-term certainty regarding key personnel and workforce planning. Early preparation can help address:
- immigration timing issues,
- document collection,
- family planning considerations,
- travel flexibility,
- and future work authorization needs.
Employment-based immigration strategy is often closely connected to broader business, relocation, and long-term mobility planning.
When should legal guidance be considered when applying for a green card?
Legal guidance may be particularly helpful:
- for companies sponsoring international employees,
- multinational executives,
- highly skilled professionals,
- National Interest Waiver (NIW) applicants,
- prior immigration complications,
- or long-term relocation planning to the United States.
WINHELLER assists in legal matters regarding green cards
WINHELLER’s U.S. Desk supports employers and international professionals with employment-based immigration planning, PERM Labor Certification, Form I-140 petitions, and broader U.S. immigration matters.
If you have questions regarding employment-based green cards or long-term U.S. immigration planning, our team would be happy to assist you!
Advice on the green card process
We are happy to assist you with the entire application process! Feel free to contact us directly with any questions you may have. The best way to reach us is by e-mail (info@visum-usa.com) or by phone (+49 69 76 75 77 85 26).
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