From H-1B to Green Card (2026): PERM, I-140, I-485 and Realistic Timelines

✓ The short answer

Most H-1B workers get a green card through their employer in three steps: PERM labor certification (Department of Labor), the Form I-140 immigrant petition (USCIS), and then Form I-485 adjustment of status, or an immigrant visa abroad, once the priority date is current. Korean nationals use the “All Chargeability” column of the Visa Bulletin. In the October 2026 bulletin, EB-2 cases with priority dates before January 1, 2025 and EB-3 cases before May 15, 2024 can be finalized. The PERM stage alone commonly takes about two years. Some workers can skip PERM through EB-1 or an EB-2 National Interest Waiver.

Key Facts (as of October 2026)

Step 1 — PERM: prevailing wage determination, a required recruitment test of the U.S. labor market, then Form ETA-9089 with the Department of Labor. The employer pays PERM costs; the worker may not. Step 2 — I-140: filed by the employer after PERM approval; premium processing is available; the PERM filing date becomes your priority date. Step 3 — I-485: filed when your priority date is current under the chart USCIS accepts that month; I-140 and I-485 can be filed together if the date is already current. October 2026 Visa Bulletin (All Chargeability, incl. South Korea): Final Action — EB-1 current, EB-2 01 Jan 2025, EB-3 15 May 2024; Dates for Filing — EB-2 15 Mar 2026, EB-3 01 Aug 2024. Dates change every month.

1. The Three Steps, in Order

Step	Who files	What it shows	What drives timing
PERM labor certification	Employer (DOL)	No qualified U.S. worker is available for the job at the prevailing wage	Prevailing-wage queue, the recruitment period, DOL review; audits add time
I-140 immigrant petition	Employer (USCIS)	The employer can pay the offered wage and you meet the job’s requirements	Premium processing is available
I-485 (or consular processing)	You (USCIS), or the National Visa Center and a U.S. embassy	You are eligible and admissible	Your priority date against the Visa Bulletin; USCIS processing times

The Department of Labor posts current PERM and prevailing-wage processing times at flag.dol.gov, and USCIS posts its times at egov.uscis.gov/processing-times. Each month, USCIS states which Visa Bulletin chart it accepts for I-485 filings at uscis.gov/visabulletininfo.

2. EB-2 or EB-3: Which Category?

EB-2 covers jobs that require an advanced degree, or a bachelor’s degree plus five years of progressive experience, and people of exceptional ability. EB-3 covers jobs that require a bachelor’s degree (professionals) or at least two years of training or experience (skilled workers). The job’s stated requirements, not only your résumé, decide the category.

The two categories move independently in the Visa Bulletin. When EB-3 dates move ahead of EB-2, some workers file a new EB-3 I-140 while keeping their original priority date (a “downgrade”). Whether that works depends on the PERM and the job, so it needs a case-by-case review.

3. Routes That Skip PERM

EB-1A (extraordinary ability) and EB-1B (outstanding professors and researchers). EB-1 is current for South Korea in the October 2026 bulletin.
EB-1C for multinational managers and executives, often relevant to Korean companies that transferred staff on an L-1. See H-1B vs. L-1 for Korean companies.
EB-2 National Interest Waiver (NIW): a self-petition with no employer sponsor and no PERM. See Employment-Based Immigration.

4. Keeping Your Status Safe While You Wait

Past the six-year H-1B limit: extensions are available in one-year increments once a PERM or I-140 has been pending for 365 days or more, or in three-year increments with an approved I-140 when your priority date is not yet current (AC21 §§104(c) and 106).
Family: your spouse and unmarried children under 21 keep H-4 status with you; an H-4 spouse may be eligible for an H-4 EAD (work permit) once your I-140 is approved or your H-1B is extended under AC21 §106. Watch for children approaching 21; the Child Status Protection Act (CSPA) helps in some cases.
Changing employers: before I-140 approval, a new employer generally has to restart PERM. Once an I-140 has been approved for 180 days, the priority date can usually be kept. Once an I-485 has been pending 180 days, you may be able to move to a “same or similar” job without restarting (INA §204(j), Form I-485 Supplement J).
Travel with a pending I-485: use advance parole, or re-enter on a valid H-1B visa while maintaining H-1B status. Leaving without either can be treated as abandoning the I-485.

5. Common Pitfalls

Job duties, title or work location changing so they no longer match the PERM.
Gaps in status, or unauthorized employment, before the I-485.
Family members aging out at 21.
Planning an H-1B visa stamp in Korea while PERM is pending without checking timing first. H-1B is a “dual intent” status, so a pending green card does not by itself bar the visa, but your history and the trip should be reviewed in advance.

For how this path compares with family sponsorship, see Employment vs. Family Green Card.

6. Frequently Asked Questions

How long does it take to go from H-1B to a green card in 2026?+

It depends on three things: how long PERM takes, how long the I-140 takes, and when your priority date becomes current. The PERM stage alone commonly takes about two years. South Korea uses the All Chargeability column of the Visa Bulletin; in October 2026 EB-2 is at January 1, 2025 and EB-3 at May 15, 2024 (Final Action). Dates change monthly, so no date can be promised.

Can I change jobs while my green card is in process?+

Before your I-140 is approved, a new employer generally has to start PERM again. Once an I-140 has been approved for 180 days, you can usually keep the priority date. Once your I-485 has been pending for 180 days, you may be able to move to a same or similar job without restarting (INA 204(j), Form I-485 Supplement J).

Can I stay on H-1B past six years?+

Often, yes. Under AC21 you may extend in one-year increments once a PERM or I-140 has been pending for 365 days or more, or in three-year increments with an approved I-140 when your priority date is not yet current.

Can I travel to Korea for an H-1B visa stamp while PERM is pending?+

Generally it is possible, because H-1B is a dual-intent status and a pending green card does not by itself bar the visa. Your immigration history and the timing of the trip should be reviewed before you go.

Is EB-2 or EB-3 faster for Korean nationals?+

It depends on the current Visa Bulletin; the two categories move independently. When EB-3 moves ahead of EB-2, some workers file a new EB-3 I-140 and keep their original priority date. Whether that works depends on the PERM and the job.

Do I need my employer for an EB-2 National Interest Waiver?+

No. An EB-2 NIW is a self-petition: no employer sponsor and no PERM are required. You must show that your work has substantial merit and national importance and that waiving the job-offer requirement benefits the United States.

Primary Sources

U.S. Department of State, Visa Bulletin for October 2026 — travel.state.gov
DOL Office of Foreign Labor Certification, processing times — flag.dol.gov
USCIS, Form I-140 and Form I-485 (incl. Supplement J) — uscis.gov/i-140, uscis.gov/i-485
USCIS, Adjustment of Status Filing Charts from the Visa Bulletin — uscis.gov/visabulletininfo
American Competitiveness in the Twenty-First Century Act (AC21), Pub. L. 106-313, §§104(c), 106; INA §204(j); 8 CFR 214.2(h)(13)(iii)(D)–(E)