Employment-Based Green Cards in South Dakota in SD… | CGMIMM
Immigration · SD
Employment-Based Green Cards in South Dakota
South Dakota employment-based green cards (EB-1, EB-2, EB-3) require employer sponsorship via PERM labor certification + immigrant petition + adjustment of status — country-specific backlogs significant.
Published May 9, 2026
## Employment-based green cards in South Dakota
**Employment-based (EB) green cards** allow foreign workers to obtain US permanent residency through employer sponsorship. South Dakota employers + foreign workers navigate a multi-year process with country-specific backlogs.
## Five categories
**EB-1: Priority workers (no PERM required):**
**1A: Extraordinary ability**
- Sustained national / international acclaim
- Top of field (1% or so)
- No employer sponsorship required
- Self-petition possible
- Specific evidence requirements
**1B: Outstanding professors / researchers**
- 3+ years experience
- International recognition
- Tenured / tenure-track or specific research
- Employer sponsorship
**1C: Multinational executives / managers**
- 1+ year managerial experience abroad
- Coming to US to manage / direct
- Specific corporate relationship
**EB-2: Advanced degree / exceptional ability:**
- Master's degree (or bachelor's + 5 years progressive experience)
- OR exceptional ability in sciences, arts, business
- PERM required (typically)
- National Interest Waiver (NIW) skips PERM in some cases
**EB-3: Skilled / professional / unskilled workers:**
**Skilled:**
- 2+ years training / experience
- Permanent position
**Professional:**
- Bachelor's degree
- Standard professional position
**Unskilled (other workers):**
- Less than 2 years training
- Most backlogged category
- Limited annual numbers
**EB-4: Special immigrants:**
- Religious workers
- Certain government employees
- Specific categories
- Specific procedures
**EB-5: Investors:**
- Investment $800K-$1.05M
- Job creation
- See EB-5 visa guide
## PERM labor certification (Step 1)
**For EB-2 + EB-3 typically:**
**Purpose:**
- Test US labor market
- Show no qualified US worker available
- Department of Labor approval
- 6-12 month process typical
**Requirements:**
- Specific recruitment procedures
- Newspaper / online ads
- State workforce notice
- Internal employer notice
- Specific period
- Document recruitment efforts
- Specific salary requirements (prevailing wage)
**Prevailing wage:**
- DOL determines
- Specific to position + geography
- Wage levels I-IV
- Must offer at least this
**Audit risk:**
- DOL audits some cases
- Specific document requests
- Adds time + complexity
- Standard process
## I-140 immigrant petition (Step 2)
**Filed by employer:**
**Documentation:**
- Approved PERM (if required)
- Employee qualifications
- Employer ability to pay
- Specific position evidence
- Beneficiary qualifications
**Processing:**
- 6-12 months typical
- Premium processing available ($2,805)
- 15-day decision with PP
- Establishes priority date
## I-485 adjustment of status (Step 3)
**For applicants in US:**
- File when priority date current
- $1,440 filing fee
- Includes work + travel authorization
- 6-24 months processing typically
- Specific eligibility requirements
**Concurrent filing:**
- I-140 + I-485 together when possible
- Available when priority date current
- Specific conditions
- Strategic benefit
**Adjustment requires:**
- Continuous lawful status
- No bars to adjustment
- Specific eligibility
- Medical exam
- Background checks
## Consular processing alternative
**For applicants outside US:**
- Apply at US embassy/consulate
- Different procedures
- Specific timing
- Different costs
- Specific risks (visa denial)
## Country-specific backlogs
**MAJOR issue for some countries:**
**India:**
- EB-2: 50+ year wait
- EB-3: 30+ year wait
- Specific to category
- Significant problem
- Multiple recent attempts at reform
**China:**
- EB-2: 5-10 year wait
- EB-3: 5-10 year wait
- Specific to category
- Less severe than India
**Other countries:**
- Generally 1-3 years
- Sometimes current
- Specific to category + month
## Visa Bulletin
**Monthly publication:**
- Tracks priority date movements
- Specific to country + category
- Filing dates vs final action dates
- Strategic planning
- USCIS adopts which to use monthly
## Strategy
**Choose category strategically:**
**EB-1 advantages:**
- No PERM required
- Generally current priority date
- Faster overall
- High evidence bar
**EB-2 considerations:**
- PERM required (except NIW)
- Significant backlog for India / China
- NIW alternative
- Specific qualifications
**EB-3 considerations:**
- Most backlogged
- Generally less expensive PERM
- Sometimes only path
- Long wait for some countries
## National Interest Waiver (EB-2 NIW)
**Skips PERM:**
**Requirements (Matter of Dhanasar):**
1. Endeavor of substantial merit + national importance
2. Well-positioned to advance the endeavor
3. On balance, beneficial to US to waive PERM
**Common for:**
- Researchers + scientists
- Entrepreneurs
- Specific professionals
- Specific fields
**Self-petition possible:**
- No employer required
- Significant flexibility
- Strong evidence required
## Schedule A (avoiding PERM)
**Specific occupations:**
- Nurses (RNs)
- Physical therapists
- Occupational therapists
- Some others
**Skip PERM:**
- Pre-certified by DOL
- File I-140 directly
- Faster process
## Maintaining status during process
**Critical:**
- Maintain underlying nonimmigrant status
- H-1B (most common)
- L-1, O-1, etc.
- AC21 portability for H-1B
- Specific provisions
**AC21 portability:**
- Change jobs after I-140 approved + I-485 pending 180+ days
- Same / similar occupation
- Specific procedures
- Significant flexibility
## Common issues
**RFEs (Request for Evidence):**
- Common in EB cases
- Specific issues
- Response deadlines
- Strategic responses
**Job changes:**
- During process
- AC21 considerations
- May need new PERM
- Strategic timing
**Employer issues:**
- Layoffs
- Company changes
- Specific complications
- Continuation strategies
**Maintaining position:**
- Same job after green card
- Specific time period
- Future I-140 issues
## Costs
**Total typical:**
**EB-2/3 with PERM:**
- PERM: $5,000-$15,000
- I-140: $2,000-$5,000
- I-485: $3,000-$8,000
- Total: $10,000-$30,000+
**EB-1:**
- I-140: $5,000-$10,000
- I-485: $3,000-$8,000
- Total: $8,000-$20,000+
**Plus USCIS fees:**
- I-140: $700
- I-485: $1,440
- I-765: $410
- I-131: $575
- Total fees: $3,000-$5,000+
## Recent developments
**Issues + trends:**
**Country backlogs:**
- Continuing problem
- Reform efforts
- Specific legislation proposed
- HR.4406 (per-country cap removal)
**Processing times:**
- Often longer than published
- Specific service centers
- Premium processing for I-140
- Specific to categories
**STEM emphasis:**
- Some preferences for STEM
- Schedule A expansion proposals
- O-1 adjacent options
- Specific industries
## Strategic considerations
**For employers:**
- Plan early (5+ years before retiring foreign worker)
- Consider EB-1 for top talent
- Document throughout
- Specific PERM strategy
- Long-term commitment
**For employees:**
- Plan financially for long process
- Maintain documentation
- Consider parallel paths
- Specific country-of-birth implications
- Strategic AC21 considerations
## What you should do
If you're a South Dakota employer or foreign worker pursuing employment-based green card: hire experienced immigration attorney — process is technical + multi-year. Most South Dakota immigration attorneys handle EB cases. Plan financially. Specific country-of-birth implications major. Multiple paths often available.
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*This guide is general information about US federal immigration law as of mid-2026 and is not legal advice. EB green cards are technical. Talk to a licensed immigration attorney about your specific situation.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.