Immigration Attorney AMA: PERM Labor Certification, EB-3 vs EB-2, and I-140 Protection 2026

An immigration attorney took to Reddit's r/greencard community to field questions from green card applicants navigating the complex employment-based immigration process. The session covered key topics including PERM labor certification requirements, the differences between EB-2 and EB-3 visa categories, and the protections afforded by an approved I-140 petition. Applicants asked about the PERM process, which requires employers to demonstrate that no qualified U.S. workers are available for the position before sponsoring a foreign national. The attorney addressed common concerns around audit risk, prevailing wage determinations, and timelines under current Department of Labor processing conditions. The Q&A also touched on the EB-3 priority date and I-140 protection — a critical concern for applicants whose sponsoring employers may close or change structure. An approved I-140 can offer portability benefits under AC21, allowing applicants to change employers after 180 days without losing their priority date. For EB-3 applicants specifically, the session highlighted the distinction between skilled and unskilled worker subcategories and how each affects visa bulletin cutoff dates and overall wait times. With US tightening green card rules in 2026, understanding these distinctions has become increasingly important. This type of community-led legal education provides valuable guidance for applicants who may not have direct access to immigration counsel, though participants were reminded that responses do not constitute formal legal advice and individual cases should always be reviewed by a licensed attorney.