In 2026, delaying Green Card sponsorship until Year 4 can now create immigration and timing risks for H‑1B professionals. Starting in Year 2 is supported by updated policies and real‑world backlogs. For many workers, “wait and see” no longer fits the clock. Year 2 planning is also legally allowed.
The H‑1B classification is “dual‑intent,” which means a person may pursue permanent residence without violating H‑1B status. Federal regulation confirms there is no required waiting period before sponsorship begins. One commonly cited provision is 8 CFR 214.2(h)(16)(i).
What “starting the Green Card process” means (and what it does not)
“Starting” does not mean filing the I‑140 first. It means beginning the Department of Labor steps that come before any immigrant petition can be filed. Here is the plain‑language map:
- Prevailing Wage Determination (PWD): The employer asks DOL for the minimum required wage for the job. This is typically done through the DOL FLAG System.
- PERM Labor Certification: The employer runs recruitment and files the PERM application with DOL to show there are no able, willing, qualified, and available U.S. workers for the role at the required wage.
- I‑140: After PERM approval, the employer files the I‑140 immigrant petition with USCIS (often called the “third stage”).
- Priority Date: The worker’s line position is typically the Priority Date (established on PERM filing). That date can matter for years.
A common myth is that the Green Card process “begins” only after I‑140 approval. In practice, the clock starts earlier, because PWD and PERM are the longest and least flexible parts.
In a USCIS Newsroom statement dated January 1, 2026, USCIS spokesperson Matthew Tragesser said:
“Our goal is to prioritize high‑skilled, high‑paid foreign workers who demonstrate a long‑term commitment to contributing to America’s greatness. We encourage employers to follow proper legal channels for sponsorship from the outset of employment” (USCIS Newsroom, January 1, 2026).
Readers can find USCIS announcements at USCIS Newsroom.
2025 vs 2026: why Year 2 looks different now
The “Year 4 start” idea came from an older era of faster processing and lower financial pressure. 2026 adds new selection rules, higher costs, and longer waits. The table below summarizes key contrasts and the impact for starting in Year 2.
Table 1: 2025 vs 2026 context and recommended timeline
| Aspect | 2025 Context | 2026 Context/Policy | Impact for Year 2 Start |
|---|---|---|---|
| PERM processing | Average 472 days (about 15.5 months) in many cases | Backlogs remain a major constraint; delays can stack with audits | Year 2 start gives time to absorb PERM delays before the six‑year H‑1B limit |
| PWD timing | Often months long | PWD: 8–12+ months in many cases | Waiting to start PWD until Year 4 can consume most remaining H‑1B time |
| Total DOL pre‑I‑140 time | Manageable for some employers | PWD + PERM: 18–24 months is now common | Year 2 planning is often the difference between filing I‑140 in time or not |
| H‑1B selection rule | Lottery‑based cap selection | Weighted selection effective February 27, 2026 | Raises the stakes of job stability and long‑term planning after selection |
| Government rulemaking | Fewer major changes | DHS Final Rule dated December 23, 2025 | Policy shifts add uncertainty; earlier Green Card steps can reduce future deadline pressure |
| Employer cost environment | High, but more predictable | New attention on high‑wage filings and added fees, including a $100,000 H‑1B supplemental fee for new cap‑subject petitions | Employers may become more cautious; workers benefit from early internal alignment on sponsorship |
Why Year 4 can be too late in 2026
Start with the math. Many H‑1B professionals face a six‑year maximum in H‑1B status, unless they qualify for extensions under laws such as AC21. Those extensions often depend on hitting milestones by specific dates.
DOL steps now take real time:
- PWD: 8–12+ months in many cases
- PERM: 6–12+ months in many cases, and longer if audited
- Combined, 18–24 months is a reasonable planning estimate
A Year 4 start can run straight into the six‑year ceiling. That creates several avoidable risks:
- Running out of time to finish PERM before the H‑1B time ends
- Missing the chance to use AC21 extensions beyond six years
- Needing to depart the United States while the employer still wants the person employed
- Losing time advantages tied to the Priority Date (established on PERM filing), if the process never reaches a filing
⚠️ Starting in Year 4 in 2026 carries high immigration risk due to backlogs and new fees/rules; start in Year 2 when possible.
How the 2026 policy changes affect timing and risk
Two 2026 developments shape how employers and workers think about long‑term planning.
1) H‑1B weighted selection rule (effective February 27, 2026)
A DHS Final Rule dated December 23, 2025 moves H‑1B cap selection away from a pure random lottery and toward a weighted system. In general, higher wage levels (often Levels III and IV) are expected to have better odds.
This change does not directly alter PERM rules. Still, it may influence employer behavior: some companies may focus sponsorship resources on roles that fit the “higher‑paid, higher‑skilled” model.
2) The $100,000 H‑1B supplemental fee and related cost pressure
A $100,000 supplemental fee for new cap‑subject H‑1B petitions changes budgets fast. Even when the fee does not apply to a specific employee, it can tighten overall hiring and immigration spending.
Cost pressure can lead to slower internal approvals for Green Card cases. That delay often happens before any filing is made. Starting in Year 1 or Year 2 gives more time for business‑side decisions.
Gold Card discussion
Early January 2026 reports have also discussed a possible “Gold Card” concept for certain EB‑1 and EB‑2 candidates who pay premium fees and undergo strict vetting. It is not a standard path most H‑1B professionals can count on. For many workers, PERM‑based planning remains the practical baseline.
A practical timeline that matches today’s backlogs
Time planning works best when it is simple. Think of the process like boarding a long flight: you do not show up at the gate when boarding ends — you arrive early because security lines can surge.
A commonly used 2026 sequence looks like this:
- Year 1–2: File Prevailing Wage Determination (PWD) and prepare PERM recruitment.
- Year 2–3: File PERM Labor Certification (Priority Date is typically set here).
- Year 3–4: File the I‑140 with USCIS, then seek approval when possible.
Once the I‑140 is approved, many H‑1B professionals may have a stronger basis to seek H‑1B time beyond six years under AC21 rules, depending on individual facts and timing.
✅ Employer should initiate PWD and PERM promptly in Year 1–2 and prepare for I‑140 in Year 3–4.
Employer sponsorship is required, but early timing is still allowed
PERM‑based cases are employer‑driven. The worker cannot file PERM alone. That reality sometimes fuels the “Year 4” myth, because employers may prefer to delay costs.
U.S. law does not require that delay. With a bona fide job offer and proper wage and recruitment compliance, an employer may start sponsorship in Year 1 or Year 2. For H‑1B professionals, early agreement is often as important as legal eligibility.
Where to check official updates
- USCIS announcements: USCIS Newsroom
- USCIS case tools: USCIS Case Status Online and myUSCIS
- DOL processing and timing data: DOL FLAG Processing Times
This article discusses immigration processes and policy changes as of 2026; it should include qualified language and note that individual circumstances vary. Advice is informational and not legal counsel; readers should consult an attorney for personalized guidance.
As of 2026, the strategy for H-1B to Green Card transitions has shifted toward earlier intervention. Due to cumulative delays in DOL processing times reaching two years, professionals are advised to start PWD and PERM steps by Year 2. This proactive approach mitigates risks associated with the six-year H-1B limit and ensures eligibility for AC21 extensions, even amidst new high-fee environments and weighted selection rules.
