Permanent Residency (Green Card) through Employment
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Get a Green Card Through Employment: Eligibility & Application Guide

Employment-Based Green Cards

If you are an employer seeking to attract talent to the United States or an individual wanting to immigrate to the United States based on your work qualifications, an employment-based green card might be the right solution. The current immigration policy imposes a cap of 140,000 on employment-based immigrant visas (Green Cards), which are divided into five preference categories. The most common include the EB-1 Green Card for applicants with extraordinary ability, the EB-2 Green Card for those with an advanced degree, and the EB-3 Green Card for Skilled Workers, Professionals, and Other Workers.

EB-1 Priority Workers

The EB-1 Green Card category is for applicants with extraordinary abilities in the sciences, arts, education, business, or athletics, outstanding professors and researchers, or multinational managers and executives.

This category does not require a PERM Labor Certificate from the Department of Labor (a preliminary requirement for the other two categories). And can be filed independently without a U.S. employer sponsor.

To be eligible for an EB-1 Green Card as a Priority Worker, one must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

To apply for an EB-1 Green Card as an Outstanding Professor or Researcher, you must demonstrate international recognition for your exceptional achievements in a particular academic field. In addition, to apply under this category, you must have at least three years of experience in teaching or research in that academic area. You must also enter the United States to pursue tenure or tenure track teaching or a comparable research position at a university, higher education institution, or private employer.

To apply for an EB-1 Green Card under the Multi-State Manager or Executive classification, you must show that you have been employed outside the United States for at least one year in the three years preceding the petition for the U.S. petitioning employer. The petitioner must have been doing business for at least one year, have a qualifying relationship to the entity for which you (the employee) worked outside the U.S., and intend to employ you in a managerial or executive capacity.

For more information and EB-1A Green Card services, we invite you to consult our expert professional attorney to help guide you through the process.

EB-2 Advanced Degrees or Exceptional Ability

The EB-2 Green Card category applies to two groups of people: those with advanced degrees or exceptional ability. To qualify for an advanced degree, you must have a master's degree, a doctorate, or a bachelor's degree and five years of progressive work experience in your field. You must also show that your education and experience meet the requirements of a U.S. employer.

Those with exceptional ability in the sciences, arts, or business can also apply. You must prove your exceptional ability through substantial documentation, such as official awards, a high salary, or significant contributions to your field.

This category requires an approved PERM Labor Certificate (LC) from the Department of Labor. The PERM process can take several months to complete, including recruitment and the Department of Labor's review and processing of the application.To apply, eligible candidates must have a job offer from a U.S. employer who will file an Immigrant Petition for Alien Worker (Form I-140) on their behalf.

Some individuals in the EB-2 category may qualify for a National Interest Waiver. The National Interest Waiver allows individuals to self-petition for a Green Card if their work in the U.S. will substantially benefit the nation. This expedites the process by bypassing the PERM requirement. Typically, those granted a waiver demonstrate exceptional ability and whose employment in the U.S. would significantly advance their field and benefit the country. The applicant must prove their work is in the national interest to waive the job offer and labor certification requirements.

Those seeking a National Interest Waiver may self-petition (they do not need an employer sponsor). This waiver is designed for individuals whose work benefits the United States in areas such as healthcare, technology, or scientific research. To qualify, applicants must demonstrate that their work has substantial merit and national importance.

If you are considering an EB-2 Green Card, we can ensure that your strong application meets all necessary criteria For more information on our EB-2 National Intrest Waiver Services, we invite you to consult our law firm. Contact

EB-3 Skilled Workers, Professionals, and Other Workers

To apply for an EB-3 Green Card, you must have a U.S. employer and have an approved PERM Labor Certificate. The EB-3 category covers three groups of workers:

To file for an EB-3 green card as a skilled worker, you must demonstrate at least two years of job experience, education, or training that meets the job requirements specified on the PERM Labor Certificate. You must also perform work for which qualified workers are unavailable in the United States.

To file for an EB-3 green card as a professional, you must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree and that a baccalaureate degree is a normal requirement for entry into the occupation. You must also perform work for which qualified workers are unavailable in the United States.

Other workers may also apply for the EB-3 Green Card if they can prove their ability to perform unskilled labor (requiring less than two years of training or experience) that is neither temporary nor seasonal and for which no qualified workers are available in the United States. You must fulfill any other requirements stated in the labor certification.

The Employment-Based Green Card Timeline

1. Have a U.S. employer

If you are filing for an EB-2 Green Card (without a National Visa Waiver) or an EB-3 Green Card, you must have a U.S. employer willing to sponsor your petition.

Keep in mind that not every job qualifies for a Green Card. If you already have a non-immigrant visa in the United States, limitations might affect your ability to file for one.

2. PERM Labor Certification Process

Unless you're applying for an EB-1 Green Card or an EB-2 Green Card with a National Interest Waiver, your employer must obtain a PERM Labor Certification from the Department of Labor (DOL) before they can submit an I-140 Petition on your behalf. The Labor Certification permits employers to hire foreign workers permanently in the United States.

To secure an approved PERM Labor Certification, the employer must demonstrate (through newspaper advertising and other recruiting methods) that they were unable to recruit a qualified U.S. worker for a specific position.

3. I-140 Immigrant Petition for Alien Worker

Employers use the I-140 Petition to ask USCIS to classify an employee as eligible for an immigrant visa based on employment.

The employer generally files the I-140 petition for the employee. However, EB-1 or EB-2 Green Card applicants with NIW can self-petition.

Premium Processing - USCIS offers premium processing services at an additional fee for Form I-140 petitions. This service promises an initial review from the USCIS within 15 calendar days of receipt of the form, after which it may approve or issue a Request For Evidence or Notice of Intent to Deny.

Job Portability - you can change jobs or employers while your green card application is still pending, given that certain conditions are met. Specifically, you can request to change jobs or employers if:

You are the beneficiary of a pending or approved Form I-140;
You have filed a Form I-485, Application to Register Permanent Residence or Adjust Status, and it has been pending for 180 days or more and
You seek to change jobs to a new job in the same or similar occupational classification.

If you request to change jobs or employers while your Form I-140 is pending, the Form I-140 must be approved before USCIS may approve your portability request.

4. I-485 Application for adjustment of status

If you are in the United States, the I-485 Application to Register Permanent Residence or Adjust Status is the next step in the process following the approval of the I-140 Petition.

Your ability to move forward to the I-485 stage depends on your priority date, either the date your I-140 Petition was filed with USCIS or the date your Application for Labor Certification was submitted to the Department of Labor for categories requiring one. You cannot file the I-485 Adjustment of Status Application until your priority date becomes current. Because only a limited number of green cards can be issued yearly, a backlog in visa numbers may exist based on your country of birth and Green Card category. This backlog arises when more people apply for Green Cards in a specific category than available Green Card visa numbers.

When filing the I-485 Application, you must provide information about your family, address, and employment history. You must also submit certain documents, including your birth certificate, passport, children’s birth certificates, and I-94 admission form.

After you apply, you will receive a receipt from USCIS that shows your priority date. You can use the receipt number to track your case status on the USCIS portal. The I-485 Application requires information about your family, address, and employment history. You must also submit documentation, such as your birth certificate, passport, I-94 admission form, and your children’s birth certificates if applicable.

Once you apply, USCIS will send you a receipt with your priority date and receipt number. You can use this number to track your case status on the USCIS portal.

5. Consular Processing

If you are currently outside of the U.S. the next step after the approval of the I-140 Petition will be the filing of the DS-260 Immigrant Visa Electronic Application. After USCIS approves the petition, they will transfer the case to the Department of State's National Visa Center (NVC) for pre-processing. NVC will send you a Welcome Letter by email or physical mail.

The NVC will notify the petitioner and you (the beneficiary) when the visa petition is received and again when an immigrant visa number is about to become available. They will also notify you when you must submit immigrant visa processing fees (commonly referred to as “fee bills”) and supporting documentation.

Once the fees have been paid, you will need to complete the DS-260 Immigrant Visa Electronic Application and submit the supporting documentation by mail or email, depending on the consulate the case is being processed through, to the NVC.

The last step toward your immigrant visa will be an interview at the U.S. Embassy or Consulate. A consular officer will interview you (and accompanying family member beneficiaries) and determine whether you are eligible for an immigrant visa.

If your visa is approved, your passport and visa will be returned. After paying the visa fee, you can travel to the United States. When admitted to the U.S. at the port of entry, you will enter as a Lawful Permanent Resident and be permitted to work and live in the United States.

If you would like to learn more about this topic, please get in touch with our office. Our services includ:

Determination of eligibility;
Expert guidance on documentation and forms;
Support for visa interview preparation;
Assistance in case of delays or requests for evidence.

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