Employment-based green cards allow workers with needed skills to become permanent residents. The system divides applicants into preference categories based on their qualifications, with highly skilled and exceptional individuals receiving priority. Understanding the categories and requirements helps you identify your pathway and realistic timeline.

Most employment-based green cards require employer sponsorship, though some self-petition routes exist for exceptional individuals. The process typically involves labor certification, petition approval, and then the green card application itself.

EB-1: Priority Workers

The first preference category serves three groups: persons of extraordinary ability in sciences, arts, education, business, or athletics; outstanding professors and researchers; and multinational executives and managers transferring to U.S. offices.

EB-1 applicants skip labor certification entirely. Extraordinary ability individuals can self-petition without employer sponsorship by demonstrating sustained national or international acclaim through extensive documentation.

The "extraordinary ability" standard is high—think Olympic medalists, Nobel laureates, and internationally recognized figures. However, the category is broader than often assumed; many successful applicants achieve recognition in specialized fields without household-name fame.

EB-2: Advanced Degree Professionals

EB-2 covers professionals holding advanced degrees (master's or higher, or bachelor's plus five years progressive experience) and persons of exceptional ability in sciences, arts, or business. Most EB-2 applicants require employer sponsorship and labor certification.

National Interest Waiver (NIW) allows certain EB-2 applicants to bypass labor certification by demonstrating their work benefits the United States substantially. NIW applicants can self-petition without employer sponsorship—valuable for entrepreneurs, researchers, and others whose work serves national interests.

NIW eligibility expanded after the 2016 Matter of Dhanasar decision established new criteria focusing on the proposed endeavor's merit, the applicant's position to advance it, and overall benefit to the United States.

EB-3: Skilled Workers and Professionals

EB-3 includes skilled workers with at least two years training or experience, professionals with bachelor's degrees, and "other workers" in unskilled positions requiring less than two years training. Labor certification is required for all EB-3 applicants.

The "other workers" subcategory has very limited numbers and long waits. Most EB-3 green cards go to skilled workers and professionals whose employers can demonstrate no qualified U.S. workers are available.

Labor Certification (PERM)

The Program Electronic Review Management (PERM) labor certification process proves that hiring a foreign worker won't adversely affect similarly employed U.S. workers. Employers must recruit for the position and demonstrate no minimally qualified U.S. workers applied.

PERM involves prevailing wage determinations, structured recruitment, and detailed documentation. The process typically takes 6-18 months and must be completed before filing the green card petition.

Employers bear recruitment costs—charging employees for labor certification is prohibited. Some employers are reluctant to sponsor green cards due to cost, time, and uncertainty. Finding a willing sponsor is often the biggest challenge.

Wait Times and Country Caps

Each employment category has annual limits. Additionally, no single country can receive more than 7% of total employment-based green cards annually. This creates massive backlogs for nationals of high-demand countries.

Indian and Chinese nationals in EB-2 and EB-3 face wait times exceeding a decade—sometimes much longer. Applicants from most other countries have current or nearly current dates. Your country of birth, not citizenship, determines which queue you join.

Priority date movement is unpredictable. Categories retrogress when demand exceeds supply. Long-term planning is difficult when your green card might be years away with uncertain timing.

Maintaining Status While Waiting

During the often lengthy wait for green card availability, you must maintain lawful status. H-1B portability and extensions beyond the usual six-year limit are available for pending green card applicants. Gaps in status or unauthorized work can derail years of waiting.

Job changes during the green card process have complex rules. After 180 days with a pending adjustment of status and approved I-140, you may change employers in the same occupation. Earlier changes can invalidate the process.

Getting Legal Help

Employment-based immigration involves complex regulations, lengthy timelines, and significant investment from both employers and employees. An experienced immigration attorney navigates the process, avoids common mistakes, and protects your position through years of waiting. For a process this consequential, professional guidance helps ensure your application succeeds and your status remains secure throughout.