The United States offers several categories of employment-based green cards for foreign nationals seeking permanent residency through their work skills and qualifications. These categories, known as preference categories, are designed to attract individuals with varying levels of expertise and abilities to contribute to the U.S. economy. Understanding the different types of employment-based green cards and their respective qualification requirements is crucial for those seeking to immigrate to the United States through employment channels.
The employment-based green card system is divided into five preference categories, each with its own set of eligibility criteria and annual numerical limits. These categories are:
- EB-1: Priority Workers
- EB-2: Professionals with Advanced Degrees or Exceptional Ability
- EB-3: Skilled Workers, Professionals, and Other Workers
- EB-4: Special Immigrants
- EB-5: Immigrant Investors
The EB-1 category, also known as “first preference,” is reserved for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. This category is further divided into three subcategories: EB-1A for individuals with extraordinary ability, EB-1B for outstanding professors and researchers, and EB-1C for multinational executives and managers. The EB-1A subcategory is particularly notable as it allows for self-petition, meaning eligible individuals can apply for a green card without a job offer or labor certification.
To qualify for the EB-1A subcategory, applicants must demonstrate extraordinary ability through sustained national or international acclaim. This can be evidenced by a one-time achievement such as a major international award (e.g., Nobel Prize, Oscar, Olympic Medal) or by meeting at least three out of ten criteria outlined by U.S. Citizenship and Immigration Services (USCIS). These criteria include evidence of lesser nationally or internationally recognized prizes, membership in associations that require outstanding achievements, published material about the applicant in professional publications, participation as a judge of others’ work, original scientific or scholarly contributions, authorship of scholarly articles, artistic exhibitions, leading role in distinguished organizations, high salary compared to others in the field, and commercial success in the performing arts.
The EB-1B subcategory for outstanding professors and researchers requires applicants to demonstrate international recognition for outstanding achievements in a particular academic field. Eligible individuals must have at least three years of experience in teaching or research and be entering the United States to pursue a tenure or tenure-track teaching position or a comparable research position at a university or private employer. Applicants must meet at least two of six criteria, which include evidence of original scientific research, authorship of scholarly books or articles, and receipt of major prizes or awards for outstanding achievement.
The EB-1C subcategory for multinational executives and managers is designed for individuals who have been employed outside the United States for at least one year in the three years preceding the petition (or the most recent lawful nonimmigrant admission if already working for the U.S. petitioning employer) in a managerial or executive capacity. The U.S. petitioner must have been doing business for at least one year and have a qualifying relationship to the entity where the applicant worked abroad.
Moving to the EB-2 category, or “second preference,” this classification is intended for professionals holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business. To qualify under the advanced degree subcategory, applicants must possess a U.S. master’s degree or higher (or its foreign equivalent) or a U.S. bachelor’s degree followed by at least five years of progressive experience in the specialty. The exceptional ability subcategory requires applicants to demonstrate a degree of expertise significantly above that ordinarily encountered in their field.
EB-2 applicants typically need a job offer and must go through the labor certification process, known as PERM (Program Electronic Review Management). However, there is a provision for a National Interest Waiver (NIW) that allows individuals to self-petition if they can demonstrate that their work is in the national interest of the United States. The NIW option has become increasingly popular, especially among researchers, entrepreneurs, and individuals working in fields deemed critical to the U.S. national interest.
The EB-3 category, or “third preference,” encompasses skilled workers, professionals, and other workers. Skilled workers must have a minimum of two years of job experience or training, while professionals must hold at least a U.S. bachelor’s degree or its foreign equivalent. The “other workers” subcategory is for individuals performing unskilled labor requiring less than two years of training or experience. All EB-3 applicants must have a job offer from a U.S. employer and go through the labor certification process to demonstrate that there are no qualified U.S. workers available for the position.
The EB-4 category, or “fourth preference,” is reserved for special immigrants, including religious workers, certain international employees of the U.S. government abroad, and other qualifying individuals. This category has specific requirements depending on the type of special immigrant status being sought.
The EB-5 category, or “fifth preference,” is designed for immigrant investors who are willing to invest a substantial amount of capital in a new commercial enterprise that will benefit the U.S. economy and create full-time jobs for U.S. workers. As of January 2025, the standard minimum investment amount is $1.8 million, or $900,000 if the investment is made in a targeted employment area (high unemployment or rural area).
One of the key factors affecting the employment-based green card process is the annual numerical limitation on visas available in each category. The EB-1, EB-2, and EB-3 categories each receive 28.6% of the worldwide employment-based preference level, plus any unused visas from the EB-4 and EB-5 categories. The EB-4 and EB-5 categories each receive 7.1% of the worldwide level. These numerical limitations, combined with per-country caps, can result in significant backlogs for certain categories and countries of chargeability, particularly for applicants from countries with high demand such as India and China.
The visa bulletin, published monthly by the U.S. Department of State, provides critical information on visa availability for employment-based categories. It lists “final action dates” and “dates for filing” for each preference category and country of chargeability. An applicant’s priority date (usually the date the PERM labor certification was filed or, if no PERM is required, the date the I-140 petition was filed) must be earlier than the listed date for their category and country to be eligible for visa issuance or adjustment of status.
As of January 2025, the visa bulletin shows varying levels of visa availability across different employment-based categories and countries. For instance, the EB-1 category remains current for most countries, meaning visas are immediately available, but shows a backlog for China and India. The EB-2 and EB-3 categories have longer wait times, particularly for applicants from India and China, with some priority dates stretching back several years.
The processing times for employment-based green cards can vary significantly depending on the category, country of chargeability, and USCIS workload. As of January 2025, USCIS is processing Form I-140 (Immigrant Petition for Alien Worker) for most employment-based categories in approximately 7.6 months. However, premium processing is available for certain categories, allowing for expedited processing within 15 calendar days for an additional fee.
For adjustment of status applications (Form I-485), processing times can range from several months to over a year, depending on the field office or service center handling the case. It’s important to note that these processing times are in addition to any wait times imposed by visa availability as indicated in the visa bulletin.
The labor certification process, required for most EB-2 and EB-3 cases, adds another layer of complexity and time to the overall green card process. As of January 2025, the Department of Labor is processing PERM applications filed in September 2023, with an average processing time of approximately 462 days for cases not selected for audit. Audited cases can take significantly longer to process.
One trend that has gained traction in recent years is the increasing popularity of the EB-1 and EB-2 NIW categories, particularly among highly skilled professionals and researchers. These categories offer several advantages, including the ability to self-petition (for EB-1A and EB-2 NIW) and, in many cases, faster processing times and visa availability compared to other employment-based categories.
The EB-5 investor visa program has also seen significant changes and renewed interest. The program’s minimum investment amounts were increased in 2019, and further reforms have been implemented to enhance program integrity and redirect investments to areas of greater economic need. As of January 2025, the EB-5 program includes set-aside visa allocations for investments in rural areas, high unemployment areas, and infrastructure projects, providing new opportunities for potential investors.
For individuals considering applying for an employment-based green card, it’s crucial to carefully evaluate which category best aligns with their qualifications and circumstances. Factors to consider include educational background, work experience, achievements in the field, availability of a U.S. job offer, and willingness to invest (for EB-5 applicants). It’s also important to consider the current visa availability and processing times for each category, as these can significantly impact the overall timeline for obtaining permanent residency.
The employment-based green card process can be complex and time-consuming, often requiring careful planning and strategy. Many applicants choose to work with experienced immigration attorneys to navigate the intricacies of the process, ensure compliance with ever-changing regulations, and maximize their chances of success.
One aspect of the employment-based green card process that deserves particular attention is the concept of portability. Under certain circumstances, individuals with pending adjustment of status applications based on approved I-140 petitions can change employers or jobs without jeopardizing their green card application. This provision, introduced by the American Competitiveness in the Twenty-First Century Act (AC21), provides some flexibility for applicants facing long wait times due to visa backlogs.
Another important consideration is the impact of age on certain employment-based green card categories. For instance, in EB-2 and EB-3 cases where the principal applicant has dependent children, there’s a risk of children “aging out” and losing their eligibility to obtain derivative status if they turn 21 before the priority date becomes current. The Child Status Protection Act (CSPA) provides some protection against aging out in certain circumstances, but careful planning is often necessary to ensure children maintain their eligibility.
The employment-based green card system also intersects with various nonimmigrant visa categories, creating important considerations for individuals currently in the U.S. on temporary visas. For example, many H-1B visa holders pursue green cards through their employers, often starting with the PERM process and progressing through the EB-2 or EB-3 categories. Understanding the interplay between nonimmigrant status maintenance and the green card process is crucial for these individuals.
Recent policy changes and proposals have also impacted the employment-based green card landscape. For instance, there have been discussions about eliminating per-country caps for employment-based immigrants, which could significantly reduce wait times for applicants from oversubscribed countries like India and China. While such changes have not been implemented as of January 2025, they highlight the evolving nature of U.S. immigration policy and the importance of staying informed about potential reforms.
The COVID-19 pandemic has also left its mark on the employment-based green card process. While many of the immediate disruptions caused by the pandemic have been addressed, its effects continue to be felt in terms of processing times, interview procedures, and the overall demand for certain types of workers. The pandemic has also accelerated trends towards remote work, raising new questions about how such arrangements might impact labor certification requirements and other aspects of the employment-based immigration system.
As the U.S. continues to compete globally for talent, the employment-based green card system remains a critical tool for attracting and retaining skilled workers. However, the system’s complexity, numerical limitations, and often lengthy processing times present challenges for both employers and prospective immigrants. Ongoing debates about immigration reform often include discussions about how to streamline and improve the employment-based green card process to better serve U.S. economic interests while maintaining program integrity.
In conclusion, the U.S. employment-based green card system offers multiple pathways for skilled foreign nationals to obtain permanent residency. From individuals with extraordinary abilities to skilled workers, researchers, managers, and investors, the system aims to accommodate a diverse range of talents and contributions to the U.S. economy. While the process can be complex and time-consuming, understanding the different categories, their requirements, and the broader context of U.S. immigration policy is essential for those seeking to navigate this path to permanent residency successfully. As global competition for talent intensifies and the nature of work continues to evolve, the employment-based green card system is likely to remain a topic of ongoing discussion and potential reform in the years to come.
Website citations used for this article:
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fourth-preference-eb-4
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program
- https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
- https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent
- https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates
- https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/about-the-eb-5-visa-classification
- https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/visa-retrogression
- https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin
