Employment-Based Green Cards
A U.S. employment-based green card gives you lawful permanent residence based on your work, skills, or investment. Congress makes roughly 140,000 employment-based immigrant visas available each year, divided among five preference categories — each built for a different profile.
Permanent residence based on your work, skills, or investment — five categories, from world-class talent to skilled workers and investors.
Type of EB's
EB'S -1 - Priority Workers
EB-1 is the first preference category, reserved for priority workers. Its major advantage: it does not require PERM labor certification, which can save many months. It has three subcategories.
EB-1A — Extraordinary Ability
For individuals with sustained national or international acclaim in the sciences, arts, education, business, or athletics. No job offer required — self-petition allowed. Qualify with a one-time major award (e.g., a Nobel Prize) or by meeting at least three regulatory criteria (awards, published material about you, judging others' work, original contributions, scholarly articles, high salary, and more).
EB-1B — Outstanding Professors & Researchers
For those internationally recognized as outstanding in an academic field, with at least three years of teaching or research experience and a qualifying U.S. job offer. Employer sponsorship required; no PERM.
EB-1C — Multinational Managers & Executives
For managers and executives transferred by a qualifying employer, having worked abroad for the company (or an affiliate) at least one of the prior three years in a managerial or executive role.
EB'S -2 - NIW
EB-2 is the second preference category, for professionals with advanced degrees and individuals of exceptional ability. Most cases need an employer and PERM — but the National Interest Waiver is a powerful exception.
Two ways to qualify
Advanced degree — a U.S. master's or higher, or a bachelor's degree plus five years of progressive experience.
Exceptional ability — expertise well above the norm in the sciences, arts, or business, shown by meeting at least three regulatory criteria.
The National Interest Waiver (NIW)
An NIW asks USCIS to waive both the job-offer and PERM requirements because your work benefits the United States. If granted, you may self-petition. USCIS weighs whether:
- Your proposed endeavor has substantial merit and national importance;
- You are well positioned to advance it; and
- On balance, it benefits the U.S. to waive the job-offer and labor-certification requirements.
EB'S -3 - Skilled Workers & Professionals
EB-3 is the most common path for workers with a permanent, full-time U.S. job offer who don't meet the higher EB-1 or EB-2 standards. All EB-3 cases require employer sponsorship and PERM.
Three subgroups
Skilled workers — positions requiring at least two years of training or experience.
Professionals — positions requiring a U.S. bachelor's degree (or foreign equivalent) as the normal minimum.
Other ("unskilled") workers — positions requiring less than two years of training; typically the longest waits.
EB'S -4 - Special Immigrants
EB-4 is the fourth preference category, set aside for special immigrants — a collection of distinct subgroups, each with its own rules, so eligibility is highly fact-specific.
Common subgroups
- Certain religious workers serving a bona fide nonprofit religious organization.
- Special Immigrant Juveniles — certain children who have been abused, abandoned, or neglected.
- Certain employees and former employees of the U.S. government abroad, and other narrowly defined groups.
EB'S -5 - Immigrant Investors
EB-5 lets qualifying investors — with their spouse and unmarried children under 21 — obtain residence by investing in a U.S. business that creates jobs. Investors can go direct or through an approved Regional Center.
Core requirements
- A qualifying capital investment in a new commercial enterprise (higher for standard projects, lower in designated targeted employment areas).
- Creation of at least ten full-time jobs for qualifying U.S. workers.
- Lawful source of the invested funds, documented in detail.