Lawbrarian

Understanding Employment-Based Immigration Pathways

By Lawbrarian Editorial Team
Published
Summary
Explore the different categories of employment-based green cards and visas available to skilled workers, professionals, and investors.

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Employment-Based Green Card Categories

The U.S. offers five preference categories for employment-based permanent residence, each with different requirements and wait times.

EB-1: Priority Workers

Three subcategories: extraordinary ability in sciences, arts, education, business, or athletics (self-petition possible); outstanding professors and researchers; and multinational managers or executives. Generally the fastest category with shorter wait times.

EB-2: Professionals with Advanced Degrees

Requires a job offer and labor certification (PERM), unless you qualify for a National Interest Waiver (NIW). NIW allows self-petition if your work is in the national interest of the United States.

EB-3: Skilled Workers and Professionals

Covers skilled workers (2+ years experience), professionals (bachelor's degree), and other workers. Requires PERM labor certification and a job offer. Wait times can be significant, especially for applicants from India and China.

EB-4: Special Immigrants

Includes religious workers, certain international organization employees, and other special categories. Each subcategory has unique requirements.

EB-5: Investor Visa

Requires a minimum investment (typically $800,000 in a Targeted Employment Area or $1.05 million elsewhere) that creates at least 10 full-time jobs. Direct investment and regional center investment options are available.

The PERM Process

For EB-2 and EB-3, employers must demonstrate through the PERM labor certification process that no qualified U.S. workers are available for the position. This involves advertising the position and testing the labor market.