Employment-Based Green Card

An employment‑based green card is U.S. permanent residency obtained through a qualifying job, employer sponsorship, or investment in the United States. Most applicants go through one of five preference categories (EB‑1 to EB‑5), each with different requirements, waiting times, and typical profiles

Direct path to U.S. permanent residency

for you and eligible family members through long‑term, employment‑based status.

No need to maintain student or temporary work status

reducing visa renewals and status‑change risks over time. ​

Greater career flexibility

after getting the green card, including changing employers and starting your own business

Access to more benefits and stability

such as easier re‑entry to the U.S. and, eventually, eligibility to apply for U.S. citizenship

Eligibility and key requirements

An employment‑based green card is U.S. permanent residency obtained through a qualifying job, employer sponsorship, or investment in the United States. Most applicants go through one of five preference categories (EB‑1 to EB‑5), each with different requirements, waiting times, and typical profiles.

CategoryWho it is for (simplified)Typical applicant profile
EB‑1Priority workersIndividuals with extraordinary ability, outstanding professors/researchers, or multinational executives/managers.
EB‑2Advanced degree / exceptional abilityProfessionals with a master’s or higher (or equivalent) or those with exceptional ability in sciences, arts, or business; some can self‑petition with a National Interest Waiver.
EB‑3Skilled, professional, other workersSkilled workers (2+ years experience), professionals (bachelor’s degree), and some unskilled/other workers.
EB‑4Special immigrantsCertain religious workers, some employees of international organizations, certain special immigrant juveniles, and other defined groups.
EB‑5Immigrant investorsInvestors who invest a required minimum amount in a new commercial enterprise that creates at least 10 full‑time U.S. jobs

Annual numbers and visa availability

Each U.S. fiscal year, about 140,000 employment‑based immigrant visas are available across all EB categories, including visas for spouses and children. When demand exceeds supply in a category or from a particular country, waiting lists and “priority dates” in the Visa Bulletin control when applicants can move forward.

Basic process (most EB‑1/2/3 cases)

Most employment‑based green cards (especially EB‑2 and EB‑3) follow a three‑step process.

  1. PERM Labor Certification (Department of Labor)

    • Employer tests the U.S. labor market, proves there are no qualified, willing U.S. workers at the prevailing wage, and files a PERM application.

    • Required for most EB‑2 and EB‑3 cases; often not required for EB‑1, some EB‑2 NIW, and EB‑5.

  2. Immigrant Petition – Form I‑140 (USCIS)

    • Employer (or in some cases the worker, such as EB‑1A or EB‑2 NIW) files Form I‑140 to classify the foreign worker in the appropriate EB category.

    • Must show the worker meets the category’s qualifications and that the employer can pay the offered wage.

  3. Green card application – Consular processing or I‑485

    • When the priority date is current, the worker either files Form I‑485 (adjustment of status inside the U.S.) or completes immigrant visa processing at a U.S. consulate abroad.

    • After approval and entry/adjustment, the person becomes a lawful permanent resident (green card holder).

Job offer and sponsorship

Most EB‑1 (except some extraordinary ability self‑petitions), EB‑2, and EB‑3 applicants need a permanent job offer from a U.S. employer that acts as sponsor

EB‑1A (extraordinary ability) and EB‑2 NIW (National Interest Waiver) can sometimes be self‑petitioned, .without a permanent job offer from a U.S. employer.

EB‑5 investors usually self‑sponsor based on meeting investment and job‑creation thresholds, not a job offer.

(see our Investor‑Based Green Card (EB‑5) page for full details)

Family members

Spouses and unmarried children under 21 can typically accompany or follow‑to‑join the principal EB applicant and receive permanent residence in the same preference category. They usually apply after the I‑140 is approved and a visa number is available for the principal applicant.

Ready to Start Your U.S. Green Card Journey?

Turn your U.S. job offer or qualifications into permanent residency.

Call our employment‑based green card team today to check your eligibility for EB‑1, EB‑2, EB‑3, EB‑4, or EB‑5 and get a step‑by‑step plan for your case.