Employment-Based Green Cards: A Guide for Employers and Workers

Employment-based green cards give foreign workers permanent residence through their jobs or achievements. They fall into preference categories, primarily EB-1, EB-2, and EB-3, each with its own requirements and wait times. If you’re an employer planning to sponsor, or a worker mapping your own path, the categories are where you start.

EB-1: priority workers

The top category covers people with extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and multinational managers and executives (EB-1C). EB-1A can be self-petitioned. The others need an employer. None of them requires labor certification.

EB-2: advanced degrees and exceptional ability

This is for roles requiring an advanced degree, or workers with exceptional ability. It usually requires PERM labor certification and employer sponsorship. The exception is the National Interest Waiver, which removes both the job offer and PERM.

EB-3: skilled and professional workers

This covers professionals with a bachelor’s degree, skilled workers with two or more years of training or experience, and some other workers. It requires PERM and employer sponsorship, and often carries longer waits than EB-2.

How sponsorship works

For most employer-sponsored categories, the path is PERM, then the I-140 immigrant petition, then adjustment of status or consular processing once a visa is available. Your priority date and country of birth determine the wait through the monthly visa bulletin.

If you’re weighing your options, a consultation with Capitol Law Partners can map the right path for your situation. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Cagatay Ersoy. Practical strategy for founders, investors, and growing companies.