Employment-Based Green Cards: Get Sponsored or Self-Petition for a U.S. Green Card

Author: Zoe Ji Wilson, Esq.

General Overview

The United States offers several pathways to lawful permanent residency through employment-based immigration. For individuals seeking to live and work in the United States on a permanent basis, employment-based green cards provide a critical mechanism to achieve this goal. Applicants may pursue this opportunity either through sponsorship by a U.S. employer or, in specific categories, through self-petitioning. The employment-based immigration system accommodates a broad range of professionals, including scientists, executives, researchers, skilled workers, and entrepreneurs.

Employment-based green cards are categorized into five preference groups, known as EB-1 through EB-5. Each category is governed by distinct statutory and regulatory requirements that determine eligibility, evidentiary burden, and procedural steps. Some categories, such as the EB-1A for individuals of extraordinary ability, the EB-2 National Interest Waiver, and the EB-5 investor program, allow individuals to petition without the need for a job offer or employer sponsorship.

The process of obtaining an employment-based green card typically involves multiple stages. In most cases, the applicant must first secure a Program Electronic Review Management (PERM) labor certification to demonstrate that no qualified U.S. workers are available for the job in question. Following this, the applicant submits Form I-140, Immigrant Petition for Alien Worker. The final stage involves either filing for adjustment of status if the applicant is in the United States, or pursuing consular processing at a U.S. embassy or consulate abroad. Timelines can vary significantly depending on the applicant’s country of birth and the specific employment category, as some categories face substantial backlogs and priority date delays.

Given the complexity of this legal framework, applicants must navigate an intricate system of statutes, regulations, and agency guidance. Effective petition strategies demand thorough documentation, careful legal analysis, and an understanding of the evolving adjudication standards employed by the United States Citizenship and Immigration Services (USCIS). This comprehensive guide is designed to offer detailed insight into the employment-based green card process, including eligibility categories, filing procedures, and practical considerations for maximizing the likelihood of approval.

Benefits of an Employment-Based Green Card

Obtaining a green card through employment provides a host of legal and practical benefits to foreign nationals seeking to establish long-term residence in the United States. One of the most significant advantages is the ability to live and work permanently in the country. As lawful permanent residents, individuals are no longer tied to a specific employer or subject to the constraints of temporary nonimmigrant visa categories such as H-1B or L-1.

Another major benefit is the pathway to U.S. citizenship. Employment-based green card holders may apply for naturalization after five years of continuous residence, assuming they meet all other eligibility criteria. Additionally, green card holders may sponsor certain family members for permanent residency, starting with their spouses and unmarried children under the age of 21, who can often obtain their own green cards concurrently.

Green card status also provides increased professional and geographic mobility. Individuals can work for any employer or even start their own businesses without needing additional work authorization. Furthermore, they are eligible for certain public benefits and may qualify for in-state tuition at public universities in some states. Travel in and out of the United States becomes more convenient, although extended absences should be carefully managed to avoid abandonment of residency.

Finally, the security and stability of permanent resident status offer peace of mind. Unlike temporary visas that may require frequent renewals, depend on employer sponsorship, or be subject to numerical caps, a green card provides a durable legal status that can support long-term professional and personal planning. For many, the employment-based green card is not just a legal status but a crucial step toward building a secure future in the United States.

Employment-Based Green Card Categories (Eligibility Requirements)

The employment-based green card system is divided into five distinct preference categories, each serving a specific group of workers based on qualifications, job roles, and, in some cases, national interest or investment criteria. Understanding these categories is essential to determining eligibility and selecting the most strategic pathway to lawful permanent residency.

Category	Key Eligibility	Job Offer Required?	PERM Required?	Self-Petition Allowed?
EB-1A	Extraordinary Ability	No	No	Yes
EB-1B	Outstanding Professors/Researchers	Yes	No	No
EB-1C	Multinational Executives/Managers	Yes	No	No
EB-2A	Advanced Degree Professionals	Yes	Yes	No
EB-2 NIW	National Interest Waiver	No	No	Yes
EB-3	Skilled/Professional/Other Workers	Yes	Yes	No
EB-4	Special Immigrants (e.g., religious workers, SIJ)	Varies	No	Varies
EB-5	Investors	No	No	Yes

EB-1: Priority Workers

The first preference category, EB-1, is reserved for individuals who possess extraordinary qualifications or serve in prominent professional roles. This category is notable for its eligibility for premium processing and, in some subcategories, exemption from the labor certification requirement.

1. EB-1A: Individuals of Extraordinary Ability (Self-Petition)

The EB-1A subcategory is designated for individuals who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. Applicants must provide sustained national or international acclaim and show that their achievements have been recognized in their field through extensive documentation.

To qualify, the applicant must either have received a major, internationally recognized award (e.g., Nobel Prize, Academy Award), or satisfy at least three of ten regulatory criteria outlined at 8 C.F.R. § 204.5(h)(3), including:

Receipt of lesser nationally or internationally recognized prizes or awards.
Membership in associations requiring outstanding achievement.
Published material about the applicant in professional or major trade publications.
Participation as a judge of the work of others.
Original contributions of major significance.
Authorship of scholarly articles.
Employment in a critical capacity for distinguished organizations.
Evidence of high salary or remuneration.
Commercial success in the performing arts.
Comparable evidence where the above standards do not readily apply.

A unique feature of the EB-1A is that it does not require a job offer or employer sponsorship. Applicants may self-petition, provided they demonstrate that they intend to continue working in their area of extraordinary ability and that their work will benefit the United States. The burden of proof is high, and the petitioner must meet at least three of ten enumerated criteria or provide comparable evidence to establish eligibility. The standard involves a two-part analysis: first, whether the petitioner meets at least three criteria; and second, a final merits determination assessing whether the totality of evidence demonstrates extraordinary ability.

2. EB-1B: Outstanding Professors and Researchers

EB-1B is designed for professors and researchers who have established themselves as leaders in their academic field. Unlike EB-1A, this subcategory requires a permanent job offer from a U.S. employer, typically a university or research institution, and does not allow self-petitioning.

Eligibility requires:

International recognition for outstanding achievements in a specific academic field.
At least three years of experience in teaching or research in the field.
A tenure-track teaching or permanent research position.

Applicants must satisfy at least two of six criteria under 8 C.F.R. § 204.5(i)(3)(i), including:

Receipt of major prizes or awards.
Membership in organizations requiring outstanding achievements.
Published material about the applicant’s work.
Participation as a judge of the work of others.
Original scientific or scholarly research contributions.
Authorship of scholarly books or articles.

Evidence must demonstrate a level of expertise that distinguishes the applicant as among the top in their field.

3. EB-1C: Multinational Managers and Executives

EB-1C is available to executives or managers who have been employed for at least one of the preceding three years by a foreign affiliate, parent, subsidiary, or branch of a U.S. employer and are coming to the United States to continue service in an executive or managerial capacity.

Requirements include:

The U.S. petitioner must have a qualifying corporate relationship with the foreign entity.
The foreign national must have worked abroad in a managerial or executive role.
The U.S. position must also be in a managerial or executive capacity.
The U.S. business must have been operating for at least one year.

No labor certification is required, but the petition must establish the nature and scope of the foreign and U.S. roles in accordance with definitions found in 8 C.F.R. § 204.5(j)(2), distinguishing between personnel managers, functional managers, and executive officers.

EB-2: Second Preference – Advanced Degree Professionals and Exceptional Ability

This subcategory is for individuals who have earned a master’s degree or higher, or who hold a bachelor’s degree followed by at least five years of progressive, post-degree work experience in their field. In addition to meeting the educational or experience requirement, the applicant must have a permanent, full-time job offer from a U.S. employer, and the employer must complete the PERM labor certification process.

Progressive experience means that the individual’s roles have grown in responsibility and complexity over time. This helps show that the applicant has not only worked in the field but has advanced in their career in a meaningful way.

The PERM labor certification process is used to confirm that there are no qualified U.S. workers available for the offered position. The employer must obtain a prevailing wage determination and conduct recruitment efforts under the supervision of the U.S. Department of Labor.

1. EB-2A: Advanced Degree Professionals

To qualify under EB-2A, the foreign national must:

Possess an advanced degree (master’s or higher) or a U.S. bachelor’s degree followed by at least five years of progressive post-baccalaureate experience.
Have a job offer from a U.S. employer requiring an advanced degree.
Obtain a certified PERM labor certification.

To support the EB-2A petition, applicants should submit educational transcripts, degree certificates, and detailed employment verification letters that explain past roles and how their responsibilities have progressed. The job offered in the United States must be one that typically requires an advanced degree, according to the Department of Labor’s occupational classification system (O*NET and SOC codes), and the offered wage must meet or exceed the prevailing wage for the position in that geographic location.

This category is ideal for professionals such as engineers, healthcare professionals, architects, researchers, and others in specialized fields that usually require high-level qualifications and experience.

2. EB2 NIW - National Interest Waiver (Self-Petition)

The National Interest Waiver, commonly referred to as the NIW, allows certain highly skilled individuals to apply for a green card without a job offer or employer sponsorship. This means that applicants do not need a labor certification or a specific employer to petition on their behalf. Instead, they can self-petition if they meet a special set of criteria that show their work benefits the United States as a whole. The National Interest Waiver (NIW) exempts the job offer and PERM requirement if the applicant can demonstrate:

The proposed endeavor has substantial merit and national importance.
The applicant is well-positioned to advance the endeavor.
On balance, it would benefit the United States to waive the job offer and labor certification requirement.

This framework, articulated in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), emphasizes the applicant’s contribution to fields such as healthcare, national security, infrastructure, education, or economic development. NIW petitions require detailed personal statements, letters of recommendation, publications, and impact metrics to support the endeavor’s significance and the applicant’s qualifications.

This approach is often used by professionals whose work impacts areas such as healthcare, public health, national security, infrastructure, environmental sustainability, technology, education, or economic development. For example, a medical researcher working on cancer treatment or a data scientist improving cybersecurity systems might qualify under this route. The EB-2 NIW option is especially attractive for researchers, entrepreneurs, and professionals who may not have a U.S. employer willing to sponsor them, but who can clearly show that their contributions serve the broader public interest of the United States.

EB-3: Third Preference – Skilled Workers, Professionals, and Other Workers

The EB-3 category is designed for foreign nationals seeking permanent residency in the United States based on their employment in positions that require varying levels of education and experience. This category is divided into three distinct subgroups: skilled workers, professionals, and other workers. Each subgroup has specific requirements related to the applicant’s qualifications, the nature of the job being offered, and the employer’s obligations under U.S. immigration law.

Regardless of the subgroup, every EB-3 petition must meet three basic requirements. First, the applicant must have a full-time, permanent job offer from a U.S. employer. Second, the employer must obtain a certified labor certification through the Department of Labor’s PERM process, which involves demonstrating that there are no qualified, willing, and available U.S. workers for the position. Third, the employer must sponsor the foreign worker by filing Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).

The EB-3 category is divided into three subgroups:

Professionals: Positions requiring at least a U.S. bachelor’s degree or foreign equivalent.
Skilled Workers: Positions requiring at least two years of training or experience.
Other Workers: Positions requiring less than two years of training or experience (unskilled labor).

Professionals

The professionals subgroup is for individuals whose position requires at least a U.S. bachelor’s degree or the equivalent from a foreign institution. The degree must be directly related to the occupation being offered, and the job itself must customarily require such a degree in the United States. Unlike the skilled worker category, work experience alone cannot substitute for the required degree in this subgroup.

Typical occupations in this category include engineers, elementary or secondary school teachers, accountants, graphic designers, and systems analysts. To qualify, the applicant must provide official transcripts and degree certificates, and if the degree was earned outside the U.S., a credentials evaluation must be submitted to confirm that it is equivalent to a U.S. bachelor’s degree.

The job offer must reflect the need for a bachelor’s-level education, as stated in the PERM application. Employers must also comply with all Department of Labor requirements, including prevailing wage determinations and appropriate recruitment steps to confirm that no qualified U.S. workers are available.

Skilled Workers

This subgroup is for individuals whose job requires a minimum of two years of training, education, or experience. These positions must be non-temporary and involve duties that cannot be performed without at least two years of relevant preparation. Importantly, the two-year threshold must be met through actual post-training or post-educational experience, and cannot include time spent in on-the-job training.

Examples of jobs that often fall under the skilled worker classification include electricians, HVAC technicians, mechanics, plumbers, computer support specialists, and certain healthcare roles such as medical technologists. Applicants must present evidence of formal training programs, certifications, and letters from prior employers verifying their experience in the occupation.

The job offered must also be listed on the certified PERM application as requiring at least two years of experience or training. The employer must ensure that the position aligns with a relevant occupational code from the Department of Labor’s O*NET/SOC system and that the wage offered meets or exceeds the prevailing wage for that job in the specified location.

Other Workers (Unskilled Labor)

The third subgroup within the EB-3 category is known as the “other workers” classification. It covers jobs that require less than two years of training or experience. These positions are often considered unskilled or low-skilled and typically involve manual or routine labor. While these jobs do not require formal education or lengthy training, they must still be permanent, full-time positions that meet labor market standards.

Common occupations under this subgroup include agricultural laborers, landscapers, custodial staff, caregivers, food service workers, and hospitality support roles such as hotel housekeepers or dishwashers. Although these jobs do not require high levels of education or specialized experience, the employer must still complete the full PERM process and obtain labor certification before filing the immigrant petition.

One of the key challenges with this category is the limited annual quota allocated to “other workers.” Because of this numerical limitation, processing times for this subgroup can be significantly longer than those in the skilled worker or professional tracks. Applicants from countries with high demand in the EB-3 category may face additional delays due to visa number backlogs.

General Petition Requirements for All EB-3 Subgroups

Across all three EB-3 classifications, several core requirements must be satisfied for a petition to be successful:

Permanent, full-time job offer: The position must be ongoing and not seasonal, part-time, or temporary in nature.
PERM labor certification: The employer must complete a rigorous process of recruiting U.S. workers and must receive certification from the Department of Labor confirming that no qualified U.S. workers are available for the job.
Form I-140 sponsorship: The U.S. employer must file Form I-140 with USCIS, providing evidence of the foreign national’s qualifications and the legitimacy of the job offer.
Prevailing wage compliance: The wage offered to the foreign worker must meet or exceed the prevailing wage as determined by the Department of Labor for the specific occupation and location.
Financial ability to pay: The employer must show that it has the financial means to pay the offered wage, usually by submitting tax returns, annual reports, or audited financial statements.

The EB-3 category remains one of the most widely used employment-based immigration options due to its broad eligibility criteria. However, because the process involves multiple government agencies and requires strict compliance with regulatory requirements, careful planning and thorough documentation are essential. With proper guidance and preparation, the EB-3 pathway can offer a reliable route to permanent residency for a wide range of qualified workers across many industries.

EB-4: Fourth Preference – Special Immigrant Workers

The EB-4 category is designed for individuals who fall under a range of “special immigrant” classifications. These are unique visa types created by Congress to recognize specific types of service or humanitarian circumstances. Unlike other employment-based green card categories, EB-4 is not limited to traditional job-based qualifications such as degrees or work experience. Instead, eligibility is based on the applicant’s specific role, history of service, or personal situation.

The EB-4 category includes a broad group of people who meet one of several predefined criteria. This includes religious workers, former employees of the U.S. government abroad, certain Afghan and Iraqi nationals who assisted the U.S. military, special immigrant juveniles, broadcasters working for U.S. international media, and employees tied to the former Panama Canal Zone, among others.

Eligible subgroups include:

Religious workers.
Certain employees of the U.S. government abroad.
Afghan and Iraqi nationals who worked for the U.S. military.
Special immigrant juveniles.
Broadcasters for the U.S. Agency for Global Media.
Panama Canal Zone employees, among others.

Religious Workers

One of the most common uses of the EB-4 category is for religious workers. These individuals must have been a member of a recognized religious denomination for at least two years prior to filing the petition. The applicant must be coming to the United States to work in a religious capacity, such as a minister, priest, monk, or in a religious occupation like a teacher at a religious school or a missionary.

The religious organization sponsoring the worker must be a bona fide nonprofit religious organization in the United States. Documentation is required to prove the applicant’s religious membership, the nature of the work to be performed, and the ongoing relationship with the religious community.

Employees of the U.S. Government Abroad

Another group eligible under EB-4 includes long-serving employees of the U.S. government who have worked abroad. These individuals may have been employed by the U.S. Armed Forces, U.S. embassies, or international organizations affiliated with the U.S. government. Their eligibility often depends on having worked for a qualifying period and receiving a recommendation for permanent residence based on their service and loyalty.

Afghan and Iraqi Translators and Support Personnel

Special provisions under the EB-4 category also exist for Afghan and Iraqi nationals who supported the U.S. government or military in critical roles, such as translators, interpreters, or logistical support staff. These individuals must have worked with U.S. forces for a minimum period and are often required to provide letters of recommendation or verification from U.S. officials.

Due to the sensitive nature of their service and the potential dangers they face in their home countries, these petitions are treated with humanitarian urgency. There are also annual numerical limits on how many visas can be issued under this program, which can result in waiting periods depending on demand.

Special Immigrant Juveniles (SIJ)

The EB-4 category includes a humanitarian provision for minors who have been abused, neglected, or abandoned by one or both parents. These individuals may qualify as special immigrant juveniles (SIJ) if a U.S. state court has determined that it is not in their best interest to return to their home country. SIJ status is a pathway for undocumented minors who cannot reunite with their families due to unsafe or harmful circumstances.

Obtaining SIJ classification requires a state court order and subsequent approval from U.S. Citizenship and Immigration Services. If granted, the individual may apply for a green card under the EB-4 category. Because this program is meant to protect vulnerable children, the legal process is different from other employment-based routes and involves coordination with child welfare agencies and legal guardians.

Broadcasters for the U.S. Agency for Global Media

This subgroup is intended for foreign nationals employed by, or under contract with, the U.S. Agency for Global Media (USAGM) or its grantees such as Voice of America or Radio Free Europe. These individuals must work in a broadcast role, such as reporting, producing, or technical work. Their services must contribute to the media agency’s international broadcasting mission, which includes promoting freedom of the press and providing accurate news in regions where such access is limited. Eligibility typically requires proof of employment, sponsorship from the broadcasting agency, and documentation of the individual’s contributions to the agency’s public service goals.

Panama Canal Employees and Other Categories

Additional subgroups within the EB-4 category include individuals who worked for the Panama Canal Company or Canal Zone Government prior to the U.S. transfer of the Canal to Panama. Others may include certain physicians, retired NATO employees, or members of the U.S. Armed Forces in specialized roles. Each of these subgroups has its own eligibility rules, often based on historical agreements or service-related qualifications. Applicants must carefully review the specific requirements for their category and provide appropriate supporting documents.

Filing Process

Most EB-4 applicants do not use Form I-140, which is typical for other employment-based green cards. Instead, petitions are usually filed on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form allows applicants or their sponsoring organizations to present evidence of eligibility based on the relevant EB-4 classification.

Unlike other green card categories, some EB-4 classifications are subject to annual visa caps or expiration dates. Applicants should be aware of current visa availability by checking the U.S. Department of State’s Visa Bulletin and should seek legal guidance early in the process to ensure eligibility and timely filing.

EB-5: Immigrant Investor Program

The EB-5 Immigrant Investor Program provides a path to U.S. permanent residency for foreign nationals who make a qualifying investment in the American economy. In exchange for this investment, which must lead to job creation for U.S. workers, the investor and their eligible family members (spouse and unmarried children under 21) can obtain a green card.

Minimum Investment Requirements

To qualify for the EB-5 program, the investor must put a certain amount of capital into a new commercial enterprise in the United States. As of the most recent guidelines:

The standard minimum investment amount is $1,050,000.
If the investment is made in a Targeted Employment Area (TEA), the minimum is $800,000.

A TEA is defined as either a rural area or an area experiencing high unemployment, typically at least 150 percent of the national average. TEA designation is determined using state and federal economic data and must be approved by U.S. Citizenship and Immigration Services (USCIS) at the time of the petition.

Eligible Investment Structures

Investors may choose to make their investment in one of two ways:

Direct Investment: The investor starts and manages their own business, or purchases an existing one, and plays an active role in its day-to-day operations. They must directly create at least ten full-time jobs for U.S. workers within two years of the investment.
Regional Center Investment: The investor contributes capital to a project managed by a USCIS-designated regional center. These are organizations pre-approved to sponsor economic development projects that pool EB-5 capital. In this structure, job creation can be counted more broadly, including both direct and indirect jobs, based on economic modeling.

Regional centers offer a more passive investment option, which is attractive to many investors who prefer not to be involved in daily business operations. However, the investor must still demonstrate that the capital was legally obtained, that it was placed at risk for the purpose of generating a return, and that the required job creation metrics are met.

Job Creation Requirements

The heart of the EB-5 program is job creation. The investor’s capital must lead to the creation of at least ten full-time positions for U.S. workers, which includes U.S. citizens, permanent residents, or other work-authorized individuals. These jobs must be:

Full-time (at least 35 hours per week).
Permanent in nature.
Created within two years of the investor receiving conditional resident status.

For direct investments, the jobs must be directly employed by the business. For regional center projects, both direct and indirect jobs may count, which can include construction jobs, supply chain employment, and other economically linked positions.

Source of Funds and Documentation

One of the most scrutinized aspects of the EB-5 process is the source and path of the investment funds. Investors must provide extensive documentation showing that the money was obtained through lawful means. Acceptable sources include:

Employment earnings or business income.
Sale of real estate or investments.
Loans secured by personal assets.
Gifts or inheritances, provided the donor’s funds can also be traced to a lawful source.

The investor must also show a clear and traceable path of how the funds moved from the original source to the new commercial enterprise in the United States. This may involve bank statements, wire transfer records, tax filings, and affidavits.

Filing Process

The EB-5 green card process involves several stages:

Form I-526 or I-526E (for regional center investments): This petition is the first step and is used to demonstrate eligibility based on the investment amount, business plan, and job creation expectations.
Adjustment of Status or Consular Processing: Once the I-526 petition is approved and a visa is available based on the applicant’s country of birth, the investor may apply for conditional permanent residence either through adjustment of status (if already in the U.S.) or through consular processing abroad.
Form I-829: Within the 90-day period before the second anniversary of receiving the conditional green card, the investor must file Form I-829 to remove conditions on their residence. This filing must show that the full investment was maintained and that the required jobs were created.

Approval of Form I-829 results in the issuance of a permanent green card. The EB-5 Immigrant Investor Program offers an opportunity for foreign investors to obtain a U.S. green card by contributing to job creation and economic development. It is well-suited for entrepreneurs and high-net-worth individuals who can meet the capital and documentation requirements and who seek a permanent, flexible immigration option not tied to employer sponsorship.

However, the process is complex and highly document-sensitive, particularly in areas such as job creation modeling, financial source tracing, and compliance with evolving regulations. Careful planning, experienced legal guidance, and thorough preparation are essential to ensure a successful EB-5 petition and transition to permanent residency.

How to Apply for an Employment-Based Green Card

Applying for an employment-based green card is a multi-step process that typically involves both the U.S. Department of Labor and U.S. Citizenship and Immigration Services (USCIS). The process varies depending on the visa category and whether the applicant is required to have a job offer and labor certification. However, for most employment-based green card applicants, the process follows three main steps.

Step 1: PERM Labor Certification (if required)

The first step for many applicants, especially those in the EB-2 and EB-3 categories, is obtaining a PERM labor certification from the U.S. Department of Labor (DOL). This certification is the government’s way of making sure that hiring a foreign worker will not negatively affect the job opportunities, wages, or working conditions of U.S. workers.

To obtain this certification, the U.S. employer must go through a strict recruitment process to test the local labor market. This typically includes:

Posting job ads in newspapers and on job boards.
Placing a job order with the state workforce agency.
Posting a notice of the job opening at the job site or through internal company channels.

If no qualified U.S. worker applies for the job after this process, the employer can then submit Form ETA-9089 to the DOL to request labor certification. If approved, the labor certification is valid for 180 days. During this time, the employer must move to the next step in the green card process.

Step 2: Form I-140 – Immigrant Petition for Alien Worker

Once the labor certification (if required) is approved, the employer files Form I-140 with USCIS. This is the petition that confirms the foreign national’s eligibility for the green card category and verifies the job offer.

The I-140 petition must include:

Proof that the foreign worker meets the qualifications listed in the labor certification, such as degrees, licenses, or experience letters.
A copy of the certified PERM labor certification, if applicable.
Documentation showing that the employer has the financial ability to pay the offered wage. This is typically shown through tax returns, audited financial statements, or annual reports.

In categories that do not require labor certification or a job offer, such as EB-1A, EB-2 NIW, and EB-5, the I-140 (or Form I-526 in EB-5 cases) can be filed directly by the applicant without an employer sponsor. For certain categories and countries, premium processing is available for an additional fee. This service guarantees that USCIS will take action on the petition within 15 calendar days for EB-1A and EB-1B petitions, or 45 calendar days for EB-1C, EB-2 (including NIW), and EB-3 petitions, although it does not guarantee approval.

Once USCIS approves the I-140 petition, the applicant must wait for a visa number to become available before moving on to the final step. Visa availability is based on the applicant’s priority date, which is typically the date the labor certification was filed or, if no labor certification is needed, the date the I-140 was filed.

Step 3: Adjustment of Status or Consular Processing

After the I-140 is approved and a visa number is available, the applicant may apply for permanent residence.

Adjustment of Status (Form I-485)

If the applicant is already in the United States in valid immigration status, they may be eligible to file Form I-485 to adjust their status to that of a lawful permanent resident. This step is handled by USCIS.

To qualify, the applicant must:

Be physically present in the U.S.
Have a current priority date according to the Visa Bulletin.
Not have violated the terms of their current visa.

The adjustment process includes submitting forms and evidence, undergoing a medical examination, and possibly attending a biometrics appointment and an interview. Spouses and children under age 21 may also apply to adjust their status as derivative applicants.

Consular Processing

If the applicant is outside the United States or chooses to apply from abroad, they will go through consular processing. This means applying for an immigrant visa at a U.S. embassy or consulate in their home country. The National Visa Center (NVC) will handle pre-processing and request supporting documents before scheduling a visa interview. If the interview is successful, the applicant receives an immigrant visa and can enter the U.S. as a permanent resident. A green card is then mailed to the applicant after arrival.

Helpful Tips

Navigating the employment-based green card process can be complex and time-consuming, but with careful planning and the right strategy, applicants can avoid common pitfalls and improve their chances of success. Here are some key tips to keep in mind:

Consider Self-Petition Options

Not all employment-based green cards require an employer sponsor. Certain categories allow individuals to petition on their own behalf, which can offer greater flexibility:

EB-1A (Individuals of Extraordinary Ability): This category is available to those with a proven record of sustained national or international acclaim. It does not require a job offer or labor certification.
EB-2 NIW (National Interest Waiver): Ideal for individuals whose work benefits the national interest, such as researchers, public health professionals, or entrepreneurs. This category also waives the job offer and labor certification requirements.
EB-5 (Immigrant Investors): Applicants who invest the required amount in a qualifying business that creates at least ten full-time U.S. jobs can self-petition.

If you qualify for one of these self-petition options, you may be able to bypass the lengthy and often restrictive labor certification process, making your path to a green card more efficient and within your control.

Strong Documentation Is Critical

Each green card petition must be supported by strong, credible evidence. This may include:

Academic records and professional licenses or certifications.
Letters of recommendation from employers, colleagues, or experts in your field.
Employment verification letters detailing job duties, dates of employment, and career progression.
Published work, media coverage, or patents to support extraordinary ability or national interest claims.

Inaccurate, inconsistent, or insufficient documentation is one of the most common reasons for delays or denials. It is essential to be thorough and truthful in presenting your qualifications.

Consider Premium Processing (When Available)

USCIS offers premium processing for certain I-140 petitions, which allows for expedited review within 15 calendar days for EB-1A and EB-1B, or 45 calendar days for EB-1C, EB-2 (including NIW), and EB-3. This option is currently available for many EB-1 and EB-2 cases. It is not available for every category, but when applicable, it can significantly reduce waiting times.

Premium processing only applies to the processing of the I-140 petition and does not accelerate labor certification, visa bulletin movement, or adjustment of status processing.

Monitor the Visa Bulletin for Backlogs

Each month, the U.S. Department of State publishes the Visa Bulletin, which shows when green card applicants in various categories and countries can move forward with the final step of their case. Because the number of green cards issued each year is limited and demand is high in some countries, there can be a backlog, especially for individuals from India and China in the EB-2 and EB-3 categories.

Make sure to monitor your priority date and the visa bulletin regularly. Knowing when your date becomes current helps you prepare for adjustment of status or consular processing.

Maintain Lawful Status in the United States

If you are already in the United States on a temporary visa, it is crucial to maintain lawful status while waiting for your green card. Overstaying or violating the terms of your visa can lead to bars on reentry or complications with your green card application. Common temporary statuses for green card applicants include H-1B, L-1, O-1, and F-1 OPT, among others.

If your current status is expiring and your green card is still pending, you may be eligible for an extension or a change of status. In some cases, individuals with an approved I-140 and a priority date that is not yet current can extend their H-1B beyond the standard six-year limit.

Seek Legal Guidance Early

U.S. immigration law is complex and constantly evolving. Filing the wrong form, missing a deadline, or misunderstanding a requirement can result in costly delays or denials. Working with an experienced immigration attorney can help you:

Choose the best green card category based on your background.
Prepare strong evidence to support your case.
Respond effectively to Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
Stay on top of changes in law or policy that could affect your case.

Given the time, money, and opportunities at stake, personalized legal advice is one of the best investments you can make during the green card process.

Common FAQs

Q1: How long does the employment-based green card process take?

A: It varies by category and country of birth. Most cases take 12 to 24 months, but applicants from India or China may face multi-year backlogs, especially in EB-2 and EB-3.

Q2: What is the PERM process and who needs it?

A: PERM is required for most EB-2 and EB-3 applicants. It proves that no qualified U.S. workers are available for the job. Categories like EB-1A, EB-1B, EB-1C, EB-2 NIW, EB-4, and EB-5 are exempt.

Q3: What is a priority date and why does it matter?

A: Your priority date is your place in line for a green card. You can only move forward when your date becomes current according to the Visa Bulletin.

Q4: Can I include my spouse and children?

A: Yes. Your spouse and unmarried children under 21 can apply for green cards as derivative beneficiaries.

Q5: What if my I-140 is approved but the priority date is not current?

A: You must wait until your date becomes current to file for a green card. In the meantime, maintain lawful status or explore work visa extensions.

Q6: Can I work for any employer after getting the green card?

A: Yes, but you should intend to work for your sponsoring employer at the time of approval. Leaving too soon may raise concerns about your intent.

Conclusion

The employment-based green card process offers a valuable opportunity for foreign professionals, skilled workers, investors, and other qualified individuals to establish permanent residence in the United States. With multiple pathways, ranging from employer-sponsored categories like EB-2 and EB-3 to self-petition options such as EB-1A, EB-2 NIW, and EB-5, there is flexibility to match a wide range of backgrounds and career goals.

Successfully navigating this process requires careful planning, strong documentation, and a thorough understanding of both eligibility criteria and procedural requirements. Whether you are pursuing a green card through a U.S. employer or on your own merit, staying informed and seeking professional guidance can help you avoid costly mistakes and maximize your chances of approval.

As U.S. immigration law continues to evolve, staying current with policy updates, visa bulletin changes, and government processing times is essential. If you are considering an employment-based green card or are already in the process, consulting with an experienced immigration attorney can provide clarity and help you build a solid case toward achieving permanent residency in the United States.