Employment-Based Green Cards
Which work-based green card is right for you? A skilled work immigration attorney can assess your eligibility to obtain an employment-based green card.
There are several different preference categories for employment-based green cards, each with their own eligibility rules, requirements, filing steps, and timelines. Applicants may pursue a work-based green card through a U.S. employer, while others qualify on their own based on investment, extraordinary ability, or specialized work categories.
A work immigration attorney can help you select the right pathway for you. Call Lorenzo Law Group at 305-707-9306 to schedule a consultation with our experienced team now.
Table of Contents
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What is an Employment-Based Green Card?
An employment-based green card lets a foreign national become a lawful permanent resident via their work, employer sponsorship, professional qualifications, work within an area of national interest, or other work-based green card categories.
This is significantly different from temporary work visas like an H-1B or L-1 visa. Temporary work visas allow applicants to work in the United States for a limited timeframe under specific circumstances. They are not a way to remain in the United States permanently.
There are several steps involved in this process, depending on which employment-based green card is right for you.
A work immigration attorney can help you apply for adjustment of status, coordinate with your U.S. employer to secure a PERM labor certification, and file an immigrant petition on your behalf, while you wait for your priority date.
PERM Labor Certification
Both EB-2 and EB-3 categories often require a PERM labor certification through the U.S. Department of Labor. It’s important to note that a PERM certification does not grant a green card. It’s simply the first step an employer must take in helping an employee secure an employer sponsored green card. The process involves securing a prevailing wage determination and going through required recruitment steps to prove that there are no qualified U.S. applicants who fit the job description.
Types of Employment-Based Green Cards
EB-1: Priority Workers
This is the first preference employment-based green card category, generally reserved for applicants with significant professional accomplishments, high-level expertise, and executive experience.
This category is further broken down into other categories.
- EB-1A for those who display extraordinary ability in the sciences, arts, business, education, or athletics.
- EB-1B for outstanding professors and researchers.
- EB-1C for multinational executives and managers.
EB-2: Advanced Degree Professionals and Exceptional Ability
Professionals with advanced degrees or exceptional ability in the sciences, arts, or business may seek permanent residency with an EB-2 green card. Applicants may qualify for entry if their job requires an advanced degree, typically a master’s degree or higher, or if they have a level of experience and expertise significantly greater than what is typically found in their field. However, in some cases, a bachelor’s degree plus five years of progressive experience may also qualify.
It’s common for EB-2 cases to require U.S. employer sponsorship and PERM labor certification. But those in certain fields may qualify for a National Interest Waiver, which means that an applicant does not need a job offer or labor certification because their work is beneficial to the United States.
EB-3: Skilled Workers and Professionals
EB-3 green cards are available to skilled workers, professionals, and other employees who have a permanent, full-time job offer from a U.S. employer. Like the EB-2 category, most EB-3 cases require PERM labor certification.
EB-4: Special Immigrants
This preference category is different from employer-sponsored green cards because eligibility depends on specific classifications under immigration law. Qualified applicants may include some religious workers, international organization employees, members of U.S. Armed Forces, and other immigrant groups.
EB-5: Immigrant Investors
The EB-5 investor program is intended for foreign entrepreneurs who make a qualifying investment in a new commercial endeavor that creates jobs for U.S. workers. The minimum investment is $1,800,000 but drops to $900,000 for investments in targeted employment areas.
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Application Process for Work-Based Green Cards
Step 1: Determine Your Category
Not every applicant fits neatly into a single employment-based green card category. Depending on your education, professional experience, accomplishments, employer sponsorship, or investment plans, you may qualify for more than one pathway or may need additional evidence before moving forward. A work immigration attorney can evaluate your background and long-term immigration goals as an important first step in determining the most appropriate employment-based green card strategy.
Step 2: Complete Preliminary Requirements
Many EB-2 and EB-3 cases require PERM labor certification through the U.S. Department of Labor. This process includes obtaining a prevailing wage determination and proof of conducting recruitment efforts to show that no qualified U.S. workers are available for the position. Most EB-1, EB-4, and EB-5 applicants are not required to obtain a PERM labor certification.
Step 3: File the Correct Petition
File the appropriate immigrant petition based on the employment-based green card category:
- EB-1: Certain individuals with extraordinary ability may self-petition by filing Form I-140, Immigrant Petition for Alien Workers. However, outstanding professors and researchers will need their U.S. employer to petition on their behalf.
- EB-2 & EB-3: The employer generally files Form I-140 after obtaining PERM labor certification and prevailing wage determination.
- EB-4: Eligible special immigrants typically file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
- EB-5: Investors file Form I-526 or another applicable EB-5 immigrant petition to demonstrate that they meet the investment and job-creation requirements.
4. Wait for Your Priority Date
After United States Citizenship and Immigration Services (USCIS) approves your petition, applicants may need to wait for their priority date to become current, depending on visa availability and their country of birth.
5. Apply for Adjustment of Status
When a visa number becomes available, applicants can complete the final stage of obtaining a green card. If they are in the United States, they can go through adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If they are outside the U.S., they can pursue consular processing through a U.S. embassy or consulate abroad to obtain their employment-based green card.
How the Work Immigration Attorneys at Lorenzo Law Group Can Help
The work immigration attorneys at Lorenzo Law Group understand the importance of selecting the proper immigration pathway, analyzing your credentials and expertise, and verifying employer requirements. We’ll review the facts of your case, identify the best options for your needs, and prepare the necessary forms and documentation to help you obtain an employment-based green card. Call us at 305-707-9306 or reach out online now.
