Employment-Based Green Card

Information on the requirements and processing for Lawful Permanent Residence (green card) based on employment.

Who Is Eligible For An Employment-Based Green Card?

First Preference EB-1:

  • Extraordinary Ability - people with extraordinary ability in the sciences, arts, education, business, or athletics.

    • Individuals can self-petition.

    • No labor market test is required for these applicants.

  • Outstanding Professors and Researchers -

    • An employer sponsor is required, but no labor market test.

  • Multinational Managers or Executives -

    • An employer sponsor is required, but no labor market test.

Second Preference EB-2:

  • Professionals holding an advanced degree or its equivalent.

  • People with exceptional ability in the sciences, arts, or business.

  • An employer sponsor is required except for National Interest Waiver (NIW) applicants.

  • Schedule A workers (e.g. certain nurses and physical therapists), and National Interest Waiver applicants are exempt from the labor market test.

Other Categories:

Third Preference EB-3:

  • Skilled workers, professionals, and unskilled workers.

  • An employer sponsor, and labor market test is required.

Fourth Preference EB-4:

  • Religious workers, certain broadcasters, and other limited groups.

Fifth Preference EB-5:

  • Individuals making a sizeable investment in a commercial enterprise in the U.S. Individuals can self-petition.

What Is The Permanent Labor Certification Requirement?

  • In most instances (except as provided above), before a U.S. employer can file an I-140 immigrant petition on behalf of a worker, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL).

  • The DOL must certify that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment, and that the employment will not adversely affect the wages and working conditions of similarly employed U.S. workers.

What Is The I-140 Petition Requirement?

  • An I-140 petition must be filed by the U.S. employer to prove the person qualifies for lawful permanent residence status under the EB-1, EB-2, or EB-3 green card categories.

  • In some instances, e.g. EB-1 Extraordinary Ability and EB-2 NIW cases, individuals may self-petition and file their own I-140 petitions.

Processing Options:

  • Applicants who are physically present in the U.S. may be able to process their green card applications through Adjustment of Status (AOS).

  • Applicants who are not physically present in the U.S., or who may not qualify for AOS, would need to process their green card applications through Immigrant Visa Processing.