Employment-Based Green Cards

Guiding Professionals, Skilled Workers, and Employers Toward U.S. Permanent Residency

Employment-based green cards allow qualified foreign professionals and workers to become lawful permanent residents of the United States based on their job, skills, or professional achievements. We provide strategic, end-to-end guidance for both employers and individuals pursuing these immigration pathways.

What Is an Employment-Based Green Card?

A green card grants the right to live and work in the United States permanently. In employment-based cases, eligibility is based on your occupation, skills, experience, or achievements, or a U.S. employer’s need for your services.

The most common categories include:

  • Employment-Based First Preference (EB-1)
  • Employment-Based Second Preference (EB-2)
  • Employment-Based Second Preference — National Interest Waiver (EB-2 NIW)
  • Employment-Based Third Preference (EB-3)

We assess your background and goals to determine the category that fits your situation most effectively.

Employment-Based Green Card Categories

1. Employment-Based First Preference (EB-1) – EB-1 is reserved for individuals who have reached a high level of accomplishment or leadership in their field. It includes:

  • EB-1A (Extraordinary Ability) – For individuals who can demonstrate sustained national or international acclaim through major achievements, significant recognition, or a strong record of influence in their field. A job offer is not required for this category.
  • EB-1B (Outstanding Professors or Researchers) – For professionals with at least three years of experience in teaching or research, along with a record of scholarly contributions and recognition in the academic community.
  • EB-1C (Multinational Managers or Executives) – For managers or executives who have worked for a qualifying multinational company abroad and are being transferred to a related U.S. office to continue in a similar leadership role.

2. Employment-Based Second Preference (EB-2) – EB-2 is for professionals with advanced qualifications or exceptional abilities.

  • EB-2 (Advanced Degree or Exceptional Ability) – For individuals with at least a master’s degree, a bachelor’s degree with five years of progressive experience, or skills and expertise significantly above the norm in their field.
  • EB-2 (National Interest Waiver (NIW) – The National Interest Waiver allows qualified individuals to apply for a green card without a job offer when their work benefits the United States. Applicants must show that their work has national importance, that they have a strong record of achievement, and that the country gains by allowing them to apply independently. This pathway is well-suited for researchers, scientists, entrepreneurs, healthcare professionals, engineers, and others whose work supports key national priorities.

3. Employment-Based Third Preference (EB-3) – EB-3 includes a wide range of professions and typically requires a permanent job offer from a U.S. employer.

  • EB-3 (Professional) – For individuals with a bachelor’s degree related to the position offered.
  • EB-3 (Skilled Worker) – For individuals with at least two years of training or work experience.
  • EB-3 (Other Worker) – For certain roles requiring less than two years of experience.

There are also other employment-based categories beyond these core options, each designed for different types of workers and circumstances. If you are unsure which category best aligns with your experience and long-term goals, speaking with an employment-based green card lawyer can help you understand your options clearly and choose the most appropriate path.

How the Employment-Based Green Card Process Works

  1. Case Evaluation and Category Selection – We review your education, experience, achievements, and career objectives to identify the strongest category.
  2. Filing the Immigrant Petition (Form I-140) – Depending on the category, either the employer or the individual files the petition to establish eligibility.
  3. PERM Labor Certification (If Required) – Some categories require a step called PERM Labor Certification, where the employer demonstrates that no qualified U.S. worker is available for the offered position. Following the standards outlined in the Department of Labor PERM labor certification guidelines. EB-1A and EB-2 NIW do not require PERM.
  4. Applying for Permanent Residency – After the petition is approved and a visa number is available, applicants proceed with either Adjustment of Status or Consular Processing.
  5. Final Approval and Green Card Issuance – Once approved, the applicant becomes a lawful permanent resident.

Many applicants choose to consult an employment-based green card lawyer during this stage to make sure every filing, timeline, and document meets government requirements.

How We Assist You

We provide thorough, strategic support throughout the process, including:

  • Identifying the most suitable immigration category
  • Preparing and submitting all required forms
  • Developing strong evidence packages
  • Drafting and editing expert recommendation letters
  • Guiding employers through the PERM process
  • Responding to Requests for Evidence (RFEs)
  • Preparing applicants for interviews
  • Monitoring deadlines and case progress
  • Offering guidance on maintaining lawful status throughout the process

We focus on building strong, well-documented cases that reflect your true qualifications and meet government standards.

Common Challenges We Help Resolve

Applicants and employers often face issues such as:

  • Uncertainty about which category fits
  • Difficulty compiling evidence
  • Gaps or complexities in work history
  • PERM audits or delays
  • Visa expiration concerns
  • Employer unfamiliarity with immigration requirements

We anticipate challenges early and guide you through every step to minimize delays and avoid preventable errors.

Processing Times

Timelines vary based on the green card category, the applicant’s country of birth, government caseload, and whether premium processing is available. During the consultation, we provide an individualized overview of anticipated timeframes and keep you informed as your case moves forward.

Required Documents

From the Employee:

  • Passport
  • Current immigration documents
  • Educational credentials (degrees, transcripts)
  • Résumé or curriculum vitae
  • Records of achievements, awards, publications, or leadership (if applicable)

From the Employer:

  • Job offer letter
  • Company financial information
  • Recruitment documentation (for PERM cases)

We create a tailored document checklist for every client.

Why Employers and Professionals Choose Us

  • Extensive experience in all employment-based categories
  • Strong track record of successful petitions
  • Clear, accessible communication
  • Customized strategies for complex cases
  • Support for both employers and employees
  • Thorough, detail-focused case preparation

We combine professional legal expertise with structured, client-centered guidance.

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Frequently Asked Employment-Based Green Card Questions

Not always. EB-1A and EB-2 NIW applicants may apply without a job offer.

Yes. Spouses and unmarried children under 21 may apply as dependents.

Changing employers is possible under certain conditions. We advise you on timing and strategy before any transition.

We review your current status and help you understand your available options to remain in compliance with U.S. immigration laws.

A strong EB-1 or NIW case includes clear evidence of your achievements, impact, and contributions in your field. This may involve publications, awards, leadership roles, or innovation that shows your work benefits the United States.

This is very common and not a problem. Employers simply need to follow required steps, and we guide them through each part of the process to ensure compliance and avoid delays.

This information is for general educational purposes only and is not legal advice. Reading this page does not create an attorney–client relationship. Immigration laws change frequently, and your situation may require personalized guidance.

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