• No labor market test required due to the high skill level, saving time during application.
• Fastest processing time, as petitions are not subject to USCIS backlogs.

• Requires candidates with nationally and internationally renowned achievements, making them rare.
• Employees with an approved H-1B visa and a master’s or advanced degree may qualify for the EB-1 green card.

EB-1 green card sponsorship is available for:

• Workers of extraordinary ability: Defined as those with extraordinary expertise in the sciences, arts, education, business, or athletics.
  • The individual must be nationally or internationally known for their achievements.
• Outstanding university professors or researchers:
  • Higher learning educators held in high esteem in the international academic community for their achievements.
  • Accomplished researchers in private companies that employ at least three full-time researchers.
• Executives or managers of multinational companies.

Indefinite, yet the physical green card must be renewed every 10 years.

• Workers of extraordinary ability (EB-1A category):
  • Documentation of at least three notable, public achievements and recognitions demonstrating sustained national or international acclaim as an industry leader.
• Outstanding university professors or researchers:
  • Proof of a major one-time achievement, such as receiving a Pulitzer Prize, Academy Award, Olympic medal, etc.
  • Three years of experience in teaching or research in a specific academic area.
  • An offer of employment from a college or university, in a position that offers tenure or a track to tenure.
  • At least two qualifying examples of documented achievement.
• Executives or managers of multinational companies:
  • Worked for a multinational company outside of the U.S. for at least one of the three years preceding submission of the EB-1 green card petition.
  • Previously worked in a managerial or executive role.
  • The U.S. employer must prove it has been in business for at least one year and provide evidence of the expat’s professional experience level.

• Application filing fee: $1,925.
• Premium processing: Available for the extraordinary ability and outstanding researcher categories, but not for multinational managers or executives.

Individuals may concurrently file green card applications for their spouse and minor children. While the green card applications are pending, dependents may apply for work and travel authorization.

A maximum of 140,000 applicants can be awarded employment-based green cards per year. No country may receive more than 7 percent of the total green cards in this quota.

Yes, they can. When the primary applicant’s priority date becomes current, the recipient’s spouse and minor children may also apply to adjust status to obtain their green cards.

Employers aren’t required to conduct a labor market test (PERM Labor Certification). The processing time is typically quicker than other green card categories, and the green card grants permanent residency, ensuring no work authorization interruptions.

Wait times vary depending on the worker’s country of origin and employer. The entire process can take years to complete.

• Grants permanent work authorization.
• Has more relaxed eligibility requirements compared to the EB-1 green card.

• Applicants often move faster through the process due to fewer qualified candidates.
• Employers must complete a mandatory recruitment process to ensure no qualified U.S. workers are available for the position.

Qualified applicants include:

• Professionals who hold advanced degrees.
• Expats with exceptional ability in the sciences, arts or business.
• Professionals whose work benefits the national interest of the United States.

Indefinite, yet the physical green card must be renewed every 10 years.

1. Professionals Holding Advanced Degrees

The professional must have earned an advanced academic degree or equivalent to qualify.

Additional requirements:

• The job being filled must normally call for a worker with specific higher education.
• Foreign nationals must provide official academic records or diplomas.
• Equivalent work experience requires evidence of an undergraduate degree, as well as letters from current (or former) employers showing at least five years of progressive work experience in a specific specialty or field.

2. Foreign Nationals with Exceptional Ability in the Sciences, Arts or Business

Professions include: lawyers, doctors, physicists, economists, analysts, professional athletes, artists, and opera singers.

Requirements: Evidence of three qualifying criteria must be shown, such as:

• Evidence of extensive higher education.
• Letters of recommendation from renowned peers in the field.
• Membership in a respected and related professional association.

3. Professionals Whose Work Benefits the National Interest of the United States

Professionals with exceptional ability, and whose employment in the United States has a profoundly positive national impact, may be eligible for a National Interest Waiver.

Requirements:

• Must provide evidence that work will have a positive impact on the United States, and benefit one of the following:
• The U.S. economy
• Wages and working conditions of U.S. workers
• Education and training programs for U.S. children and under-qualified workers
• Health care
• Affordable housing for young or older, less-affluent U.S. residents
• The U.S. environment (by efficiently using national resources)
• International cultural understanding
• Must meet at least three specific criteria to be eligible, such as documented proof of professional certification or a letter displaying 10 years of work experience in the field.

The PERM (Program Electronic Review Management) Labor Certification process protects skilled U.S. workers from displacement by less-skilled foreign workers. Companies must prove they took reasonable measures to fill an open position with a U.S.-based worker.

This multi-step process typically takes 10 to 12 months and is required for both EB-2 and EB-3 green cards. PERM certification must be completed prior to filing for a green card.

The PERM process consists of two parts:

• Recruitment: This step involves obtaining a prevailing wage determination from the Department of Labor, posting a series of job ads, and reviewing candidates’ qualifications.
• Filing: This step requires the employer to produce information related to the job (duties, location, prevailing wage, etc.), recruitment process details, and information about the applicant’s ability to fill the role.

• Consulate application filing fee: $1,925.
• Premium processing: Available for filing Form I-140 Immigrant Petition for Alien Worker. However, it’s not available for other portions of the application, including the PERM Labor Certification process.

Individuals may concurrently file the green card applications for their spouse and minor children along with their green card application. While the green card applications are pending, any dependent may apply for work and travel authorization.

A maximum of 140,000 applicants can be awarded employment-based green cards per year. No country may receive more than 7 percent of the total green cards in this quota.

Yes, they can. When the primary applicant’s priority date becomes current, the recipient’s spouses and minor children may also apply to adjust status to obtain their green cards.

This employment-based green card has laxer eligibility guidelines than EB-1. However, the time-consuming PERM Labor Certification process is a prerequisite. The PERM process is designed to test the labor market to ensure there are no ready, willing and able U.S. workers who could qualify for the job offer.

Getting an employment-based green card is a complex, multi-step process. Wait times vary depending on the worker’s country of origin and employer, and the entire process can take years to complete.

U.S. Citizenship and Immigration Services receives a massive volume of employment-based green card applications every year, creating a significant backlog. As a result, the U.S. Department of State issues the monthly Visa Bulletin, which provides updates regarding dates for filing applications and application final action dates.

Here’s how to decipher the Visa Bulletin tables:

• C = Current: There is no backlog for the particular category.
• U = Unauthorized: No green cards can be issued for that category.
• Listed Date: Filing Application Date/Application Final Action Date. The Final Action Date table reflects the priority dates in which USCIS is adjudicating I-485 cases, while the Filing Application Date table reflects the priority dates to which a person can file their I-485 case.

• The most relaxed requirements, accepting applicants with a bachelor’s degree, two years of training, or under two years of work experience.

• The most common green card classification with high demand.
• Long approval waiting period of six to nine years, potentially longer due to per-country allotments.

• Professionals with a bachelor’s degree (or foreign equivalent) that will fill a role requiring a college degree. Examples include teachers, architects, and engineers.
• Skilled workers with at least two years of training or work experience, who may or may not hold a college degree.
• Other or unskilled workers who will be filling a job that requires less than two years of training or experience. Examples include nannies, housekeepers, groundskeepers, and nurse’s aides.

Indefinite, yet the physical green card must be renewed every 10 years.

1. Professionals

• You must be able to prove the applicant has a U.S. bachelor’s degree (or foreign equivalent). Additionally, it must be proven that the bachelor’s degree is the normal, entry-level requirement for the position.
• There must be no qualified U.S. workers available to fill the green card role.
• You or the employee may not substitute years of on-the-job experience or education for a formal bachelor’s degree.

2. Skilled Workers

If you’re sponsoring someone under the skilled worker designation, you must be able to prove they have at least two years of job experience or training, and they will perform work that there are no qualified U.S. citizens available for.

3. Unskilled or Other Workers

For this subcategory, the applicant must be able to perform unskilled labor (defined as requiring less than two years of training or experience) for a role that does not have U.S. citizens available to perform.

The PERM (Program Electronic Review Management) Labor Certification process protects skilled U.S. workers from displacement by less-skilled foreign workers. Companies must prove they took reasonable measures to fill an open position with a U.S.-based worker.

This multi-step process typically takes 10 to 12 months and is required for both EB-2 and EB-3 green cards. PERM certification must be completed prior to filing for a green card, so it’s recommended that HR professionals thoroughly understand what’s involved to avoid delays.

The PERM process consists of two parts:

• Recruitment: This step involves obtaining a prevailing wage determination from the Department of Labor, posting a series of job ads, and reviewing candidates’ qualifications.
• Filing: This step requires the employer to produce information related to the job (duties, location, prevailing wage, etc.), recruitment process details, and information about the applicant’s ability to fill the role.

• Government form filing fee: $1,925
• Premium processing: This service is available for one stage of the EB-3 green card application process, filing Form I-140 Immigrant Petition for Alien Worker. However, it’s not available for other portions of the application, including the PERM Labor Certification Process.

Individuals may concurrently file the green card applications for their spouse and minor children along with their green card application. While the green card applications are pending, any dependent may apply for work and travel authorization.

A maximum of 140,000 applicants can be awarded employment-based green cards per year. No country may receive more than 7 percent of the total green cards in this quota.

Yes, they can. When the primary applicant’s priority date becomes current, the recipient’s spouses and minor children may also apply to adjust status to obtain their green cards.

This employment-based green card has laxer eligibility guidelines than EB-1. However, the time-consuming PERM Labor Certification process is a prerequisite. The PERM process is designed to test the labor market to ensure there are no ready, willing, and able U.S. workers who could qualify for the job offer.

U.S. Citizenship and Immigration Services receives a massive volume of employment-based green card applications every year, creating a significant backlog. As a result, the U.S. Department of State issues the monthly Visa Bulletin, which provides updates regarding dates for filing applications and application final action dates.

Here’s how to decipher the Visa Bulletin tables:

• C = Current: There is no backlog for the particular category.
• U = Unauthorized: No green cards can be issued for that category.
• Listed Date: Filing Application Date/Application Final Action Date. The Final Action Date table reflects the priority dates in which USCIS is adjudicating I-485 cases, while the Filing Application Date table reflects the priority dates to which a person can file their I-485 case.