Eligibility Criteria for an Employment-Based Green Card
Getting a U.S. green card through employment means meeting specific requirements. These include who can apply, what skills or education you need, and whether you need an employer to sponsor you or can apply on your own.
Understanding these details helps you know your options and prepare your application properly.
Who Can Apply for a Green Card Through Employment
You can apply for an employment-based green card if you are in the United States under valid status or if you are outside the country and eligible for consular processing. You must have an approved immigrant petition, usually Form I-140, filed by a U.S. employer or yourself in some cases.
Common categories include professionals, skilled workers, and workers with extraordinary abilities. Your job must qualify under one of the employment-based preference categories: EB-1, EB-2, or EB-3.
You can also apply as a derivative if you are the spouse or unmarried child under 21 of an eligible principal applicant. You must be admissible to the U.S. and not barred from adjustment of status.
Physical presence in the U.S. is necessary at the time you file if you are adjusting status within the country.
Skill, Education, and Experience Requirements
Each employment-based green card category has different requirements for skills, education, and experience. For example:
- EB-1: For people with extraordinary ability, outstanding professors, researchers, or multinational executives and managers. You need to show proof of achievements, awards, or high-level experience.
- EB-2: Requires an advanced degree (master’s or higher) or exceptional ability in sciences, arts, or business. Sometimes, a National Interest Waiver lets you skip employer sponsorship if your work benefits the U.S.
- EB-3: For professionals with a bachelor’s degree, skilled workers with at least two years of experience, or unskilled workers for certain jobs.
You must prove your qualifications with documents like diplomas, employer letters, and evidence of your work experience. The job offer must match your skills and education level.
Employer Sponsorship Versus Self-Petitioning
Most applicants need employer sponsorship. Your U.S. employer files Form I-140 for you and offers a permanent job.
The employer must get a labor certification from the Department of Labor to confirm no qualified U.S. worker is available for the role. Some applicants can self-petition without an employer.
For example, individuals with extraordinary ability (EB-1A) or those eligible for a National Interest Waiver (EB-2 NIW) can apply on their own. You need to prove your achievements and how your work benefits the country.
Consulting an immigration attorney can help you decide which path is best for your green card process.
Types of Employment-Based Green Cards: EB Visa Categories
You can apply for an employment-based Green Card under several categories, each with distinct eligibility rules. These categories are designed for different types of workers, from those with extraordinary abilities to investors and special immigrants.
EB-1: Priority Workers and Extraordinary Ability
The EB-1 category is for people with the highest priority who have exceptional skills. This includes individuals with extraordinary ability in sciences, arts, education, business, or athletics.
You don’t need a job offer if you qualify under EB-1A, which is for self-petitioners showing sustained national or international acclaim. Other EB-1 subgroups include outstanding professors, researchers, and certain multinational managers or executives.
This category usually has faster processing times and does not always require labor certification.
EB-2: Advanced Degree and Exceptional Ability
EB-2 is for professionals with advanced degrees or those with exceptional ability in their field. To qualify, you generally need a job offer and a labor certification from your employer unless you apply for a National Interest Waiver (NIW).
The NIW lets you skip the job offer requirement if you can prove your work benefits the U.S. national interest. This is often for researchers, scientists, or professionals with projects of broad importance.
EB-3: Skilled Workers and Professionals
EB-3 covers skilled workers with at least two years of training or experience, professionals with at least a U.S. bachelor’s degree or its foreign equivalent, and other workers in unskilled labor that is not temporary or seasonal.
You must have a permanent, full-time job offer, and your employer must get labor certification before you apply. Processing times may be longer than EB-1 and EB-2, depending on visa availability and demand.
EB-4 and EB-5: Special Immigrants and Investors
EB-4 is for special immigrants such as religious workers, certain employees of the U.S. government abroad, and some other categories like broadcasters or Iraqi/Afghan translators.
EB-5 is for immigrant investors who invest between $800,000 and $1,050,000 in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. This category requires proof of investment and job creation.
Step-by-Step Employment-Based Green Card Process
The process to get a green card through employment involves several key steps. Each step has specific requirements and forms you must complete.
PERM Labor Certification and U.S. Department of Labor
Your employer must first get a PERM labor certification from the U.S. Department of Labor (DOL). This proves that there are no qualified U.S. workers available for the job you will fill.
The employer must show that hiring you will not hurt the wages and working conditions of American workers. The PERM process includes:
- Placing job ads to test the labor market
- Documenting recruitment efforts
- Filing the labor certification within 180 days after recruitment
The DOL reviews the application to ensure all rules were followed. Approval allows the employer to move to the next step of filing your immigrant petition.
Filing the Immigrant Petition: Form I-140
Once the PERM labor certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. This form shows that you meet the job qualifications and that the employer can pay your offered wage.
If you apply under certain categories, like EB-1 or EB-2 with a National Interest Waiver, you might be able to file the I-140 yourself. USCIS reviews the Form I-140 petition to confirm eligibility.
Approval recognizes you as an immigrant worker eligible for a visa number based on your category and priority date.
Adjustment of Status and Form I-485
If you are already in the U.S., you can apply to adjust your status to a lawful permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status. You must have an approved or pending I-140 and a visa number available.
You need to be physically present in the U.S. and meet eligibility requirements like admissibility and maintaining lawful status. Along with Form I-485, you will provide supporting documents like medical exams, proof of identity, and evidence of your job offer.
USCIS will review your application and may schedule an interview before making a final decision.
Understanding Priority Dates, Visa Bulletin, and Visa Availability
To get your U.S. green card through employment, you need to know how your place in line is set and how to track when a visa becomes available. The visa process depends on limits and timing, but you can follow the system by understanding key terms.
How Priority Dates Work
Your priority date marks your place in the green card queue. It is usually the date when the U.S. Department of Labor accepts your labor certification or when USCIS receives your immigrant petition (Form I-140).
This date decides when you can apply for your green card. The earlier your priority date, the closer you are to getting a visa.
If your category requires labor certification, the priority date starts with the certification’s acceptance. If not, it starts when USCIS accepts your petition.
Keep your I-797 Notice of Action safe because it shows your priority date.
Checking the Visa Bulletin for Updates
The U.S. Department of State publishes the Visa Bulletin every month. This updates which priority dates are currently eligible to apply for a green card.
The bulletin has two important charts:
- Application Final Action Dates show when visas can be issued.
- Dates for Filing Applications tell you if you can submit your paperwork.
Look for your employment category and country of chargeability in these charts. If your priority date is earlier than the date listed, you may be able to move ahead.
The bulletin also shows letters like “C” (current, meaning no wait) or “U” (unavailable). Visa dates can move forward or backward, so check monthly.
Visa Availability and Quotas
There are limits on how many employment-based green cards are available each year—about 140,000 total. These are split into categories and worldwide country limits.
If more people want visas than are available, a backlog forms. This backlog depends on your job category, country, and priority date.
The National Visa Center helps organize applicants and schedule visa interviews when your date is current. Visa availability changes each month, so check regularly.
Document Checklist and Application Tips
To get your green card through employment, you need to prepare specific forms and evidence carefully. Avoid common errors and know when to get professional legal help.
Essential Forms and Evidence Required
You must submit Form I-140, Immigrant Petition for Alien Worker, filed by your employer. This shows you qualify for an employment-based green card.
Next, if you are in the U.S., you will likely file Form I-485, Application to Register Permanent Residence or Adjust Status, to complete your green card process.
Gather these key documents:
- Approved I-140 petition notice
- Employment verification letters from your employer
- Passport and visa copies
- Form I-94 Arrival/Departure record
- Medical examination report (Form I-693)
- Two recent passport-style photos
You must also pay filing fees. For Form I-485, this is about $1,140 plus an $85 biometrics fee. Premium processing for I-140 is an option to speed up processing.
Common Mistakes to Avoid
Double-check your forms for errors before submitting. Mistakes in personal information or missing documents can delay your case or lead to denial.
Don’t forget to include all required fees or a fee waiver request if eligible. Missing fees can cause rejection.
Attend all biometrics appointments and interviews scheduled by USCIS. Skipping these without a valid reason will likely stop your application.
Disclose any criminal history or immigration issues honestly. Hiding details can result in denial or removal proceedings.
Keep copies of everything you send, and respond quickly to any USCIS requests for more evidence.
Working With an Immigration Attorney
An immigration attorney can help you navigate the complex process of employment-based green card applications. They can review your documents to ensure they meet USCIS requirements and help avoid common pitfalls.
If your case is complicated, an attorney can advise on premium processing, waivers, or appeals. They also can represent you during interviews or if you receive a denial notice.
Hiring an attorney is especially useful if you have unusual circumstances or criminal history affecting eligibility.
Consular Processing for Applicants Outside the United States
When applying for a green card through employment from outside the U.S., you will work with a U.S. consulate or embassy in your country. The process involves several official steps and requires specific paperwork, interviews, and fees handled by different government agencies.
Consular Processing Steps
First, your employer files an immigrant petition (Form I-140) with USCIS. After USCIS approves it, your case moves to the National Visa Center (NVC).
The NVC collects visa fees and requests supporting documents from you. Once your priority date is current, the NVC schedules your interview at the U.S. consulate or embassy.
You cannot apply for adjustment of status inside the U.S. in this process since you are outside the country. After a successful interview, you receive an immigrant visa to enter the U.S. as a permanent resident.
You must pay the USCIS Immigrant Fee online before traveling. This fee covers your green card production after your arrival.
Required Interviews and Documentation
You will attend a visa interview at the designated consulate or embassy. Bring your passport, the visa packet you receive from the consulate, the immigrant visa application form (DS-260), medical exam results, and proof of financial support from your employer.
The consular officer will verify your eligibility and confirm you meet the requirements for the employment-based visa category. If approved, you get an immigrant visa in your passport and instructions for entering the U.S.
Do not open the sealed visa packet you receive. Present it unopened to U.S. Customs and Border Protection when you arrive.
After entry, your green card will be mailed to your U.S. address within 90 days.
After Approval: Maintaining Status and Path to Citizenship
Once you become a lawful permanent resident, you need to know your rights and duties. You must keep your permanent resident card valid and follow rules to avoid losing your status.
Eventually, you can begin steps to become a U.S. citizen.
Rights and Obligations of Lawful Permanent Residents
As a lawful permanent resident, you can live and work anywhere in the U.S. without needing extra permission. Your green card proves your right to work and travel.
You can leave and re-enter the country. However, trips longer than one year may risk your residency if you do not have a reentry permit.
You must carry your permanent resident card at all times as proof of status. You also need to update USCIS if you move, within 10 days.
You must obey all laws and file taxes on worldwide income. Certain crimes may lead to deportation.
Guidelines for Renewing and Maintaining Permanent Residency
Your green card usually lasts 10 years. Start renewing it about six months before it expires by filing Form I-90 online.
If your card is lost, stolen, or damaged, apply for a replacement promptly. Keep your address current with USCIS to receive all documents and notices.
If you do not update your address, you may face delays in renewal or other issues with your immigration records. Long absences from the U.S. may threaten your residency.
If you plan to be gone over a year, get a reentry permit using Form I-131 to protect your green card status.
Transitioning From Green Card to U.S. Citizenship
You can apply for U.S. citizenship after you have held permanent residency for five years. If you are married to a U.S. citizen, you can apply after three years.
You must meet requirements like continuous residence and physical presence. You also need to show good moral character.
You will take an English and civics test unless you qualify for exemptions. The process ends with a naturalization ceremony where you take the Oath of Allegiance.