Green Card for Employment-Based Immigrants

Green Cards are provided by the US Citizenship and Immigration Services (USCIS)^[1] to allow US employers to employ foreign workers.

General Info:

• Individuals in certain occupations may be eligible to become a lawful permanent resident based on an offer of permanent employment in the United States, therefore receiving “a Green Card.”

Employment-Based Preference Categories:

• First Preference (EB-1): Priority workers with an extraordinary ability in the sciences, arts, education, business or athletics; Outstanding professors or researchers; or, certain managers and executives of multinational organizations.
• Second Preference (EB-2): Members of a profession holding an advanced degree or its equivalent, or who have exceptional ability.
• Third Preference (EB-3): Skilled workers whose jobs require at least 2 years of training/experience, professionals whose job requires a US baccalaureate or its foreign equivalent, or other workers seeking to perform unskilled labor requiring less than 2 years of experience/training.

Labor Certification Required?

• Labor certification is required for EB-2 applicants without a national interest waiver and for all EB-3 applicants.
• Labor certification is not required for EB-1 applicants or EB-2 applicants that have been granted a national interest waiver.

Typical Application Process:

• The process for application depends on a number of factors.
• Individuals applying for a Green Card from outside the United States should reference the USCIS Consular Processing webpage for additional information.
• Individuals applying and already living inside the United States should reference the USCIS Adjustment of Status webpage.
• A general overview of the process can also be found here.

Typical Length of Employment Authorization:

• Potentially permanent.

More Information:

• Employment-based visas are currently limited to 140,000 per year, with limits to the percentage of immigrant visas allotted to each country.
• The most accurate and up to date information regarding Green Cards for Employment-Based Immigrants is available from the US Citizenship and Immigration Services.
• This content was last updated on 1/21/2021.

This information is not meant to be regarded, interpreted, or relied upon as legal advice. While APS will work to keep this information up to date, be aware that visa and immigration policies are always subject to change and we recommend readers reference official government resources.

Return to Employment Resources for International Members

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[1] https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants