EB-1, EB-2 and EB-3 are the three main employment-based green card categories. EB-1 covers people with extraordinary ability, outstanding professors and researchers, and multinational managers. EB-2 covers advanced-degree professionals and people with exceptional ability. EB-3 covers professionals, skilled workers and other workers. Each starts with Form I-140 and waits for a visa number based on category and country of birth.
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| Who files | The employer, or you yourself for EB-1A and the National Interest Waiver |
|---|---|
| Main forms | PERM where required, Form I-140, then Form I-485 or a consular visa |
| Labor certification | Not needed for EB-1 or a National Interest Waiver; usually needed otherwise |
| Family | Spouse and unmarried children under twenty-one included as derivatives |
| Attorney fee | A flat fee for each stage, agreed in writing before work begins |
| Government fees | Set by USCIS and the State Department, paid separately |
What are the EB-1, EB-2 and EB-3 green card categories?
The EB-1, EB-2 and EB-3 categories are the three main routes to an employment-based green card. They are the preference categories set out in section 203(b) of the Immigration and Nationality Act. Each has an annual allocation of visa numbers, and each covers a different kind of worker. Together they form the permanent half of employment immigration.
| Category | Who it covers | Job offer and PERM |
|---|---|---|
| EB-1 | Extraordinary ability; outstanding professors and researchers; multinational managers and executives | No PERM; EB-1A needs no job offer |
| EB-2 | Advanced-degree professionals; exceptional ability in the sciences, arts or business | PERM, unless a National Interest Waiver |
| EB-3 | Professionals, skilled workers and other workers | PERM and a job offer |
The same person can qualify in more than one category. For example, a researcher with a doctorate might file under EB-1B, EB-2 with an employer, or an EB-2 National Interest Waiver. The choice affects the evidence, the timeline and who controls the case.
Who qualifies for the EB-1 category?
The EB-1 green card is the first preference category, for people at the highest level of their field and for senior multinational managers. None of its three subcategories requires labor certification.
- EB-1A, extraordinary ability Sustained national or international acclaim in the sciences, arts, education, business or athletics. You show it by a one-time major award or at least three of ten regulatory criteria, followed by an overall assessment of the evidence. You can file for yourself, and you must be coming to continue work in your field.
- EB-1B, outstanding professors and researchers International recognition in an academic field and at least three years of teaching or research experience. You also need a qualifying permanent job offer from a university or research employer.
- EB-1C, multinational managers and executives At least one year in the preceding three working abroad as a manager or executive for a related company. The US role must also be managerial or executive, with an employer doing business for at least a year. Many come from the L-1 visa.
The EB-1A evidence overlaps with the O-1 extraordinary ability visa, but the green card standard is generally harder to meet.
Who qualifies for EB-2 and the National Interest Waiver?
EB-2 is for members of the professions holding an advanced degree and for people with exceptional ability in the sciences, arts or business. USCIS describes both on its EB-2 page. Most EB-2 cases need a job offer and labor certification, unless the National Interest Waiver applies.
- Advanced degree A US master’s degree or higher, or a foreign equivalent. Alternatively, a bachelor’s degree followed by at least five years of progressive post-degree experience in the field. The job itself must require that level.
- Exceptional ability Ability significantly above that ordinarily encountered in the field. You show it through at least three of six criteria, such as a degree, ten years of experience, a license, high salary, memberships or recognition.
- National Interest Waiver An EB-2 national interest waiver is a self-petition, without a job offer or labor certification. It follows the three-part Matter of Dhanasar test. The work has substantial merit and national importance, you are well positioned to advance it, and on balance waiving the usual requirements benefits the United States.
Who qualifies for an EB-3 green card?
The EB-3 green card is for workers whose permanent job offer requires a bachelor’s degree or at least two years of training or experience. The other-workers subcategory covers jobs needing less. Every EB-3 case needs a job offer and, in nearly all cases, PERM labor certification.
Many employers use EB-3 for skilled trades, nurses, hospitality and manufacturing roles. It also suits professional jobs that need only a bachelor’s degree. The other-workers subcategory has a smaller annual allocation and often a longer wait. Professional nurses and physical therapists, as Schedule A occupations, skip the PERM recruitment process.
How does the employment-based green card process work?
The employment-based green card process runs in three stages, and the categories that do not need labor certification skip the first stage.
- Labor certification The employer completes PERM with the Department of Labor, where the category requires it.
- Immigrant petition The employer, or you in a self-petition, files Form I-140 with USCIS. It proves the category and, for employer cases, the ability to pay the offered wage. Premium processing is available for I-140 petitions for a separate government fee.
- The final application Once your priority date is current, you file Form I-485 for adjustment of status inside the United States. Otherwise, you complete the case at a US consulate abroad. Where a visa number is available, you can file Form I-485 at the same time as the I-140.
While Form I-485 is pending, you can apply for a work permit and an advance parole travel document. The case covers you, your spouse and your unmarried children under twenty-one.
How long does an employment-based green card take?
An employment-based green card can take from around a year to many years. The difference comes mostly from the visa queue for your category and your country of birth, not from USCIS processing.
Each category has an annual allocation. In addition, a per-country limit means that no single country can use more than a set share of the total each year. People born in countries with heavy demand, such as India and China, often wait far longer than people born in Armenia or Russia. Your country of birth is what counts, not your citizenship. In some cases a spouse’s country of birth can count instead.
The State Department publishes the visa bulletin monthly, and dates can move forward or backward. Processing times also change without notice, so the firm gives a realistic range for your category and country rather than a date.
What goes wrong in these cases?
Most employment-based green card problems come from choosing the wrong category. Others come from evidence that does not match the requirements, or from status problems during the long wait.
- Experience you cannot prove Degree and experience claims need letters from past employers and records that match the dates and duties exactly.
- Ability to pay The employer must show it could pay the offered wage from the priority date onward. A small or new business can struggle with this, especially across several sponsored workers.
- Status gaps during the wait Time out of status, or unauthorized work, can bar adjustment of status in some categories. That is why a valid work status, such as an H-1B visa, matters throughout the wait.
- Children aging out A child who turns twenty-one before the case finishes may lose derivative status. The Child Status Protection Act can help, but the calculation is technical.
What does an employment-based green card cost with this firm?
The firm quotes each stage of an employment-based green card as a flat fee, agreed in writing before any work begins. The fee does not change because the case takes longer than expected. Where the case involves PERM, the regulations require the employer to pay the labor certification costs. USCIS and the State Department set the government filing fees, including any premium processing fee. You pay them separately.
The fees and consultations page explains how quotes work, and the first consultation is free.