Understanding Employment-Based Immigration Categories

Employment-based (EB) immigration lets U.S. employers—and in some cases, individuals—sponsor foreign nationals for lawful permanent residence (green cards). Visas are divided into preference categories, each with distinct requirements, evidence, and wait times.

EB-1 (Priority Workers)

• Extraordinary Ability (EB-1A): Individuals at the top of their field (science, arts, business, athletics). Self-petition allowed; no job offer or PERM.
• Outstanding Professors/Researchers (EB-1B): International recognition + qualifying job offer.
• Multinational Managers/Executives (EB-1C): One year in a qualifying overseas role + U.S. managerial/executive position.

EB-2 (Advanced Degree / Exceptional Ability)

• Requires a master’s (or bachelor’s + 5 years) or exceptional ability.
• PERM labor certification usually required.
• National Interest Waiver (NIW): Skip PERM and job offer by showing work has substantial merit, national importance, and you’re well positioned to advance it.

EB-3 (Skilled/Professional/Other Workers)

• Professionals (bachelor’s), Skilled workers (2+ years’ training), Other workers (less than 2 years).
• PERM required; longer queues are common for “other workers.”

EB-4 (Special Immigrants)

• Religious workers, certain broadcasters, special immigrant juveniles, some U.S. government employees abroad, and other niche classes.

EB-5 (Investors)

• Capital investment in a new commercial enterprise creating 10 full-time U.S. jobs.
• Amounts vary by project/location (e.g., TEA vs. non-TEA) and must meet strict source-of-funds rules.

Key Process Concepts

• Priority Date: Controls your place in line; set by PERM filing or I-140 (NIW/EB-1A).
• Adjustment of Status vs. Consular Processing: Choose based on location, travel needs, and timing.
• I-140 + I-485 Concurrent Filing: Possible when the Visa Bulletin shows your category as current.
• EAD/Advance Parole: Available with a pending I-485; enables work and travel.
• Portability (AC21): After 180 days of a pending I-485 and an approved I-140, many applicants may change to a same or similar job.
• Retrogression: Demand can exceed visa supply, causing waits. Plan status extensions and travel carefully.

Bottom line: Selecting the right category, timing filings to the Visa Bulletin, and building decision-ready evidence are essential. A tailored strategy can accelerate approval and reduce risk.