Can I Get a Green Card Through Employment?

Green cards are awarded to about 140,000 applicants each year through U.S. employment-based immigration. That total is the cap—the most allowed by law—which was set in 1990 through the Immigration and Nationality Act (INA) and hasn’t been changed since.

Another cap, a 7 percent limit of employment-based green cards available to citizens of each country, also affects the award of work visas. This cap has led to long waits for citizens from some countries, especially those hoping to emigrate from India, China, and the Philippines.

How To Start the Green Card Application Process

The first step for many employment-based (EB) green card holders is the responsibility of the employer: Obtaining permanent labor certification (PERM). The employer is required to recruit U.S. workers for the applicant’s position to test the labor market, the purpose of which is to confirm that:

• There is not a U.S. citizen able, qualified, and willing to accept the job offer for the prevailing wage for that position in the local area;
• The wages and working conditions of similarly employed U.S. workers will not be adversely affected.

Following certification, the employer files the immigration form I-140 (Immigrant Petition for Alien Worker) with the USCIS. If there is no waiting list for the particular employment-based green card, the applicant moves on to the final step: Filing immigration form I-485 (Application to Register Permanent Residence or Adjust Status).

Which Foreign Workers Qualify?

There are five employment-based preference categories that an applicant can qualify under: EB-1 through EB-5. Most applicants apply under green card categories EB-1 through EB-3 since EB-4 pertains to religious workers, and the EB-5 category allows immigrant investors to obtain a green card if investing $500,000 to $1 million in a business that employs others.

EB-1 Eligibility

There are subcategories within each EB category. To obtain a green card under the first employment-based preference category, EB-1, the applicant must be able to demonstrate either:

• Extraordinary ability and work experience in the sciences, arts, education, business, or athletics;
• International recognition for outstanding achievements in an academic field as a professor or researcher; or
• That they’re a multinational manager or executive.

EB-2 Eligibility

Those who demonstrate extraordinary ability can self-petition for a green card without a U.S. employer sponsor and skip the labor certification process. The same goes for those who qualify through the national interest waiver under category EB-2. To be eligible under the EB-2 category, the applicant must demonstrate either:

• That they’re a member of a profession that requires an advanced degree, and the applicant possesses such a degree or its equivalent;
• Exceptional ability in the sciences, arts, or business; or
• That it’s in the national interest that the applicant be granted a green card.

EB-3 Eligibility

Applicants under the third preference category, EB-3, must demonstrate either:

• That they possess a U.S. bachelor’s degree (or foreign degree-equivalent) and that a bachelor’s degree is the normal requirement for the job;
• Two years of job experience or training as a skilled worker; or
• Unskilled workers with less than two years of job experience performing work that is not of a temporary or seasonal nature.

How Long Is the Application Process?

The U.S. Department of State publishes a U.S. visa bulletin, updated monthly, which shows priority dates and wait times for applicants. Because the EB-3 category contains the least stringent requirements to obtain a green card, it’s the most competitive. The EB-1 category has the strictest requirements and is less competitive. Wait times can be up to several years, depending on the immigrant category and country.

Find an Experienced Immigration Lawyer

Obtaining lawful permanent residence through the employment-based process can be competitive and time-intensive. Applicants and employers should consult with an experienced immigration attorney to give them the best chance of success. Learn more about immigration law, the green card process, and adjustment of status.