Employment-Based Immigrant Visas (Green Cards)

One way of applying for a green card to live in the United States indefinitely is through employment-based immigration.  There are five categories, as follows:

• EB-1 – Priority Workers
• EB-2 – Advanced-degree Holders and Aliens of Exceptional Ability
• EB-3 – Professional, Skilled and Other Workers
• EB-4 – Special Immigrants
• EB-5 – Employment Creation/Investors

An employer who is willing to sponsor an alien for one of these categories must follow the following process for the alien to receive his or her green card:

• Obtain an approved Labor Certification from the U.S. Department of Labor (requirement waived for certain preference categories);
• Have an approved employment-based I-140 petition from the U.S. Citizenship and Immigration Services (“USCIS”);
• USCIS Processing Times are available here
• Have a current priority date based on the Visa Bulletin issued by the U.S. Department of State; and
  • The priority date of the petition depends on the preference category.  It can be thought of as a waiting period based on the employment-based category. 
• Apply for an immigrant visa with the U.S. Department of State if outside the United States, or for adjustment of status if in the United States.

IMPORTANT:
Those who entered without inspection, who have been out-of-status for more than 180 days, who have removal/deportation orders, and/or who have or had criminal problems may not be eligible for an immigrant visa or for adjustment of status in the United States.  As a result, it is extremely important to contact us or schedule an initial consultation to discuss your particular case.

Please also visit the rest of our website to see other ways to obtain a green card to live in the United States.