here are several ways to obtain lawful permanent resident status in the United States through employment, investment, or certain special immigrant categories. Depending on the circumstances, an individual may qualify through a job offer from a U.S. employer, self-petition, an investment in a U.S. commercial enterprise, or another qualifying employment-based category.

Employment-based immigration can be complex. Each category has its own eligibility requirements, documentation, filing procedures, and visa availability. Some employment-based categories require an employer to obtain a labor certification from the U.S. Department of Labor before filing an immigrant petition with U.S. Citizenship and Immigration Services (USCIS), while others do not. 

The Five Employment-Based Green Card Categories

There are five primary employment-based preference categories: EB-1, EB-2, EB-3, EB-4, and EB-5. Each category includes different types of workers, professionals, special immigrants, or investors.

EB-1: Priority Workers

The EB-1 category includes several groups of individuals, including:

• Individuals with extraordinary ability in the sciences, arts, education, business, or athletics
• Outstanding professors and researchers
• Certain multinational managers and executives

Individuals applying based on extraordinary ability may be able to self-petition and generally do not need a specific job offer or labor certification. Other EB-1 classifications have different requirements. 

EB-2: Advanced Degree Professionals and Individuals with Exceptional Ability

The EB-2 category generally includes:

• Professionals holding an advanced degree or its equivalent
• Individuals with exceptional ability in the sciences, arts, or business

Some EB-2 applicants may qualify for a National Interest Waiver (NIW). When an NIW is approved, the job-offer and labor-certification requirements may be waived, and the individual may generally self-petition. Physicians may also qualify for certain National Interest Waiver provisions when they meet the applicable requirements. 

EB-3: Professionals, Skilled Workers, and Other Workers

The EB-3 category includes:

• Professionals whose positions require at least a bachelor’s degree
• Skilled workers whose positions require at least two years of training or work experience
• Other workers performing unskilled labor for which qualified workers are not available in the United States

Many EB-3 cases require a permanent job offer and labor certification from the Department of Labor before the employer files the immigrant petition with USCIS. 

EB-4: Certain Special Immigrants

The EB-4 category covers certain special immigrants who meet specific statutory requirements. Depending on the classification, this may include certain religious workers and other qualifying special immigrants.

The EB-4 category contains several distinct classifications, and eligibility requirements vary significantly depending on the particular type of special immigrant. 

EB-5: Immigrant Investors

The EB-5 program allows qualifying investors, and certain accompanying family members, to seek lawful permanent residence based on qualifying investment and job creation.

Generally, an EB-5 investor must invest the required amount of capital in a qualifying U.S. commercial enterprise and create or preserve at least 10 full-time jobs for qualifying U.S. workers, subject to the specific requirements of the program. 

The required investment amount depends on the type and location of the investment. Because EB-5 requirements and investment thresholds can change, prospective investors should review the current requirements before beginning the process.

Labor Certification

Some employment-based green card cases require an employer to obtain labor certification through the U.S. Department of Labor. The labor-certification process generally involves demonstrating that there are not sufficient able, willing, qualified, and available U.S. workers for the position and that employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Labor certification is not required for every employment-based category. For example, certain EB-1 classifications and EB-2 National Interest Waiver cases may proceed without the employer obtaining labor certification.

The Employment-Based Green Card Process

The process for obtaining an employment-based green card varies depending on the category and the applicant’s circumstances. A case may involve:

1. Determining the appropriate employment-based category
2. Obtaining labor certification, if required
3. Filing an immigrant petition, such as Form I-140, when required
4. Waiting for an immigrant visa to become available, when the category is subject to numerical limits
5. Applying for adjustment of status in the United States when eligible, or completing consular processing abroad
6. Providing required documentation and completing applicable interviews, background checks, and medical requirements

Some applicants may be eligible to file an adjustment-of-status application at the same time as an immigrant petition, depending on visa availability and the requirements of the applicable category. 

The timing and specific steps can vary significantly depending on the employment category, the applicant’s immigration history, the availability of immigrant visa numbers, and whether the applicant is applying from inside or outside the United States.

How Raheen Law Group Can Help

Employment-based immigration requires careful attention to eligibility requirements, supporting documentation, filing procedures, and deadlines. At Raheen Law Group, we can help employers and prospective immigrants understand their employment-based immigration options and navigate the applicable process.

Our attorneys can assist with:

• Evaluating potential employment-based green card categories
• Reviewing eligibility and supporting documentation
• Assisting with labor-certification matters when required
• Preparing and filing employment-based immigration petitions
• Assisting with adjustment of status or consular processing
• Evaluating self-petition options when available
• Guiding employers and employees through the employment-based immigration process

If you are considering an employment-based green card or are an employer seeking to sponsor a foreign national employee, contact Raheen Law Group for a consultation.