Employment-Based Immigration

Employment-based immigration provides pathways for workers, professionals, and investors to obtain permanent residence in the United States. Each preference category has specific requirements and varying wait times based on country of chargeability.

Employment Visa Categories

Select a category to view current priority dates and track your case.

EB1
Priority Workers
The EB1 category is the highest preference employment-based visa for individuals with extraordinary ability, outstanding professors and researchers, and multinational managers or executives.
EB2
Advanced Degree Professionals
The EB2 category is for professionals with advanced degrees or individuals with exceptional ability in sciences, arts, or business. This includes the popular National Interest Waiver (NIW) option.
EB3
Skilled Workers, Professionals & Other Workers
The EB3 category is the third preference employment-based visa, covering skilled workers, professionals, and other workers. Each subcategory has different requirements and separate visa allocations.
EB4
Special Immigrants
The EB4 category covers special immigrants including religious workers, certain broadcasters, Iraqi/Afghan translators, and other specialized categories defined by immigration law.
EB5
Immigrant Investors
The EB5 category provides green cards through investment in U.S. commercial enterprises. The 2022 EB5 Reform Act created reserved categories with dedicated visa allocations.

Frequently Asked Questions

What is employment-based immigration?

Employment-based immigration provides green cards based on job skills, professional qualifications, or investment. Most categories require employer sponsorship, though some (like EB1-A and EB2-NIW) allow self-petition.

Do I need a job offer for employment-based immigration?

Most EB categories require a job offer and employer sponsorship. Exceptions include EB1-A (extraordinary ability self-petition), EB2-NIW (national interest waiver), and EB5 (investor visa).

What is PERM labor certification?

PERM is a process where employers prove no qualified U.S. workers are available for the position. It's required for most EB2 and EB3 cases, but not for EB1, NIW, EB4, or EB5.

Why are India and China backlogs so long?

Per-country limits cap each country at 7% of total employment visas. High demand from India and China, combined with these limits, creates multi-year or multi-decade backlogs.

What is a priority date?

Your priority date is typically when your PERM labor certification was filed (for EB2/EB3) or when your I-140 petition was filed (for EB1). This date determines your place in line.

What is concurrent filing?

When your priority date is current, you can file Form I-485 (adjustment of status) at the same time as your I-140 petition. This allows you to obtain work authorization (EAD) and travel documents (Advance Parole) while waiting.

What is premium processing?

Premium processing (Form I-907) guarantees a 15 or 45 business day response on your I-140 petition for an additional fee. It's available for EB1, EB2, and EB3 categories but does not speed up visa availability or I-485 processing.