Green Card For Employment

Green Card for Employment

U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include:

First preference (EB-1) – priority workers
- Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;
- Outstanding professors and researchers; or
- Certain multinational managers and executives.
Second preference (EB-2) – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers).
Third preference (EB-3) – skilled workers, professionals, or other workers.

For more information on other types of employment-based immigrants, see our pages on Green Cards for EB-4 special immigrants (for example, religious workers and special immigrant juveniles) and EB-5 immigrant investors. If you are currently outside the United States, see Consular Processing for information about how to apply for a Green Card as a family preference immigrant.

Applying for employment-based Green Cards

Depending on your category and qualifications, the Green Card application process for work-based immigration differs. In all cases, a petition needs to be filed with USCIS, which is either done by yourself or your future US employer. Your current whereabouts also play a role in the process. A distinction is made between the consular process and the so-called “Adjustment of Status”:

Applying for a Green Card outside of the USA:

As long as you are still in a foreign country, you will go through the so-called consular processing. This means:

You or your US employer file the immigrant petition (depending on your case).
You pay the fees (after notification from National Visa Center NVS), deliver additional evidence (if applicable), and wait for a decision from USCIS.
You go to an interview appointment at your US embassy or consulate and go through a medical examination.
Your visa is granted.
You receive your Green Card.

What is the Process of Getting an Employer Sponsored Green Card?

Getting an employer sponsored green card is a 3-step process. First, your employer is required to get an approved Labor Certification from the United States Department of Labor (DOL). Second, your employer must file an immigrant petition on your behalf (Form I-140). Third, you are required to either adjust status (Form I-485) or apply for your immigrant visa (Form DS-260). Let’s now discuss each of these steps in more detail.