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    US Employment-Based (EB) Visas

    Permanent green card routes through employer sponsorship

    The United States provides five main categories of employment-based (EB) immigrant visas that lead to a green card; EB-1, EB-2, EB-3, EB-4, and EB-5. Each category has different requirements based on your skills, experience, investment, or special status. Spouses and unmarried children under 21 may also qualify as dependents.

    EB-1 Visa Priority Workers

    EB 1: Priority Workers

    Subcategories

    Subcategories:

    • EB‑1A: Individuals with extraordinary ability (arts, sciences, business, athletics) – self‑petitioning (no employer sponsorship required).
    • EB‑1B: Outstanding professors and researchers.
    • EB‑1C: Multinational executives/managers transferring to U.S. affiliate.

     

    Steps & Timeline

     

    1. PERM Labor Certification: Not required.
    2. Form I‑140: Employer or self-file for EB-1A. Timeline: 6–9 months; Premium processing possible (~15 days).
    3. I‑485 / Consular Processing: File when priority date is current. Adjustment typically takes 8–14 months depending on USCIS location.

    Compliance Essentials

     

    • Provide comprehensive evidence packages (awards, publications, executive role responsibilities).
    • Maintain records of employment and role continuity.

    Help employees monitor the Visa Bulletin for priority

    EB-2 Visa Advanced Degree or Exceptional Ability

    EB-2: Advanced Degree or Exceptional Ability

    With or without a labor certification; National Interest Waiver (NIW) available

    Steps

    1. PERM Labor Certification (unless filing NIW): ~10–18 months.
    2. Form I‑140: Employer or self-petition for NIW; processing in 6–9 months (Premium ~15 days).
    3. I‑485 / Consular Processing: When

    Compliance

    • Secure PERM documentation and recruitment advertising.
    • For NIW, assemble case proving national benefit.
    • Timely filing when visa numbers become current.

    EB-3 Skilled, Professional & Other Workers

    For bachelor’s holders, skilled workers, and unskilled labor

    EB-3 Visa

    Process

    1. PERM Labor Certification: ~10–18 months.
    2. Form I‑140: ~6–9 months; Premium processing available.
    3. I‑485 / Consular Processing: When dates are current; expect 8–14 months.

    Compliance

    • Sponsor ensures valid job offer is maintained.
    • Monitor for potential PERM audits or recruitment back-and-forths.
    • Assist workers in maintaining lawful status, especially if intermediate visa statuses expire.

    EB-4: Special Immigrants

    Religious workers, broadcasters, others

    USA visas

    Steps

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    1. Form I‑360: Filed by employer or organization; processing ~6–9 months.
    2. I‑485 / Consular: When current

    Compliance

    • Provide documentation of religious organization’s tax‑exempt status.
    • Maintain records of the beneficiary’s role and duties, with evidence of continuous religious activity.

    EB-5: Immigrant Investors

    Green card through substantial investment

    EB-5 Visa: Green card through substantial investment

    Steps

    1. Form I‑526: Document investment ($800k–$1M), job creation; processing 15–24 months.
    2. Conditional Green Card: Via I‑485 or consular processing.
    3. Remove Conditions: File I‑829 within 90 days of the 2nd anniversary; filing takes 12–18 months

    Compliance

    • Maintain clear financial records.
    • Track job creation alignment with USCIS requirements.
    • Provide annual reporting as required for conditional permanent residency.