For many foreign nationals seeking permanent residence in the United States, the employment-based green card offers a pathway to obtaining lawful permanent residency. The Employment-Based (EB) Green Card is a highly sought-after immigration option that allows U.S. employers to sponsor foreign workers in specific job categories, enabling them to live and work permanently in the U.S.
The EB green card process is divided into several categories, known as EB categories, each with specific requirements, eligibility criteria, and processing timelines. In this article, we will break down the Employment-Based (EB) categories, explaining each of the five main EB visa preference categories and the steps involved in applying for a green card through employment.
What is an Employment-Based Green Card?
An employment-based green card is a permanent residence status granted to foreign nationals who are sponsored by a U.S. employer. This type of green card allows individuals to live and work in the U.S. on a permanent basis. The EB green card process generally involves multiple steps, including:
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Labor certification (for most categories)
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Filing a petition by the employer
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Approval of the green card application by U.S. Citizenship and Immigration Services (USCIS)
The EB green card categories are designed to accommodate various levels of workers, from highly skilled professionals to unskilled laborers.
Employment-Based Green Card Categories (EB-1 to EB-5)
The Employment-Based (EB) categories are divided into five preference categories, each with its own eligibility requirements, processing times, and annual visa quotas. The categories are:
1. EB-1: Priority Workers
The EB-1 category is reserved for individuals with extraordinary skills, achievements, or qualifications in their respective fields. This category is considered the highest priority for employment-based green cards and has no need for labor certification, which speeds up the process.
There are three sub-categories under the EB-1 preference:
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EB-1A: Extraordinary Ability
This sub-category is for individuals who have extraordinary ability in fields such as science, arts, education, business, or athletics. Applicants must demonstrate national or international recognition through achievements like awards, publications, or major contributions to their field. -
EB-1B: Outstanding Professors and Researchers
This sub-category is for professors and researchers who have been recognized as leaders in their field. Applicants must have at least three years of experience in teaching or research and be internationally recognized for their achievements. -
EB-1C: Multinational Executives and Managers
This sub-category is for individuals who are working for a multinational company and are being transferred to a U.S. branch, affiliate, or subsidiary. The applicant must have at least one year of experience in a managerial or executive role with the company.
2. EB-2: Professionals with Advanced Degrees or Exceptional Ability
The EB-2 category is for professionals with advanced degrees or individuals who demonstrate exceptional ability in their fields. This category requires a job offer from a U.S. employer and a Labor Certification, but it offers an exemption from the Labor Certification requirement in some cases, such as for individuals with national interest waivers.
There are two sub-categories under the EB-2 preference:
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EB-2A: Advanced Degree Holders
This sub-category is for individuals who hold an advanced degree (beyond a bachelor’s degree), such as a master’s or doctorate, in fields such as engineering, medicine, or business. A job offer from a U.S. employer is required. -
EB-2B: Exceptional Ability in the Arts, Sciences, or Business
This sub-category is for individuals who can demonstrate exceptional ability in their professional field. Evidence might include published work, letters of recommendation, and membership in professional associations.
3. EB-3: Skilled Workers, Professionals, and Other Workers
The EB-3 category is for workers in three sub-categories:
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Skilled Workers: Workers with at least two years of experience or training in a specific occupation, such as technical jobs in engineering or healthcare.
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Professionals: Workers with at least a bachelor’s degree who are qualified for jobs that require a university education (e.g., teachers, accountants, engineers).
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Other Workers: Unskilled workers who perform jobs that require less than two years of training or experience (e.g., agricultural workers, cleaners, and other manual labor).
The EB-3 category is subject to annual visa quotas and typically has longer processing times than the EB-1 and EB-2 categories.
4. EB-4: Special Immigrants
The EB-4 category is reserved for special immigrants who include certain religious workers, employees of U.S. foreign service posts, and other specific groups. Some examples of individuals eligible under EB-4 include:
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Religious workers (ministers, priests, etc.)
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Afghan or Iraqi nationals who worked for the U.S. government
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Certain international organization employees
This category has specific eligibility requirements depending on the applicant’s background.
5. EB-5: Investor Visa
The EB-5 category provides a green card to individuals who invest in the U.S. economy. The EB-5 visa is a foreign investor program designed to stimulate the U.S. economy by attracting foreign capital to create jobs for U.S. workers. There are two main ways to qualify for the EB-5 visa:
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Direct Investment: Investing at least $1 million in a U.S. business that creates at least 10 jobs for U.S. workers.
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Targeted Employment Areas (TEA): If the investment is made in a rural or high-unemployment area, the required investment is reduced to $500,000.
The EB-5 visa is a pathway to permanent residency through investment in the U.S. economy, and it is highly attractive to individuals with the financial means to invest.
The H-1B vs. EB Green Card: Key Differences
While both H-1B visas and EB green cards are employment-based, there are key differences between the two:
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Temporary vs. Permanent: The H-1B visa is a non-immigrant visa for temporary workers, whereas the EB green card is for permanent residency.
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Duration: The H-1B visa is typically valid for 3 years and can be extended up to 6 years, while the EB green card grants permanent residence.
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Eligibility: The H-1B visa requires a U.S. employer to sponsor a foreign worker for a specific job, while the EB green card categories offer paths for more highly skilled workers and investors.
How to Apply for an EB Green Card
The process of applying for an EB green card can vary depending on the specific category, but generally involves the following steps:
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Labor Certification (if required): For most EB categories, the employer must first file a Labor Certification (PERM) to prove that no qualified U.S. workers are available for the position.
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Petition: The employer files a petition (Form I-140) with USCIS on behalf of the worker.
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Adjustment of Status: If the worker is in the U.S., they may file Form I-485 to adjust their status to permanent residency once their priority date becomes current.
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Visa Processing: If the worker is outside the U.S., they will go through consular processing at a U.S. embassy or consulate in their home country.



