Employment-based immigration allows US employers to sponsor foreign workers for green cards. Five preference categories, each with different requirements and timelines.
⚠️ Policy update (May 21, 2026): USCIS Policy Memo PM-602-0199 describes adjustment of status (Form I-485) as a matter of discretion and an “extraordinary” relief not designed to supersede consular processing abroad, and reminds officers to weigh all positive and negative factors in each case. Where this page describes adjusting status inside the US, expect heavier discretionary scrutiny and document positive ties thoroughly. Details: Adjustment of status vs consular processing.
The five EB preference categories
EB-1: Priority Workers (~40,000/year)
For:
- EB-1A: Persons of extraordinary ability (no employer sponsor needed)
- EB-1B: Outstanding professors and researchers (employer sponsors)
- EB-1C: Multinational executives and managers (intra-company transfer)
No PERM labor certification required. Fast path for top talent.
EB-2: Advanced Degree / Exceptional Ability (~40,000/year)
For people with:
- Master’s degree or higher in their field, OR
- Bachelor’s + 5+ years progressive experience, OR
- Exceptional ability in sciences, arts, business
Requires PERM (Permanent Labor Certification) — employer must prove no qualified US workers available.
EB-2 NIW (National Interest Waiver): skip PERM if work is in “national interest.” Often used by researchers, doctors in underserved areas, technology innovators.
EB-3: Skilled Workers (~40,000/year)
For:
- EB-3 Professional: Bachelor’s degree + 2 years experience
- EB-3 Skilled Worker: 2+ years training/experience
- EB-3 Unskilled (Other Workers): Less than 2 years training — much slower
Requires PERM. This is the most common employment-based path.
EB-4: Special Immigrants (~10,000/year)
For:
- Religious workers (ministers, nuns, etc.)
- Special immigrant juveniles
- Special immigrant journalists/translators
- Retiring international organization employees
EB-5: Investor Visa ($800K-$1.05M)
See separate detail page: EB-5 Investor Visa
Country-of-birth backlogs
Annual quotas + per-country caps create major waits for chargeable countries:
| Category | Mexico | China | India | Other Countries |
|---|---|---|---|---|
| EB-1 | 0-1 year | 1-2 years | 1-2 years | 0-1 year |
| EB-2 | 2-5 years | 5-7 years | 15+ years | 0-1 year |
| EB-3 | 3-5 years | 3-5 years | 7-10 years | 0-1 year |
(Approximate. Check Visa Bulletin.)
India EB-2 wait is currently 15+ years — a major bottleneck affecting tech workers especially.
The process (typical EB-2 or EB-3)
Step 1: PERM Labor Certification (6-12 months)
- Employer files Form ETA-9089 with DOL (Department of Labor)
- Tests US labor market: posts job, conducts recruitment, evaluates applicants
- DOL certifies that NO qualified US worker is available
- Sets prevailing wage
Step 2: I-140 Petition (4-8 months)
- Employer files Form I-140 (Immigrant Petition for Alien Worker)
- $715 fee + optional premium processing ($2,500 for 15-day adjudication)
- Establishes Priority Date
- USCIS verifies job requirements + employer’s ability to pay
Step 3: Wait for Priority Date
Priority Date = PERM filing date. Must be “current” per Visa Bulletin before next step.
Step 4: Green card application
Once Priority Date current:
- Form I-485 (in US, AOS)
- OR DS-260 (consular processing abroad)
Step 5: Naturalization (5 years later)
After green card, eligible for citizenship after 5 years (3 if married to USC).
Family included
EB recipients get green cards for:
- Spouse (E-2 derivative)
- Unmarried children under 21 (E-2 derivative)
Family receive identical EB category.
Cost breakdown (typical EB-2)
| Item | Approximate Cost |
|---|---|
| PERM Certification | $5,000 - $10,000 (employer pays, can’t be reimbursed) |
| Recruitment costs | $1,000 - $3,000 |
| I-140 fee | $715 |
| Premium processing (optional) | $2,500 |
| I-485 fee | $1,440 |
| Attorney fees | Set by the firm; no published range |
| Total | ~$15,000 - $30,000 per family |
Common errors
- Not maintaining valid status during PERM process
- Job description too narrow — DOL may reject PERM
- Wage too low below prevailing wage
- Job offer withdrawn — green card application dies
- AC21 portability (changing employers after 180 days) requires careful planning
What to AVOID
- Self-petitioning EB-2/EB-3 (not allowed — must have employer sponsor; EB-1A allows self-pet)
- Misrepresenting qualifications to qualify for higher category
- Letting H-1B status lapse during green card process (PERM doesn’t extend H-1B)
- EB fraud — fake job, mass petitions — can lead to permanent ban
Resources
- USCIS EB: uscis.gov/employment
- DOL PERM: foreignlaborcert.doleta.gov
- Visa Bulletin: travel.state.gov/visabulletin
- AILA lawyer search: ailalawyer.com — the American Immigration Lawyers Association’s directory of immigration attorneys
Last verified: 2026-09-24.
← See all paths to legal status
Related procedural information
- Consulate of your country in the US — passport renewal, consular ID, document apostille
- ITIN — file federal taxes without SSN — for people with a US filing or reporting obligation who aren’t eligible for an SSN
- USCIS form library — federal immigration forms (I-130, I-485, N-400, etc.)
- Find an immigration attorney — pro bono lists + AILA + BIA-recognized
- Know Your Rights — ICE encounters — constitutional protections
- Track your EB priority date on the live Visa Bulletin — monthly cutoff dates by category and country
General procedural information based on official sources. Not personalized legal advice.