Overview of the Employment Based (“EB”) Green Card Options
It is possible to obtain a green card based on employment or if you plan to invest a significant sum of money in the United States. This page will provide a basic overview of these options, and links to a more detailed overview of these various options. Although employment based immigration branches off into five categories, since there are three EB1 categories and two EB2 categories, there are actually a total of eight employment based categories that one may fit under. Our firm also assists in all ancillary related immigration issues, from I-9 compliance to DOL and USCIS audits.
Click on the text of the topics listed below to read a more detailed overview and to find additional articles, resources, case studies and more.
What are the Main Employment Based Categories for Green Card Sponsorship?
| Case Type (click on highlighted text for more information) | Description |
|---|---|
| EB1A – Aliens of Extraordinary Ability | This category is considered the fastest path to a green card. No employer is required. To qualify, you need to prove that you are among the very top of your field of endeavor by meeting at least three out of ten outlined criteria by USCIS. |
| EB1B – Outstanding Researchers and Professors | A sponsoring employer is required for this petition. The employer must be a university or a research organization. The employee needs to meet specific criteria, including a three-year experience requirement. |
| EB1C – Multinational Executives or Managers | To qualify, the employer must be a multinational company, and the employee must have worked as an executive or manager for at least one of the past three years. |
| EB2 – National Interest Waiver (NIW) | This category requires a labor certification and an employer unless the candidate can qualify for a national interest waiver. The candidate should show their work’s intrinsic merit, national impact, and difficulty to find a match in the labor market. |
| EB2 – Advanced Degree Worker | To qualify, the employer must sponsor a position where the candidate has at least the equivalent of a Master’s degree, or a Bachelor’s degree and five years of progressive experience. |
| EB3 – Professional or Skilled Worker | The petitioner should either require a bachelor’s degree or an associate’s degree for the position. Similar to an EB2 petition, the employer must test the labor market and fail in their recruitment of a qualified US Citizen/Resident. |
| EB4 – Religious Workers | For those who will work at a qualifying non-profit 501(c)(3) religious organization as a minister or in a religious vocation or occupation. The worker must have had at least two years of prior experience as a qualifying religious worker. |
| EB5 – Investors | A foreign investor who invests $1,050,000 into a business supporting the employment of ten US Citizen/Resident workers may obtain a conditional green card. |