Employment-Based Green Card Options in the United States

For many foreign nationals, obtaining a green card through employment is one of the best ways to secure a long-term future in the United States. Employment-based (EB) green cards allow you to live and work permanently in the U.S., pursue any career without sponsorship restrictions, and eventually apply for U.S. citizenship.

The U.S. immigration system has several employment-based green card categories, each with unique eligibility requirements, processes, and timelines.

This blog explains the three most common categories: EB‑1, EB‑2, and EB‑3.

What Is an Employment-Based Green Card?

An employment-based green card grants lawful permanent residence in the United States based on your work skills, education, or employment offer.

• Some categories allow you to self-petition if you meet high achievement standards.

• Most require a U.S. employer to sponsor you and, in many cases, complete a PERM labor certification to prove there are no qualified U.S. workers for the job.

• Your spouse and unmarried children under 21 can also receive green cards as dependents.

There are five employment-based (EB) categories (EB‑1 through EB‑5), but EB‑1, EB‑2, and EB‑3 are the most widely used for professionals and skilled workers.

EB‑1: Priority Workers

The EB‑1 category is for highly accomplished professionals who have demonstrated extraordinary achievements, international recognition, or executive-level experience.

There are three EB‑1 subcategories:

- EB‑1A Extraordinary Ability: 

• For individuals at the very top of their field in sciences, arts, education, business, or athletics 

• Must show evidence such as major awards, publications, high salary, memberships in elite associations, or original contributions 

• Self-petition is allowed—you don’t need a U.S. employer

- EB‑1B Outstanding Professors or Researchers: 

• Requires an internationally recognized reputation in a specific academic field 

• Must have at least 3 years of teaching or research experience 

• Must have a U.S. job offer from a university or qualifying research institution

- EB‑1C Multinational Managers or Executives: 

• For senior managers or executives transferred from a foreign company to a U.S. affiliate, parent, or subsidiary 

• Must have worked for the foreign company for 1 out of the last 3 years in a managerial/executive role  • Commonly used by L‑1A visa holders

Key Advantages of EB‑1:

- No PERM labor certification required

- Often faster processing than EB‑2 or EB‑3 because it’s a priority category

- EB‑1A applicants can self-petition, making it ideal for entrepreneurs or top professionals

EB‑2: Professionals with Advanced Degrees or Exceptional Ability

The EB‑2 category is for professionals with advanced education or exceptional skillsets.

Who qualifies?

- Jobs requiring a Master’s degree or higher (or a Bachelor’s + 5 years of progressive work experience)

- Individuals with exceptional ability in sciences, arts, or business (significantly above ordinary skill level)

Most EB‑2 petitions require:

- A U.S. employer sponsor- A PERM labor certification proving no qualified U.S. workers are available for the role

National Interest Waiver (NIW):

Certain EB‑2 applicants can bypass PERM by requesting a National Interest Waiver if their work:

- Has substantial merit and national importance

- They are well-positioned to advance the work- It benefits the U.S. to waive the labor certification process

Key Advantages of EB‑2:

- NIW allows self-petition without an employer

- Faster than EB‑3 when there’s no visa backlog

- Broader eligibility than EB‑1 while still recognizing advanced skill levels

EB‑3: Skilled Workers, Professionals, and Other Workers

The EB‑3 category is the most accessible employment-based green card, but typically has longer processing times due to demand.

Who qualifies?

- Skilled workers: Positions requiring at least 2 years of training or experience

- Professionals: Jobs requiring a Bachelor’s degree

- Other workers: Unskilled labor requiring less than 2 years of training (limited annual quota)

Requirements:

- Must have a permanent, full-time job offer from a U.S. employer

- PERM labor certification is mandatory

Key Advantages of EB‑3:

- Available for a wider range of workers

- Allows employers to sponsor positions with fewer specialized requirements

What Is PERM Labor Certification?

PERM is the Department of Labor process required for most EB‑2 and EB‑3 cases. It ensures:

- There are no qualified U.S. workers available for the position

- Hiring the foreign worker won’t negatively impact U.S. wages or working conditions

The employer must:

1. Conduct a mandatory recruitment campaign

2. Document all recruitment efforts

3. File the PERM application (ETA‑9089)

4. Once approved, move forward with the green card petition

EB‑1 and EB‑2 NIW do NOT require PERM, making them faster.

Processing Times for Employment-Based Green Cards

Timelines depend on:

- Category (EB‑1 is usually fastest, EB‑3 is slowest)

- Country of birth (some countries face visa backlogs)

- Whether PERM is required

Typical ranges:

- EB‑1: ~12–24 months

- EB‑2 with PERM: ~24–36 months

- EB‑2 NIW (no PERM): ~18–24 months

- EB‑3: ~3–5 years (longer if backlogged)

Can Family Members Join You?

Yes! Your spouse and unmarried children under 21 can receive green cards as derivative beneficiaries.

- Spouses can apply for work authorization while the green card is pending.

- Children can attend U.S. schools without separate student visas.

Why Work with an Immigration Lawyer?

Employment-based green cards involve complex eligibility rules, strict timelines, and multiple government agencies. A single mistake can lead to costly delays.

At Tchern McCallum Immigration Law, we:

• Evaluate the best EB category for your profile

• Handle the PERM labor certification process for employers

• Prepare robust EB‑1 or NIW petitions for highly accomplished individuals

• Streamline every step to avoid RFEs (Requests for Evidence) or denials

Ready to Secure Your U.S. Green Card?

Whether you’re an extraordinary professional, an advanced-degree worker, or a skilled employee with a U.S. job offer, there’s an EB green card path for you.

Contact Tchern McCallum Immigration Law today to explore your options for U.S. permanent residence.

Book a call