An Employment-Based Green Card is a document given to immigrant workers who have obtained the right to live and work permanently in the United States. Each Employment Based Green Card category has its own specific requirements for eligibility. The requirements that are commonly needed for an Employment Based Green Card include labor certification, an immigrant petition, and a sponsoring U.S. employer.
Employment-Based Green Cards are obtained through an adjustment of status in the US or through consular processing outside the US. Priority workers, holders of a National Interest Waiver, and EB5 investors are able to self-petition for an Employment Green Card even without labor certification and employer sponsorship. Persons with health-related issues, security issues, immigration violations, and criminal offenses that fall under grounds for inadmissibility are ineligible for an Employment-Based Green Card.
What is an Employment-Based Green Card?
An Employment-Based Green Card is a type of Permanent Resident Card given to foreign immigrant workers who have long-term, job offers in the United States. An Employment-Based Green Card is valid for 10 years and can be renewed indefinitely. Dependents of immigrant workers such as their spouses and minor unmarried children are granted lawful permanent residence with a successful Employment-Based Green Card Application.
What is the Eligibility for Adjustment of Status for an Employment-Based Green Card?
An Adjustment of Status is the process of applying for a Green Card while a foreign citizen resides in the United States. Persons eligible for an Adjustment of Status do not need to return to their home country to apply for a US Green Card.
Foreign workers must be eligible to receive an Immigrant Employment Visa to qualify for an Adjustment of Status. An Immigrant Employment Visa allows foreign workers to be admitted to the US as permanent residents. You must be a beneficiary of a Form I-140 petition to be eligible for an Immigrant Employment Visa. Form I-140, Immigrant Petition for Alien Workers is the petition filed by US employers on behalf of the foreign worker (beneficiary) for an Immigrant Employment Visa. You must have an approved or pending Form I-140 or an approved Form I-140 concurrently filed with Form I-485 to satisfy the Eligibility for Adjustment of Status.
The following are the eligibility criteria for foreign citizens seeking to adjust their status to an Employment Based Green Card.
- Submit Form I-485, Application to Register Permanent Residence or Adjust Status, and be physically present in the US at the time of filing.
- Eligible for an Immigrant Employment Visa that is readily available to you at the time of Form I-485 filing with an available final decision from the U.S. Citizenship and Immigration Services (USCIS) regarding your petition.
- Be “inspected and admitted” or “inspected and paroled” by an immigration officer during your presence in the US.
- Be admissible to the US as a lawful permanent resident (LPR), as a recipient of an inadmissibility waiver, or other forms of relief.
- Have no applicable bars to adjustment of status such as acceptance of unauthorized employment, presence in the US without a valid visa, or entering the US as a crewman.
- Have an existing and valid job offer from the US employer that filed your Form I-140. You must accept the job offer upon approval of your Form I-485. Form I-140 self-petitioners must work in the same field of occupation as indicated in their Form I-140. Persons with a new job offer or employer must satisfy the following to remain eligible for an adjustment of status using their original Form I-140 petition.
- Your new job is in the same field of occupation stated in your original Form I-140.
- Have an unadjudicated Form I-485 for at least 180 days.
- Merit the favorable exercise of the U.S. Citizenship and Immigration Services (USCIS) discretion meaning that the positive factors of your application outweigh the negative factors.
What are the Requirements for an Employment-Based Green Card?
The foreign worker beneficiary of the Form I-140 petition is the applicant of Form I-485 for an Employment Based Green Card application in the US. Foreign workers outside the US must apply for an immigrant visa through consular processing.
The applicant submits the following Employment Green Card requirements.
- Form I-485 for applicants within the US.
- Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability under INA Section 204(j). Form I-485 Supplement J is not necessary for persons with extraordinary ability, a National Interest Waiver, or those concurrently filing Form I-140 and Form I-485.
- Copy of Form I-797, Approval or Receipt Notice for your Form I-140, except in cases of concurrent filing of Form I-140 and Form I-485.
- A signed statement indicating that you will work in the occupation written in your Form I-140 if you are self-petitioning.
- Copy of your government-issued identity document with photo.
- Copy of your birth certificate.
- Copy of your passport page with your nonimmigrant visa stamp, if applicable.
- Copy of your passport page with admission or parole stamp from a US immigration officer, if applicable.
- Copy of Form I-94, Arrival/Departure Record, or copy of the US Customs and Border Protection (CBP) admission or parole stamp on your travel document if applicable. The electronic copy of your Form I-94 can be printed from the CBP website.
- Proof of your continuous lawful status in the US or exemption under the Immigration and Nationality Act (INA) 245(k).
- Form I-864, Affidavit of Support Under Section 213A of the INA if your Form I-140 was filed by a US citizen or permanent resident relative or a for-profit entity with 5% or more of the ownership interest held by a US citizen or permanent resident relative. A relative is a US citizen or lawful permanent resident who is your spouse, parent, child, or a US citizen sibling.
- Form I-693, Report of Medical Examination and Vaccination Record.
- Form I-601, Application for Waiver of Grounds of Inadmissibility, if applicable.
- Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, if applicable.
- Form I-612, Application for the Waiver of Foreign Residence Requirements for J Visa holders.
- Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities for A, G, or E Visa holders.
- Form I-566, Interagency Record of Request- A, G, or NATO Dependent Employment Authorization or Change Adjustment to/from A, G or NATO Status for A, G, or NATO Visa holders.
- Form I-485 Supplement A, Adjustment of Status Under Section 245(i) if applicable.
- Certified police and court records of all criminal charges, arrests, or convictions irrespective of final disposition, if applicable.
- Receipts of all associated fee payments.
How to Apply for an Employment-Based Green Card?
The application for an Employment Green Card varies whether you are applying in or out of the US and your immigrant visa category. A labor certification and petition from a sponsoring US employer are required prior to getting your Employment Green Card. A labor certification is issued by the Department of Labor (DOL) and proves that there is no available American worker for your job position at the prevailing wage. Persons with extraordinary ability, a National Interest Waiver (NIW), or immigrant investors do not need a labor certification and sponsoring US employer to apply for an Employer Sponsored Green Card.
Adjustment of Status within the US
- Labor Certification. Priority workers, National Interest Waiver (NIW) holders, or immigrant investors do not need to secure a labor certification from the Department of Labor (DOL).
- Immigrant Petition. Form I-140 is filed to the USCIS for most Employer Sponsored Green Card applications. Form I-526, Immigrant Petition by Standalone Investor is filed by immigrant investors to self-petition for an immigrant visa. Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant is used for EB-4 Green Card applications.
- Adjustment of Status. Form I-485 is filed after or concurrently with an approved Form I-140.
- USCIS Interview. Most applicants are required to be interviewed at the USCIS Center where they applied and/or need to bring additional evidence.
- Employment Sponsored Green Card. Approval of your Form I-485 grants you lawful permanent resident status.
Consular Processing outside the US
- Labor Certification. Only priority workers, National Interest Waiver (NIW) workers, and immigrant investors are exempt from the labor certification.
- Immigrant Petition. Form I-140 is filed by the sponsoring employer on behalf of the foreign employee. Form I-526 is used by foreign investors to self-petition for an EB-5 Visa. Form I-360 is used to petition special immigrants.
- Online Immigrant Visa Application. Form DS-260, Immigrant Visa Electronic Application is filled out by the foreign worker and submitted to the Department of State website.
- Payment of Visa Fees. The immigrant Visa Fee is $325. Other fees will depend on the type of Green Card you are applying for and your home country.
- US Embassy or Consulate Interview. You need to bring the required documents to prove your eligibility for an Employment Immigrant Visa.
- Employment Sponsored Green Card. Persons with approved Employment Immigrant Visas are issued a US Green Card.
What is the Ground of Inadmissibility for an Employment-Based Green Card?
The Grounds of Inadmissibility are the reasons for refusing visas or admittance into the US for foreign citizens. The Immigration and Nationality Act (INA) Section 212(a) describes the Grounds for Inadmissibility which include the following.
- Health-related grounds
- Failure to provide proof of required vaccinations.
- Physical or mental disorders that pose a threat to the person and others.
- Drug abuse or addiction.
- Criminal-related grounds
- Involvement in crimes of moral turpitude such as murder, rape, or manslaughter.
- Controlled substance trafficking.
- Engagement in prostitution.
- Security-related grounds
- Involvement in terrorist activities.
- Participation in Nazi persecution, genocide, or extrajudicial killings.
- Recruitment of child soldiers.
- Immigration violations
- Illegal US entry or overstaying of US visa.
- Deportation or removal from the US.
- Fraud or willful misrepresentation during the immigration process.
Inadmissible individuals can apply for a waiver or other forms of relief based on their inadmissibility ground/s. Inadmissible individuals need to refer to the USCIS Policy Manual Volume 8, Admissibility and Volume 9, Waivers to know if they are eligible for a waiver. Below are the forms available to inadmissible individuals who are eligible for a waiver.
- Form I-601, Application for Waiver of Grounds of Inadmissibility.
- Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.
What are the Different Classifications of Employment-Based Green Cards?
There are 5 Employment Green Card Types available for foreign workers, professionals, special immigrants, and investors. Each type of Green Card for employment has its own set of eligibility requirements which are detailed below.
1. Employment First Preference (EB-1 Visa)
The EB-1 Visa is the Employment Immigrant Visa that grants a Green Card to persons with extraordinary ability (EB-1A), outstanding professors or researchers (EB-1B), and multinational managers or executives (EB-1C). The eligibility criteria for each subcategory of the EB-1 Visa are as follows.
- EB-1A Visa
- Evidence of one-time achievement such as a major internationally recognized award OR
- At least 3 of the following.
- A lesser nationally or internally recognized award or prize for excellence in their field.
- Published material about the foreign applicant in professional or major trade publications.
- Contribution as an individual judge or member of a panel to judge others’ work in their field.
- Membership in associations in their field that require outstanding achievements.
- Proof of performance in a leading or critical role for organizations or associations with esteemed reputations.
- Proof of commercial successes such as box office receipts, music sales, or video sales.
- Original scientific, scholarly, artistic, athletic, or business-related contributions with major importance in their field.
- Authorship of scholarly articles in their field printed in major trade publications or media.
- Display of the foreign applicant’s work in exhibitions or showcases.
- Command of high salary or compensation for their services.
- EB-1B Visa
- At least 3 years of experience as a teacher or researcher in the academic field.
- At least 2 of the following.
- Original scientific or scholarly research work.
- Authorship of scholarly publications in scholastic journals with international circulation in the field of academics.
- Receipt of major prizes or awards for outstanding achievement in their academic field.
- Membership in academic associations that require outstanding achievements.
- Published material about the foreign applicant in professional academic publications.
- Contribution as an individual judge or member of a panel to judge others’ work in their specific academic field.
- Must have an offer of employment in a tenured or tenure-track position as a teacher or a permanent position as a researcher in the academic field.
- EB-1C Visa
- Employed as a manager or executive outside the U.S. by a multinational company for at least 1 year in the past 3 years prior to the Form I-140 petition.
- Be employed or will be employed by a U.S. subsidiary or affiliate of the global company that will file the Form I-40 petition.
- Be employed by a U.S. company that has been doing business for at least 1 year.
The processing time for an EB1 Green Card is between 8-10 months. EB-1 Visa applicants do not need to secure a labor certification prior to their immigrant application. EB1A Visa applicants are able to self-petition for an immigrant visa without a US employer. There are no backlogs in the application for the EB-1 Visa as the priority dates for all countries remain “current”.
These are the fees associated with filing an EB1 Green Card.
- Form I-140, Immigrant Petition for Alien Worker: $700
- Optional premium processing for Form I-140: $2,500
- DS-260, Immigrant Visa Electronic Application (applicants outside the US): $325
- Form I-485, Application to Register Permanent Residence (applicants within the US): $1,140
- Biometrics fee: $85
- USCIS fee: $220
- Costs for a medical exam, documentation, and travel expenses vary
2. Employment Second Preference (EB-2 Visa)
The EB-2 Visa is an Immigrant Employment Visa that grants a Green Card to professionals with advanced degrees (EB-2A), persons with exceptional ability (EB-2B), and persons with a National Interest Waiver (EB-2C). A National Interest Waiver (NIW) shows that the waiving of a labor certification and job offer from a US employer benefits the US because of the qualifications and endeavor of the EB 2 Visa applicant. Below are the qualifications for an EB-2 Visa.
- A labor certification or an NIW.
- Official academic record as proof of a U.S. advanced/baccalaureate degree or its foreign equivalent.
- Letter/s from current or former employer/s as evidence of a minimum of 5 years of progressive post-baccalaureate experience in their field.
- At least 3 of the following
- Official academic record to prove a degree, diploma, certificate, or a similar award from an educational institution relating to the field of exceptional ability.
- Evidence of membership in professional associations or organizations OR
- Evidence of achievements and important contributions recognized by peers, government agencies, and professional or business organizations.
- Letter/s from present or prior employer/s to prove that the foreign worker has a minimum of 10 years of full-time experience in their occupation.
- License to practice or certification for their occupation.
- Evidence of command of a high salary.
The average processing time for the EB-2 Visa is between 10 months and 2 years. Persons with an NIW are able to obtain their EB-2 Green Card faster by skipping the labor certification stage.
The following are the costs associated with an EB2 Visa.
- Labor Certification: $3,000-$4,000
- Form I-140, Immigrant Petition for Alien Worker: $700
- Optional premium processing for Form I-140: $2,500
- DS-260, Immigrant Visa Electronic Application (applicants outside the US): $325
- Form I-485, Application to Register Permanent Residence (applicants within the US): $1,140
- Biometrics fee: $85
- USCIS fee: $220
- Costs for a medical exam, documentation, and travel expenses vary
3. Employment Third Preference (EB-3 Visa)
The EB-3 Visa is an Employment Immigrant Visa for professionals, skilled, and unskilled workers. Professionals are immigrant workers who have a bachelor’s degree or its foreign equivalent. Skilled workers have a minimum of 2 years of training or experience in their field. Unskilled workers have less than 2 years of experience or training in their field. All EB3 Visa applicants have to secure a labor certification and employer sponsorship to be qualified for an Employer Sponsored Green Card. The typical processing time for an EB-3 Visa is 1-3 years. Immigrant workers from China and India experience longer processing times due to application backlogs.
The following are the costs of an EB3 Visa application.
- Labor Certification: $3,000-$4,000
- Form I-140, Immigrant Petition for Alien Worker: $700
- Optional premium processing for Form I-140: $2,500
- DS-260, Immigrant Visa Electronic Application (applicants outside the US): $325
- Form I-485, Application to Register Permanent Residence (applicants within the US): $1,140
- Biometrics fee: $85
- USCIS fee: $220
- Costs for a medical exam, documentation, and travel expenses vary
4. Employment Fourth Preference (EB-4 Visa)
The EB-4 Visa is an immigrant visa for a widow(er) of a US citizen, an Amerasian (born after December 31, 1950 and before October 23, 1982), and special immigrant workers. Special immigrants who are eligible for the EB-4 Visa are the following.
- Religious workers.
- Broadcasters in the US.
- Afghan or Iraqi translators, or nationals who worked for or on behalf of the US government.
- Certain Foreign Medical Graduates.
- Panama Canal Company Employee, Canal Zone Government Employee, or US Government in the Canal Zone Employee.
- G-4 International Organization Employee or Family Member or North Atlantic Treaty Organization (NATO)-6 employee or family member.
EB-4 Visa applicants are generally sponsored by a US employer. There are cases when a foreign citizen can self-petition for the EB4 Visa such as parents, spouses, and children of abusive US citizens. The average processing time for an EB-4 Visa is between 16 and 30 months.
Here are the costs for filing an EB4 Green Card.
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- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant: $435
- DS-260, Immigrant Visa Electronic Application (applicants outside the US): $325
- Form I-485, Application to Register Permanent Residence (applicants within the US): $1,140
- Biometrics fee: $85
- USCIS fee: $220
- Costs for a medical exam, documentation, and travel expenses vary
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5. Employment Fifth Preference (EB-5 Visa)
The EB-5 Visa is an immigrant investment program that enables eligible foreign nationals to obtain an initial conditional permanent residence for 2 years. The EB-5 Visa requires a minimum investment in a U.S. business that leads to at least 10 full-time jobs for U.S. citizens. The minimum investment required for an EB 5 Visa is $800,000 in a targeted employment area (TEA). A targeted employment area (TEA) is a rural area or region of high unemployment.
Applicants for the EB5 Visa Program do not need an employer sponsorship and labor certification. EB5 investors and their dependents gain lawful permanent residence if they satisfy the investment and job creation requirements of the EB5 Program within their conditional residency. The average processing time for an EB-5 Visa petition is between 29.5 and 61 months.
The following are the costs incurred when applying for an EB 5 Green Card.
- Form I-526, Immigrant Petition by Alien Investor: $3,675
- DS-260, Immigrant Visa Electronic Application (applicants outside the US): $325
- Form I-485, Application to Register Permanent Residence (applicants within the US): $1,140
- Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status: $3,750
- Biometrics fee: $85
- U.S. Citizenship and Immigration Services (USCIS) fee: $220
- Costs for a medical exam, documentation, and travel expenses vary
USCIS and the Department of State (DOS) alloted an annual limit of 262, 288 Employment Preference Visas in FY 2021. The total number of Immigrant Employment Visas issued in FY 2021 from the 2 agencies was 195,507. The total Employment Immigrant Visas issued in FY 2021 accounted for 52% higher than the average issuance pre-pandemic.
What is the Role of the Employer in Applying for an Employment-Based Green Card?
A U.S. employer submits an immigrant petition on behalf of the foreign worker to initiate the Employment Sponsored Green Card application. Form I-140 is used to petition an immigrant worker to the USCIS. US employers must secure a labor certification for EB2 Visa applicants without an NIW and EB3 Visa applicants to file Form I-140. EB-1A, EB-2C, and EB-5 Visa applicants do not need a sponsoring employer to apply for an Employment Green Card.
What is the Role of the Beneficiary (Applicant) in Applying for an Employment-Based Green Card?
The beneficiary of an immigrant petition needs to supply evidence and documentation of their eligibility for the specific Employer Sponsored Green Card category they are applying for. Evidence of eligibility includes international or national awards, degrees, work/training experience, and minimum investment.
How Long Does it Take to Process an Employment-Based Green Card?
The processing time for an Employment Based Green Card takes between 12 and 21 months for low-demand categories. High-demand Employment Based Green Cards can take up to 4-6 years to process. Applicants from countries such as India and China experience longer processing of their Employment Green Cards due to years of backlog.
How Much is the Cost of an Employment-Based Green Card?
The overall cost of applying for an Employer Sponsored Green Card is between $4,000-$7,000. The cost of labor certification is covered by your sponsoring employer. Opting for premium processing of Form I-140 adds to the cost of your Employer Sponsored Green Card.
Can I Speed up My Employment-Based Green Card Process?
Yes, applications for the EB-1 Visa, EB-2 Visa, and EB-3 Visa that require a Form I-140 petition are eligible for premium processing. Premium processing expedites the USCIS processing to 15 calendar days. The cost of premium processing for Employment Based Green Cards is $2,500.
What to Do if You Have a Pending Form I-485?
Immigrant workers with a pending Form I-485 have the option to apply for employment authorization and advance parole while waiting for their Employer-Sponsored Green Card. Form I-765, Application for Employment Authorization allows you to work legally in the U.S. while your USCIS Form I-485 remains pending. Applicants who need to travel outside the U.S. temporarily are able to seek parole at a U.S. port of entry with an Advance Parole Document. Form I-131, Application for Travel Document is used to apply for advance parole while your USCIS Form I-485 is pending.
What are the Possible Reasons for Not Being Able to Apply for an Employment-Based Green Card?
Persons who fall under the grounds of inadmissibility are not eligible for an Employment-Based Green Card. Below are the common reasons for inadmissibility for an Employer-Sponsored Green Card.
- Engagement in terrorism, political rebellion, sabotage, and espionage that threaten U.S. security.
- Health-related issues such as having a communicable disease of public health significance, drug abuse or addiction, and lack of required vaccinations.
- Criminal acts such as kidnap, rape, forgery, or murder.
- Denied immigrant visa petition.
- Immigration violations such as misrepresentation, fraud, and unlawful presence in the US.
- Classification as a public charge that would burden the US government.
- What are the Statistics on Employment-Based Green Cards?
The yearly allotment for Green Cards for Employment-Based Immigrants is 140,000. Unused Green Cards for Family-Sponsored Immigrants are added to the annual total allotment of Employment-Based Green Cards. The table below shows the statistics on Employment-Based Green Cards based on the November 2021 data from the Department of State (DOS) and the March 2022 data from USCIS.
| USCIS Pending Principal Applicants | USCIS Pending Principal and Derivative Applicants | DOS Pending Principal and Derivative Applicants | Total Applicants Waiting in Backlog | |
|---|---|---|---|---|
| EB1 | 0 | 0 | 13, 202 | 13, 202 |
| EB2 | 293, 522 | 553, 508 | 38, 458 | 591, 966 |
| EB3 (skilled) | 112, 464 | 207, 750 | 48, 482 | 256, 232 |
| EB3 (other) | 1, 193 | 1, 920 | 18, 094 | 20, 014 |
| EB4 | 71, 260 | 85, 390 | 1, 045 | 86, 435 |
| EB5 | 18, 095 | 36, 130 | 52, 336 | 88, 466 |
| Total | 496, 534 | 884, 699 | 171, 617 | 1, 056, 316 |
USCIS cites the resource constraints brought on by the COVID-19 pandemic, capacity limitations at DOS consulates, and lapse in the EB-5 Regional Center Program until March 2022 as the reasons for the backlog in Employer Sponsored Green Card applications.
How Many Employment-Based Green Cards are Pending?
There are a total of 1, 056, 316 Employment Based Green Cards pending based on the November 2021 data from U.S. DOS and USCIS March 2022 data. The number of pending Employment Based Green Cards includes derivative applicants of dependents of immigrant workers.
Which Country has the Highest Employment-Based Green Card Approval Rate?
India ranks first among the countries with the most EB Visa Green Card immigrants for FY 1999, FY 2009, and FY 2019 according to the July 2022 U.S. Employment-Based Immigration Policy Report of the Congressional Research Service. Most Indian immigrant workers are involved in computer-related occupations.
Do I need an Immigration Lawyer to Apply for an Employment-Based Green Card?
Yes, an Immigration Lawyer experienced in assisting Employer-Sponsored Green Card applications is helpful in ensuring that the process goes smoothly for you. An Immigration Lawyer assists you in completing the required documents and ensuring that all application forms are filled out correctly. Experienced Immigration Lawyers prevent delays commonly caused by incomplete evidence and inaccurate information on your application.
Can the Family also Receive a Green Card?
Yes, dependents of Employer Sponsored Green Card holders are eligible for permanent residence in the US. Qualified dependents for an Employer Sponsored Green card are spouses and unmarried children under 21.