Migration Overseas
Since 1998
The most common pathway to US permanent residency for skilled professionals. Five preference categories (EB-1 through EB-5) based on skills, education, and investment level.
Five employment-based preference categories for Green Card eligibility.
For individuals with extraordinary ability in sciences, arts, education, business, or athletics. Also for multinational executives and outstanding researchers.
For professionals with advanced degrees (Master's or higher) or exceptional ability in sciences, arts, or business.
For skilled workers with at least 2 years training, professionals with bachelor's degrees, and other workers.
For certain special immigrants including religious workers, broadcasters, former US government employees, and other specific categories.
For EB-5 Investor Visa, see our dedicated page:
EB-5 Investor VisaThree subcategories for exceptional individuals.
For individuals with extraordinary ability in sciences, arts, education, business, or athletics. Must demonstrate sustained national or international acclaim.
For professors and researchers with at least 3 years experience and international recognition in their academic field.
For executives and managers transferring from a foreign affiliate, parent, subsidiary, or branch of a US employer.
Two pathways for advanced degree professionals.
Standard EB-2 pathway requiring employer sponsorship through PERM Labor Certification process.
Special pathway allowing self-petition without employer or PERM if your work benefits the US national interest.
Three subcategories based on skill level.
For positions requiring at least 2 years of training or experience.
For positions requiring a US bachelor's degree or foreign equivalent.
For positions requiring less than 2 years training or experience.
Required for most EB-2 and EB-3 Green Cards.
Employer requests DOL to determine prevailing wage for the position based on location and requirements. Takes 3-6 months.
Employer conducts mandatory recruitment: 2 Sunday newspaper ads, job order with SWA, plus 3 additional recruitment steps. 30-60 days.
Employer reviews all applicants and documents reasons for rejection. Must show no qualified US workers are available.
Submit ETA Form 9089 to DOL. Must wait 30 days after recruitment ends. Processing takes 6-12 months.
~20% of cases are audited. Employer must provide all recruitment documentation. Can add 4-12 months to process.
Once approved, employer has 180 days to file I-140 petition. PERM approval establishes priority date.
The typical employment-based Green Card process (EB-2/EB-3).
Employer proves no qualified US workers available
6-12 monthsEmployer files immigrant petition with USCIS
6-12 monthsWait for visa availability based on priority date
Varies (years for India)File to adjust status or consular processing
8-24 monthsReceive permanent resident status
Card valid 10 yearsPriority date backlogs for Indian nationals (2024-2025 estimates — check current USCIS Visa Bulletin)
The EB-2 NIW allows qualified individuals to self-petition for a Green Card without an employer sponsor. Your work must demonstrate substantial merit and national importance.
Self-petition without job offer
Skip the labor certification process
Scientists, engineers, healthcare professionals
STEM founders and startup leaders
Government filing fees for employment-based Green Card.
Employment-based categories include EB-1 (priority workers), EB-2 (advanced degrees/exceptional ability), EB-3 (skilled workers/professionals), EB-4 (special immigrants), and EB-5 (investors).
PERM is a Department of Labor process where employers demonstrate no qualified US workers are available for the position. It's required for most EB-2 and EB-3 Green Card petitions.
PERM processing currently takes 8-18 months. During this time, the employer conducts recruitment and submits the application. Audits can add several more months to the process.
EB-2 NIW allows self-petitioning without employer sponsorship if you can demonstrate your work benefits the US national interest. It skips the PERM requirement and is popular among researchers and entrepreneurs.
Priority date is when your PERM was filed (or I-140 for categories not requiring PERM). It determines your place in the Green Card queue, crucial given multi-year backlogs for some countries.
During PERM, you generally must stay with the sponsoring employer. After I-140 approval and 180 days after I-485 filing, you can change to similar jobs while keeping your Green Card application.
Due to annual per-country limits of 7% and high demand, India and China face backlogs of 10+ years in EB-2 and EB-3 categories. Other countries typically have shorter waits.
Any US employer can sponsor employees for Green Card if they have a permanent full-time position and can demonstrate the need for foreign workers through the PERM process.
If laid off before I-140 approval, you typically need to restart the process with a new employer. After I-140 approval, you retain the priority date for future applications.
I-140 premium processing ($2,805) guarantees USCIS response within 45 calendar days. It's available for all EB categories and helps ensure timely processing of the immigrant petition.
Get expert guidance on the best employment-based pathway for your profile. Our immigration specialists will evaluate your eligibility.
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