Employment-Based Green Cards
Employment-based green cards provide foreign nationals a pathway to permanent residence in the United States through their professional skills, qualifications, and contributions to the American economy.
As a Chicago immigration attorney serving clients throughout Illinois and Northwest Indiana, I guide employers and employees through each stage of the employment-based immigration process—from initial eligibility assessment through green card approval.
U.S. immigration law establishes five preference categories (EB-1 through EB-5). Understanding which category applies to your situation is essential for developing an effective immigration strategy.
EB-1: Priority Workers
The EB-1 category
is reserved for individuals at the top of their fields. EB-1 often offers meaningful advantages, including no labor certification requirement and, in many cases, shorter waits than other employment-based categories.
- EB-1A (Extraordinary Ability): May allow self-petitioning without an employer sponsor. USCIS evaluates evidence of sustained acclaim (for example: major awards, published material, original contributions, high salary relative to others in the field), typically under a multi-factor regulatory framework.
- EB-1B (Outstanding Professors and Researchers): Generally requires a qualifying job offer for a tenure-track teaching position or comparable research role and evidence of international recognition.
- EB-1C (Multinational Managers and Executives): For executives/managers transferring to U.S. operations who meet qualifying employment and corporate relationship requirements.
EB-2: Advanced Degrees or Exceptional Ability
The EB-2 category
serves professionals holding advanced degrees and individuals with exceptional ability in sciences, arts, or business. Many EB-2 cases require
PERM labor certification, though the National Interest Waiver can provide an important exception.
- Advanced Degree Professionals: Typically requires a U.S. master’s degree (or foreign equivalent), or a bachelor’s plus qualifying progressive experience in some scenarios.
- Exceptional Ability: Requires showing expertise significantly above that ordinarily encountered in the field, supported by documentary evidence (credentials, licenses, high salary evidence, recognition, etc.).
- National Interest Waiver (NIW): May allow self-petitioning without PERM or employer sponsorship where the proposed endeavor meets the applicable standards and the applicant is well-positioned to advance it.
EB-3: Skilled Workers, Professionals, and Other Workers
The EB-3 category
covers a broad range of workers and typically requires employer sponsorship with an approved
PERM labor certification.
- Skilled Workers: Positions requiring at least two years of training or experience.
- Professionals: Positions requiring a U.S. bachelor’s degree or foreign equivalent as the minimum entry requirement (experience generally cannot substitute for the degree requirement).
- Other Workers: Positions requiring less than two years of training or experience; this subcategory often faces longer waits due to visa availability.
PERM Labor Certification
Many EB-2 and most EB-3 cases require the employer to obtain a certified labor certification through PERM, administered by the
U.S. Department of Labor.
PERM is designed to show that hiring a foreign worker will not adversely affect wages and working conditions of similarly employed U.S. workers.
- Prevailing Wage Determination: The employer requests a wage determination from the National Prevailing Wage Center.
- Recruitment: The employer conducts recruitment steps to test the U.S. labor market (requirements vary by position type).
- ETA-9089 filing: The employer files the labor certification application through DOL’s
FLAG system.
Processing times for these steps can change. For a step-by-step breakdown, see:
PERM Labor Certification.
EB-4: Special Immigrants
The EB-4 category
includes special immigrant classifications, including (among others) certain religious workers, certain broadcasters, certain employees of international organizations, and other specialized groups.
Ministers and certain other religious workers may qualify if they meet the applicable requirements, including qualifying membership history and a qualifying role.
USCIS describes the category here:
Special Immigrant Religious Workers.
EB-4 visa availability can be unpredictable. If EB-4 timing is critical, your strategy should account for current visa bulletin conditions.
EB-5: Immigrant Investors
The EB-5 program
allows foreign investors to pursue permanent residence by making a qualifying investment in a U.S. commercial enterprise that creates the required number of qualifying U.S. jobs.
- Investment thresholds: Vary by project type and location (for example, targeted employment area projects may have reduced thresholds).
- Pathways: Direct investment or investment through a USCIS-designated Regional Center may be possible, depending on the strategy and project.
- Conditional residence: EB-5 investors typically begin with conditional residence and later file to remove conditions under the program’s requirements.
The Employment-Based Green Card Process
While requirements vary by category, many cases follow a similar framework:
- Labor Certification (if required): For cases requiring PERM, the employer completes the labor certification process through DOL. See: PERM.
- Immigrant Petition: The employer (or self-petitioner in applicable categories) files Form I-140 (or a different petition in certain categories such as EB-4).
- Visa Availability: The beneficiary may need to wait for visa availability based on priority date and country of chargeability. See: Visa Bulletin.
- Green Card Application: Eligible applicants in the U.S. may file Form I-485; others proceed through consular processing.
Benefits of Permanent Residence
Employment-based green card holders can generally live and work permanently anywhere in the United States without employer sponsorship restrictions.
Permanent residents can travel internationally and return without needing a visa, though extended absences can affect residence status.
Eligible permanent residents may later apply for citizenship through naturalization. See:
Naturalization & Citizenship.
Employment-Based Immigration in the Chicago Area
Chicago-area employment cases often involve coordination among employers, employees, and multiple agencies (DOL, USCIS, and sometimes the State Department).
For PERM recruitment, employers may use state workforce systems and other recruitment steps required by the regulations.
Illinois resources include:
Illinois Department of Employment Security (IDES).
Many employers begin the process while the employee holds a temporary work status, such as the
H-1B visa for specialty occupation workers, depending on eligibility and strategy.
Schedule a Free Consultation
Employment-based immigration involves complex eligibility requirements, multi-year timelines, and coordination between employers and employees.
Whether you are an employer seeking to sponsor a valued employee or an individual exploring your options, experienced legal guidance can help you navigate the process effectively.
Contact the Law Office of Justin G. Randolph
to schedule a free consultation.
As a member of the
American Immigration Lawyers Association (AILA),
I stay current on developments in employment-based immigration and can assess which pathway best fits your circumstances.