Employment-Based Immigration (Green Card)

Preference categories

The USCIS approves 140,000 cases of employment-based immigrations every year. These kind of immigration petition requires the submission of I-140, and can be classified by five preference categories.

1. EB-1
   This category is the first employment-based preference for "priority workers" and comprises 28.6% (approximately 40,000) of the annual limit. The priority workers can be one of the following three sub-categories.
   • Persons of "extraordinary ability" : the applicant must submit extensive documentation to prove national or internation recognition in the field of sciences, arts, education, business, or athletics. The applicant does not have to have a specific job offer in advance, and does not need to obtain a Labor Certificate.
   • Outstanding professors and researchers : the applicant must have three years or more experience in teaching or research and be recognized in the field of the applicant's expertise. A Labor Certificate is not required.
   • Executives and managers subject to international transfer to the United States : the applicant must have been working at at oversees affiliate, subsidiary or branch of a US employer for at least one year, and must be work as a manager or an executive. The employer must provide a job offer, but a Labor Certificate is not required.
2. EB-2
   This category is the second employment-based preference, and the applicant must have an advanced degree (master's degree or higher) or a bachelor's degree and at least five years of professional experience. This category receives 28.6% (approximately 40,000) of the annual limit. If EB-1 quota is not filled, the unused numbers are added to the EB-2 category. In most cases, EB-2 application requires a job offer and a Labor Certification procedure. If the applicant is entitled to a special category called National Interest Waiver (NIW), the requirement of job offer and Labor Certificate is waived.
3. EB-3
   This category receives 28.6% (approximately 40,000) of the annual limit, and requires a job offer and a Labor Certificate. If EB-1 or EB-2 quota are not filled, the unused numbers are added to EB-3. The applicant of EB-3 can be one of the following sub-categories.
   • Skilled workers : must perform a job that requires at least two years of training or experience.
   • Professionals with a baccalaureate degree : must hold a bachelor's degree or higher.
   • Other workers : performs a job that requires less than two years of training or experience (only 10,000 immigration visas are assigned to this sub-category).
4. EB-4
   This category is for religious workers (e.g. ministers) or employees of the US government, and receives 7.1% of annual limit.
5. EB-5
   This category is for foreign investors and the applicant must file I-526, Immigrant Petition by Alien Entrepreneur. In order to quilify, the applicant must invest between $500,000 and $1,000,000.

Typical procedure for EB-2 and EB-3

1. Phase 1 : Labor Certificate
   This is to prove that the employer was not able to find an equally qualified US-worker. The employer has to perform job advertisements, and submit the application to the US Department of Labor. This process normally takes 6 to 9 months.
2. Phase 2 : I-140 Immigration Petition
   Once a Labor Certificate is approved, the phase 2 and 3 can be filed concurrently (as long as I-485 is open for the priority date). In most cases, it takes less than 6 months for the decision of approval/rejection of I-140.
3. Phase 3 : I-485 Adjustment of Status
   The I-485 is the most time-consuming part in an employment-based immigration process. Normally, it takes more than 6 months and in some cases it may take up to a couple of years.

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