Employment-Based Green Cards: Types, Costs, and Full Process

Employment-based green cards open doors to permanent residency in the United States for skilled foreign workers. Unlike temporary visas, they provide the opportunity to build a permanent life in the U.S.

With various categories designed for different skill levels and professional backgrounds, these green cards accommodate everyone from multinational executives to skilled workers.

The process requires careful planning and preparation. Each step involves specific requirements, documentation, and timelines that applicants must follow. Understanding these elements helps create a smoother path to obtaining permanent residency through employment.

Key takeaways:

• The different types of employment-based green cards and who qualifies for each category.
• Complete breakdown of costs, documentation, timeline, and waiting period.
• Step-by-step overview of the application process, from labor certification to green card approval.
• Comparison between employer and self-sponsored green cards.

What is an Employment-Based Green Card?

An employment-based green card allows foreign nationals to live and work permanently in the United States based on their job skills or employment offers.

These green cards are designed for individuals who have specific skills, education, or exceptional abilities, and who can contribute to the U.S. economy. The card also extends permanent residency benefits to qualified workers’ spouses and unmarried children under 21.

Each year, the U.S. government allocates approximately 140,000 employment-based green cards, divided across five preference categories. These categories prioritize individuals who bring the most value to the American economy, based on their qualifications and experience.

Types of Employment-Based Green Cards

Employment-based green cards are divided into five preference categories, each designed for specific types of workers and professionals:

EB-1: Priority Workers

The EB-1 category is reserved for individuals with extraordinary abilities and does not require a labor certification or job offer in some cases. This category includes:

• EB-1A (Extraordinary Ability): For foreign nationals with exceptional abilities in the sciences, arts, education, business, or athletics. Applicants must demonstrate sustained national or international acclaim and recognition in their field. This subcategory allows self-petition without an employer sponsor.
• EB-1B (Outstanding Professors and Researchers): For internationally recognized professors or researchers with at least three years of experience. Applicants must have a job offer for a tenured or tenure-track position at a U.S. university or equivalent research role at a private company.
• EB-1C (Multinational Managers or Executives): For managers and executives transferring to a U.S. branch, subsidiary, or affiliate of their foreign employer. Applicants must have worked in a managerial capacity for the foreign entity for at least one year within the three years preceding the petition.

Examples of those who can qualify for EB-1:

• An AI researcher with widely cited publications, international awards, and patents contributing to advancements in machine learning may qualify under EB-1A (Extraordinary Ability).
• A professor with three years of research experience, multiple peer-reviewed articles, and international recognition in climate science may qualify under EB-1B (Outstanding Professors and Researchers).
• A regional director at a multinational corporation who has managed teams across several countries and is transferring to lead the U.S. subsidiary may qualify under EB-1C (Multinational Managers or Executives).

EB-2: Professionals with Advanced Degrees or Exceptional Ability

The EB-2 category is for professionals with advanced degrees or individuals with exceptional ability:

• EB-2 Advanced Degree: For positions requiring an advanced degree (master's or higher) or a bachelor's degree plus five years of progressively responsible post-baccalaureate experience.
• EB-2 Exceptional Ability: For individuals with exceptional ability in the sciences, arts, or business. Applicants must meet at least three of the six criteria demonstrating exceptional ability in their field.
• EB-2 National Interest Waiver (NIW): For individuals whose work is in the national interest of the United States. This subcategory allows self-petition without labor certification or an employer sponsor, if you can show that your work helps the U.S. in a meaningful way (your work has national importance, you are in a good position to do it well, and it benefits the U.S. to skip the usual labor certification step).

Examples of those who may qualify for EB-2:

• A public health analyst working on rural healthcare access programs, where the job requires an advanced degree, and the person has a master’s degree and seven years of experience.
• A software engineer in a role that requires a bachelor's degree and at least five years of progressive experience in cloud systems and cybersecurity.
• A biotechnology entrepreneur doing vaccine research funded by U.S. government grants, helping public health, and meeting the National Interest Waiver criteria.

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

The EB-3 category provides pathways for a broader range of workers with varying qualifications, from those with specialized skills to professionals with degrees. This category typically experiences longer wait times but opens immigration opportunities to a wider talent pool.

• EB-3 Skilled Workers: For positions requiring at least two years of training or work experience.
• EB-3 Professionals: For jobs requiring at least a bachelor's degree and where the applicant possesses such a degree.
• EB-3 Other Workers: For positions requiring less than two years of training or experience (unskilled labor).

Examples of those who may qualify for EB-3:

Here are examples of workers who could qualify under the skilled worker, professional, or other worker categories in EB-3:

• Skilled worker: A welder with over two years of certified training and hands-on experience working on industrial construction projects.
• Professional: A financial analyst with a bachelor's degree in economics, working in corporate risk or finance roles where a degree is required.
• Unskilled worker (other worker): A hotel housekeeper in a full-time role that needs less than two years of training or experience.

EB-4: Special Immigrants

The EB-4 category accommodates unique immigrant groups with special circumstances or relationships to the United States. These special immigrant classifications recognize contributions to religious organizations, U.S. government operations, or other designated special circumstances.

Examples of who can qualify for EB-4:

• Religious leaders: A religious minister with five years of experience leading a congregation and continuing a role with a U.S.-based religious organization.
• Government affiliates: A translator who worked directly with U.S. military operations overseas and applies under the special immigrant translator program.
• International organization staff: An employee of an international organization relocating to the United States under a designated special immigrant classification.

EB-5: Immigrant Investors

The EB-5 visa provides a pathway to U.S. permanent residency for investors who make a significant capital investment in a new commercial enterprise in the U.S. that creates at least 10 full-time jobs for U.S. workers. The standard investment amount is $1,800,000, or $900,000 for targeted employment areas or infrastructure projects.

The program offers flexibility, allowing professionals across various industries and experience levels to qualify. Depending on your circumstances, including the industry and location of your investment, you can choose the appropriate path while demonstrating that your investment creates jobs for U.S. workers.

Examples of who can qualify for EB-5:

• Rural project investors: An entrepreneur investing $900,000 into a rural renewable energy project that creates more than 10 full-time jobs for local workers.
• Regional center participants: A foreign business owner participating in a regional center investment plan focused on urban infrastructure development.
• Direct investors: An investor contributing $1,800,000 into a new commercial enterprise in the technology sector, directly managing business operations and job creation strategy.

Cost Breakdown for Employment-Based Green Cards

Understanding the complete financial picture of an employment-based green card is essential for proper planning. Here's a breakdown of the various fees involved in the process:

USCIS Filing Fees

Every employment-based green card application requires payment of these fees to the U.S. Citizenship and Immigration Services.

Department of State Fees (for Consular Processing)

These fees apply specifically to applicants processing their green cards through U.S. consulates abroad. Consular processing requires different fee payments to the Department of State rather than USCIS.

Labor Certification Costs

The labor certification process verifies that employing a foreign worker will not negatively impact U.S. worker opportunities. This process creates significant expenses, primarily advertising costs, that the employer must cover.

Optional Fees

These additional fees may be necessary depending on your specific situation or desired processing timelines. These optional services can expedite processing or provide additional benefits while waiting for green card approval.

Total Cost Estimates by Category

Understanding the total investment required for different green card categories helps with financial planning. Each category has different requirements that impact the overall cost structure.

Note: These costs can vary based on individual circumstances, location, and whether the application is processed inside the U.S. or at a consulate abroad. Employers often cover some or all of these expenses for sponsored employees, though this is not legally required in most cases.

Documents Required for an Employment-Based Green Card

Preparing the right documentation is critical for a successful employment-based green card application. Here's a complete list of documents typically required throughout the process:

For Labor Certification (PERM)

The PERM labor certification requires electronic submission of two key forms: Form 9141 (Prevailing Wage Request) and Form 9089 (PERM application). No additional documents are submitted unless the case is audited. However, employers and employees should maintain supporting records to be prepared for possible audits or for the filing of an I-140 petition.

For Form I-140 Petition

The I-140 petition establishes eligibility for the specific employment-based preference category. Documentation requirements vary significantly based on different visa categories.

For Adjustment of Status (Form I-485)

The adjustment of status application converts a temporary visa to permanent residency. This application requires personal, immigration, medical, and financial documentation to establish eligibility for green card status.

For Consular Processing

Consular processing involves applying for the green card through a U.S. embassy or consulate abroad. This pathway requires specific documentation and procedures different from an adjustment of status within the U.S.

Special Category Documents

Certain green card categories have unique documentation requirements beyond the standard submissions.

Tip: Consider creating a checklist specific to your category and maintaining digital copies of all submissions. Many successful applicants create a document index to help USCIS officers navigate the evidence provided.

Application Procedure for Employment-Based Green Cards

The employment-based green card application process involves multiple steps and government agencies. Here's a step-by-step guide to navigate this complex procedure:

Step 1: Determine Eligibility and Category

• Assess Your Qualifications: Review your education, work experience, and skills to understand which category may apply. For self-petition cases like EB-2 National Interest Waiver, you choose the category based on your background. For PERM-based EB-2 and EB-3 applications, the category is decided by your employer based on the job requirements.
• Confirm the Position Requirements: Ensure that the job position aligns with the qualifications for the selected category.
• Verify Employer Sponsorship: If applicable, confirm that your employer is eligible and willing to sponsor your green card application.
• Check the Visa Bulletin: Monitor the visa bulletin regularly to estimate your processing time, as this can vary based on your category and country of birth.

Step 2: Labor Certification Process (for most EB-2 and EB-3 cases)

• Wage determination: The employer submits prevailing wage requests to the Department of Labor.
• Recruitment campaign: The employer conducts recruitment according to DOL requirements.
• Applicant evaluation: The employer evaluates all applicants and documents results.
• Certification application: Employer files ETA Form 9089 with the Department of Labor.
• DOL review: DOL processes and (if approved) certifies the labor certification.

Step 3: File I-140 Immigrant Petition

• Petition Preparation: Prepare Form I-140 and supporting documentation.
• USCIS Submission: Submit the petition with the filing fee to USCIS.
• Respond to Inquiries: Respond to any Requests for Evidence (RFEs).
• Approval notification: Receive approval notice (Form I-797).

Step 4: Priority Date and Visa Availability

• Visa Bulletin Monitoring: Monitor the visa bulletin monthly to check when the priority date becomes current.
• Priority Date Determination: Priority date is the date labor certification was filed (or I-140 filing date if no labor certification).
• Status Monitoring: Wait until the priority date is current before proceeding to the next step.

Step 5: Apply for Permanent Residence

Once an immigrant visa number becomes available, applicants can proceed with their final green card application. This can be done either in the U.S. through adjustment of status or at a U.S. consulate abroad through consular processing.

Option A: Adjustment of Status (if already in the U.S.)

• Application preparation: Prepare Form I-485 (Application to Register Permanent Residence or Adjust Status) and supporting documents.
• Submission timing: Submit the application when the priority date is current.
• Biometrics appointment: Attend a biometrics appointment for fingerprinting.
• USCIS interview: Possibly attend an interview at the local USCIS office.
• Final determination: Receive decision on adjustment application.

Option B: Consular Processing

This is for applicants applying for a green card through a U.S. consulate abroad. You can choose this option even if you are currently in the U.S., but you must travel outside the country to finish the process.

• I-140 petition selection – The petition must clearly state that you plan to apply at a U.S. consulate abroad.
• NVC case transfer – After the I-140 is approved, your case is sent to the National Visa Center (NVC).
• Priority date notification – Once your priority date is current, NVC will contact you with instructions to pay the required fees.
• Visa fee payment – Pay the visa application fees as directed by the NVC.
• DS-260 application – Complete the DS-260 (Immigrant Visa Application form) online.
• Document upload – Submit all required civil documents to the NVC.
• Medical exam – Schedule and attend the required medical examination.
• Consular interview – Attend an in-person interview at the U.S. consulate abroad.
• Visa issuance – If approved, you will receive an immigrant visa to enter the U.S.

Step 6: Post-Approval Process

• Card delivery (adjustment): If the status is adjusted, receive a physical green card by mail.
• U.S. entry (consular): If consular processing, enter the U.S. with an immigrant visa packet.
  
  • USCIS fee payment: Pay the USCIS Immigrant Fee before or after entry.
  • Card production: Receive a physical green card within 45 business days of arrival.

Timeline and Waiting Periods

The timeline for obtaining an employment-based green card can vary significantly based on preference category, country of birth, and processing backlogs. Here's what to expect:

Immigrant Visa Backlogs

The immigrant visa backlog timeframes vary significantly between green card categories, with higher preference categories generally moving faster than lower ones. Country of birth also impacts waiting periods, with applicants from high-demand countries facing longer waits.

Key Phases and their Duration

Each phase of the green card process has its own timeline. Understanding these phase durations helps in setting realistic expectations for the overall process.

Tip: The Visa Bulletin, published monthly by the Department of State, determines when an applicant can proceed with the final step of their green card process. Monitoring this bulletin helps track where your priority date stands in relation to the current processing dates.

Employer vs. Self-Sponsored Green Cards

When pursuing an employment-based green card, understanding whether employer sponsorship is required or if self-petition is possible is crucial. Each approach has distinct requirements, benefits, and challenges:

Employer-Sponsored Green Cards

The employer-sponsored pathway relies on a company's willingness to submit a petition on behalf of the foreign worker. This traditional route requires maintaining the employment relationship throughout most of the green card process.

Categories Requiring Employer Sponsorship:

• EB-1B (Outstanding Professors and Researchers)
• EB-1C (Multinational Managers and Executives)
• EB-2 (Advanced Degree/Exceptional Ability) with labor certification
• EB-3 (Professional, Skilled, and Other Workers)

Employer Requirements:

• Must be a legitimate, active business
• Must demonstrate the ability to pay the offered wage
• Must complete the labor certification process (for EB-2 and EB-3, with the exception of EB-2 NIW) 
• Must maintain the job offer throughout the process

Benefits:

• Employer handles much of the administrative burden
• Often covers filing fees and legal costs
• Provides necessary employment verification and documentation
• May offer immigration support through HR or legal teams

Challenges:

• Dependence on the employer's continued support
• Risk if the employer downsizes or changes ownership
• Limited job mobility during the process
• Position must remain substantially the same until green card approval

Self-Sponsored Green Cards

Categories Allowing Self-Petition:

• EB-1A (Extraordinary Ability)
• EB-2 with National Interest Waiver (NIW)
• EB-5 (Immigrant Investor)

Requirements for Self-Petition:

• EB-1A: Must prove extraordinary ability and continued work in the field
• EB-2 NIW: Must demonstrate an advanced degree or exceptional ability, and national interest
• EB-5: Must make a qualifying investment and create the required jobs

Benefits:

• Independence from any specific employer
• Freedom to change jobs or pursue entrepreneurial ventures
• Control over the application process and timing
• No labor certification requirement

Challenges:

• Higher burden of proof on the applicant
• Typically requires more extensive documentation
• All costs are borne by the applicant
• May require demonstrating future employment plans

The best option depends on your qualifications, career goals, and relationship with your employer. Those with exceptional credentials may benefit from self-petition, while those with strong employer support might prefer the sponsored route.

How Alma can Help with Your Employment-Based Green Card

The employment-based green card process presents numerous challenges for applicants. Complex documentation requirements, strict deadlines, and changing immigration regulations create significant hurdles.

Alma provides expert legal support to overcome these challenges and secure your path to permanent residency:

• Our attorneys develop customized application strategies that consider your unique circumstances, identifying opportunities to expedite your case.
• We prepare complete documentation for you with a fast two-week turnaround time.
• Our experts provide continuous personalized support from initial consultation through green card approval, ensuring you remain informed about your case status at every stage.

Let Alma be your partner on the path to achieving your immigration goals. Schedule a free consultation today!

Final Thoughts

Obtaining an employment-based green card marks a significant achievement in your U.S. immigration journey. The process requires careful planning and attention to detail, but the benefits of permanent residency make these efforts worthwhile.

Proper documentation and timely filings are crucial for a successful application. Many applicants benefit from professional guidance to avoid common pitfalls that can delay or derail their cases.

Alma simplifies each step of this complex process with expert support. Our immigration attorneys provide strategic advice tailored to your specific situation, helping you build the strongest possible case for approval. With Alma, you gain a dedicated partner committed to your success.

Ready to begin your employment-based green card journey? Schedule a free consultation with Alma today!

FAQs

How long does a green card remain valid after approval?

An employment-based green card typically remains valid for 10 years and must be renewed before the expiration date. Permanent resident status itself does not expire (unless granted on a conditional basis), but the physical green card must be kept current as proof of lawful status.

Can employment-based green card holders travel internationally without restrictions?

Travel is allowed, but staying outside the United States for more than six months at a time can raise questions about maintaining permanent residency. Absences over one year generally require a reentry permit or may lead to loss of status without proper documentation of intent to maintain U.S. residency.

Is it possible to change employers after receiving an employment-based green card?

Yes, once a green card is issued, employment is not restricted to the original sponsoring employer. However, changing jobs immediately after approval may raise questions if it suggests the job offer was not genuine, as green cards require intent to work in the sponsored position at the time of approval.

Are there any tax obligations for employment-based green card holders?

Yes, green card holders are considered U.S. tax residents and must report worldwide income on federal tax returns. Failing to meet tax obligations can affect future immigration benefits, including naturalization eligibility.

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