Working in the United States
Obtaining Permanent Residence Through Employment
Employment-based immigration can provide a path to lawful permanent residence for professionals, skilled workers, executives, researchers, investors, and others who meet specific requirements.
The process is divided into five main preference categories, known as EB-1 through EB-5. Each category is designed for a different type of applicant and has its own eligibility rules, sponsorship requirements, and processing considerations.
Which Employment-Based Category May Apply?
The right category depends on several factors, including:
- Your education and professional background
- Your work experience and job skills
- Your achievements or recognition in your field
- Whether you have a U.S. employer sponsoring you
- Whether labor certification is required
- Whether you may qualify for a self-petition or waiver
- Whether investment in a U.S. business is part of your immigration strategy
Some categories are designed for individuals with extraordinary professional accomplishments. Others are intended for skilled workers, professionals with advanced degrees, special immigrants, or qualifying investors.
The chart below provides a general comparison of the five employment-based permanent residence categories.
Understanding the Five Employment-Based Categories
Employment-based permanent residence is divided into five preference categories. Each category is intended for different types of applicants and has its own eligibility and sponsorship requirements.
EB-1: Priority Workers
For certain individuals with extraordinary ability, outstanding professors and researchers, and qualifying multinational executives and managers.
EB-2: Advanced Degree or Exceptional Ability
For qualifying professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business.
EB-3: Skilled Workers and Professionals
For qualifying skilled workers, professionals, and certain other workers seeking permanent employment in the United States.
EB-4: Certain Special Immigrants
For people who qualify under specific special immigrant classifications, including certain religious workers and other designated groups.
EB-5: Immigrant Investors
For qualifying investors who make the required investment in a U.S. commercial enterprise and meet applicable job-creation requirements.
The chart below provides a quick comparison of these five employment-based categories.
| Category | Who It May Fit | Labor Certification | Key Consideration |
|---|---|---|---|
| EB-1 | Individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers. | Not Required | Designed for individuals with exceptional accomplishments or qualifying high-level professional or executive experience. |
| EB-2 | Professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business. | Usually Required* | A National Interest Waiver may allow certain qualified applicants to proceed without the traditional labor certification process. |
| EB-3 | Skilled workers, professionals, and certain other qualifying workers. | Generally Required | Typically requires a permanent, full-time job offer from a qualifying U.S. employer. |
| EB-4 | Certain special immigrants, including qualifying religious workers and other specifically designated groups. | Generally Not Required | Eligibility requirements vary significantly depending on the specific EB-4 classification. |
| EB-5 | Qualifying immigrant investors making an eligible investment in a U.S. commercial enterprise. | Not Required | Requires a qualifying investment and the creation of at least 10 qualifying full-time jobs. |
Very professional lawyers with great experience and knowledge.
I obtained my citizenship last month and the process was so smooth. Highly recommended.
-J. Triste
Not Sure Which Employment-Based Option Is Right for You?
Choosing the right employment-based immigration category can be one of the most important parts of the process. Your education, work experience, professional accomplishments, employer relationship, and long-term goals can all affect the options available to you.
Our immigration team can review your background, explain the employment-based categories that may apply, and help you understand the next steps toward permanent residence.