Around 140,000 employment-based immigrant visas are available each year across five categories. How many reach applicants from your country depends on annual limits, per-country caps and unused family-based visas. Picking the right category matters more than filing fast.
The five employment-based categories at a glance
Each EB category answers a different question. EB-1 asks how far above the field you sit. EB-2 and EB-3 ask what the job requires and whether a US worker could fill it.
| Category | Who it suits | Employer sponsorship | PERM labor certification |
|---|---|---|---|
| EB-1 | Extraordinary ability holders, outstanding professors and researchers, multinational executives and managers | Not for EB-1A (self-petition allowed); yes for professors, researchers, executives and managers | No |
| EB-2 | Advanced degree holders, or people with exceptional ability in science, business or the arts | Yes on the standard route; no under a National Interest Waiver | Yes on the standard route; waived under NIW |
| EB-3 | Skilled workers, professionals with a US bachelor’s degree or equivalent, other workers in roles needing under two years | Yes | Yes |
| EB-4 | Religious workers, broadcasters, staff of qualifying international organisations, current or former US government employees abroad | Depends on the statutory category | No |
| EB-5 | Investors funding a new commercial enterprise | No | No |
EB-1: the priority worker route
EB-1 covers extraordinary ability in science, education, business, athletics or the arts, outstanding professors and researchers, and certain multinational executives and managers.
EB-1A is the only one that lets you self-petition, which suits founders, independent researchers and athletes between contracts. The trade-off is that the evidence burden sits entirely on you.
EB-2 and the National Interest Waiver
EB-2 needs an advanced degree or its equivalent, or exceptional ability in science, business or the arts. The standard route requires a permanent job offer plus PERM labor certification from the Department of Labor.
The National Interest Waiver removes both. You have to show the work has substantial merit and national importance, and that waiving the usual requirements benefits the United States. Our comparison of the sets out the odds.
EB-3 and EB-4
EB-3 splits into skilled workers in roles needing at least two years of training, professionals with a US bachelor’s degree or foreign equivalent, and other workers in roles needing less than two years. All three need a permanent full-time job offer, employer sponsorship and PERM. Healthcare workers, engineers, IT professionals, teachers and accountants file here in large numbers.
EB-4 covers special immigrants: religious workers, broadcasters, employees of qualifying international organisations, and current or former US government employees abroad.
What PERM actually proves
PERM is run by the Department of Labor, not USCIS. Your employer must show there are not enough able, willing, qualified and available US workers for the role, and that hiring you will not adversely affect the wages or working conditions of similarly employed US workers.
PERM approval grants nothing on its own. It is a precondition, and a common source of delay when the recruitment record or job description does not hold up.
Where an attorney changes the outcome
Three points genuinely move the needle. PERM drafting is the first: the wording of the minimum requirements decides whether the recruitment survives scrutiny. Responses to requests for evidence are the second, because you usually get one attempt and a fixed window. NIW petitions are the third, since they turn on framing of the evidence rather than checklists.
Elsewhere, paid help buys convenience rather than a better result. Civil documents, the medical exam, biographic sections and visa bulletin tracking are all things you can handle yourself.
Costs and delays to plan for
Employment-based cases run for years, so treat the cost as a series rather than a single payment. Legal work is billed in stages: PERM, the I-140 petition, then adjustment of status or consular processing, and any request for evidence adds unbudgeted work. Government filing fees sit on top and change periodically, so check the current USCIS fee schedule rather than any figure quoted in an article.
Budget for the quiet items too: document retrieval, certified translations, courier costs, the medical exam and consular travel.
Some delays are yours to prevent. Missing documents, incomplete employer information and labor certification problems sit with you or your employer, and requests for evidence often trace back to thin initial filings. Visa number backlogs, security checks and medical exam scheduling are not things you can speed up.
What EB-5 investors should check first
EB-5 rests on a qualifying investment in a new commercial enterprise that creates or preserves at least ten full-time jobs for qualifying US workers. Your profession is irrelevant; the project economics are everything.
Before committing capital, read the offering documents rather than the marketing summary. Ask how job creation is calculated, where your money sits before deployment, what the exit terms are, and how many investors are already in the project.
Check the track record of anyone selling you the deal, including projects that failed. Treat immigration outcome and financial return as separate risks: a project can repay you and still fall short on jobs. Our covers how other countries structure the same idea.
The filing sequence
Pick the category first. Secure employer sponsorship if it is required, then complete labor certification if it applies. File Form I-140. Wait for a visa number if one is not immediately available.
From there you either adjust status inside the United States or go through consular processing abroad. Approval gives you lawful permanent resident status: the right to work for most employers, to change employer once the applicable requirements are met, and to sponsor qualifying family members.
Your first 90 days as a permanent resident
You arrive with no US credit history, which affects renting, financing a car and getting decent card terms. Open a bank account early and consider a secured card to start a file.
Sort health insurance in the same window, since employer coverage usually has an enrolment deadline tied to your start date. Our guide to goes further on housing, taxes and credit.
FAQ
Can I file an EB petition without an employer?
Yes, in two situations. EB-1A extraordinary ability allows self-petition, and so does the EB-2 National Interest Waiver. Every other main route, including EB-3 and standard EB-2, needs an employer to sponsor you and take part in the process. EB-5 rests on investment rather than an employer.
Does PERM approval mean I get a green card?
No. PERM is a Department of Labor step that tests the US labor market for your role. It confers no immigration status by itself. You still file the petition, wait for a visa number if needed, and complete adjustment or consular processing.
How long does an employment-based case take?
There is no single answer. Timing depends on your category, your country of chargeability, government workload and how many visas are available that year. Per-country caps mean two people filing on the same day can wait very different lengths of time. Check current USCIS processing information.
Can my family come with me?
A spouse and unmarried children under 21 may apply as derivative beneficiaries, subject to US immigration requirements. They generally follow the same category and priority date as you. Children who turn 21 during a long wait can lose eligibility, so raise the timing early with whoever handles your case.
What to do next
Work out which category your profile fits, using the sponsorship and PERM columns above as the filter. If your route needs an employer, confirm in writing that they will fund and run PERM. Gather your degrees, employment letters and evidence of achievement now, because those documents drive both the I-140 and any request for evidence later. Check the current USCIS fee schedule and processing information, and get a paid consultation before filing if your case turns on NIW arguments or an EB-5 project.
Fees and rules change; verify on the official USCIS website before you file.
