Employment-Based Green Cards

Which Preference Category Applies?

U.S. employment-based (EB) Green Cards are divided into distinct "preference categories." The category we select dictates how fast the process will move and whether you must undergo the rigorous PERM Labor Certification process.

EB-1: First Preference (Priority Workers)

The EB-1 category is highly sought after because it completely bypasses the PERM Labor Certification process, saving employers roughly 12 to 18 months of processing time.

• EB-1A (Extraordinary Ability): For individuals at the very top of the sciences, arts, education, business, or athletics. (Self-petition allowed).

• EB-1B (Outstanding Professors & Researchers): For internationally recognized academics with a U.S. job offer.

• EB-1C (Multinational Managers & Executives): The direct Green Card pathway for executives transferring to the U.S., commonly used by L-1A visa holders.

EB-2: Second Preference (Advanced Degrees & Exceptional Ability)

This category requires the U.S. job to demand at least a Master’s degree (or a Bachelor’s + 5 years of progressive experience).

• Standard EB-2: Requires employer sponsorship and an approved PERM Labor Certification.

• National Interest Waiver (NIW): If the applicant's work is of "substantial merit and national importance" to the United States, we can petition to waive the employer sponsorship and PERM requirements entirely.

EB-3: Third Preference (Skilled Workers & Professionals)

For jobs requiring at least a U.S. Bachelor's degree or two years of specialized training/experience. All EB-3 petitions require a U.S. employer to sponsor the candidate and obtain an approved PERM Labor Certification.

The Three-Step Process with IMMI.LAW

For standard EB-2 and EB-3 cases, the process involves three distinct government agencies:

Step 1: PERM Labor Certification (Department of Labor) Before an employer can sponsor a foreign worker, the DOL must certify that there are no qualified, willing, and available U.S. workers for the position.

• We first obtain a Prevailing Wage Determination (PWD) to establish the minimum salary.

• We guide the employer through a strict, 60-day "good faith" recruitment process (newspaper ads, job boards, state workforce filings).

• We file the ETA Form 9089 to officially secure the Labor Certification.

Step 2: The Immigrant Petition (Form I-140 - USCIS) Once the PERM is certified (or if you qualify for an EB-1/NIW exemption), we file Form I-140 with USCIS. This petition proves that the candidate meets the job requirements and that the employer has the "ability to pay" the prevailing wage.

Step 3: The Green Card Application (Form I-485 or Consular Processing) Once the I-140 is approved and the candidate's "Priority Date" becomes current on the State Department's Visa Bulletin:

• Inside the U.S.: We file Form I-485 (Adjustment of Status) to secure the physical Green Card, along with applications for work authorization (EAD) and travel permits (Advance Parole) while the case is pending.

• Outside the U.S.: We process the final immigrant visa application through the National Visa Center (NVC) and the local U.S. Embassy.

Official Government Fees (Current as of 2026)

Corporate Green Card sponsorship involves significant government fees. By law, the employer MUST pay all costs associated with Step 1 (PERM). Fees for Step 2 and 3 can generally be paid by either the employer or the employee.

Step 2 Fees (Form I-140):

• Form I-140 Base Fee: $715

• Asylum Program Fee: $600 (or $300 for small employers with 25 or fewer employees; $0 for nonprofits).

• Premium Processing (Optional): $2,965 (Note: Effective March 1, 2026, USCIS increased this fee to guarantee a 15-day or 45-day processing turnaround, depending on the EB category).

Step 3 Fees (Form I-485 Adjustment of Status):

• Form I-485 Filing Fee: $1,440 (Includes biometrics).

Please verify all current fees directly on the Official USCIS Fee Schedule.

Frequently Asked Questions

What is the "Visa Bulletin" and why is my Priority Date important? Congress limits the number of employment-based Green Cards issued each year, further capped by the applicant's country of birth. Your "Priority Date" is the day we file your PERM (or I-140 if PERM-exempt). You must wait in line until your Priority Date becomes "current" on the monthly Visa Bulletin before you can file Step 3 (I-485) and actually receive your Green Card.

Can I change jobs while my Green Card is pending? Under the AC21 portability rule, if your I-485 Adjustment of Status application has been pending with USCIS for more than 180 days, you may be able to change employers without abandoning your Green Card application, provided the new job is in the "same or a similar occupational classification."

Can my family get Green Cards too? Yes. Your legally married spouse and unmarried children under the age of 21 can be included as derivatives on your I-485 or Consular Processing application, allowing them to receive their Green Cards alongside you.

Strategize for the Long Term

The Green Card process is a marathon, not a sprint. A single recruitment error during the PERM phase can force an employer to start over, costing years of time. Partner with IMMI.LAW to ensure it is done flawlessly the first time.

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