How to immigrate to the US via an employment-based Green Card?

Foreign nationals can immigrate to the US for work purposes using an employment-based immigrant visa, also referred to as an employment-based green card. These visas are part of the larger immigration system that includes employment-based and family-sponsored categories, and they are administered by the U.S. Citizenship and Immigration Services (USCIS).

The employment-based immigrant visa classification has multiple preference categories, each with specific eligibility requirements. EB-1 (Employment-Based First Preference), EB-2 (Employment-Based Second Preference) and EB-3 (Employment-Based Third Preference) are the three major categories. The other two are EB-4 (Employment-Based Fourth Preference) and EB-5 (Employment-Based Fifth Preference).

Here is a step-wise process to get an employment-based immigrant visa for EB-1, EB-2 and EB-3 category:

Labor Approval

To be considered for an immigrant visa under some of the employment-based categories, the applicant’s prospective employer or agent must first obtain a labor certification approval from the Department of Labor.

Filing of Petition

Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.

Assigning Case Number

After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition.

Complete Form DS-261

When an applicant’s priority date meets the most recent qualifying date, the NVC will instruct the applicant to complete Form DS-261, Choice of Address and Agent. If you already have an attorney, the NVC will not instruct you to complete Form DS-261.

Fee Payment

The NVC will begin pre-processing the applicant’s case by providing the applicant with instructions to submit the appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant submit the necessary immigrant visa documents, including application forms, civil documents, and more.

Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations.

All categories of employment-based immigrant visas are issued in the chronological order in which the petitions were filed until the annual numerical limit for the category is reached.

Priority date

The filing date of a petition becomes the applicant’s priority date. Immigrant visas cannot be issued until an applicant’s priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.

The priority date determines a person’s turn to apply for an immigrant visa. In employment immigration, the priority date may be the date the labor certification application was received by the Department of Labor (DOL).