Under U.S. immigration law, a foreign national may become a lawful permanent resident (Green Card holder) through employment-based immigration. Employment-based (EB) immigrant petitions are divided into five main preference categories, depending on the applicant’s qualifications, experience, and purpose of immigration.

Employment-Based Categories

• EB-1: Priority Workers — Individuals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and certain multinational executives and managers.
• EB-2: Professionals with Advanced Degrees or Exceptional Ability — Individuals with advanced degrees (Master’s or higher) or exceptional ability in their field.
• EB-3: Professionals, Skilled Workers, and Other Workers — Professionals with at least a bachelor’s degree, skilled workers with at least two years of experience, and other (unskilled) workers performing labor for which qualified U.S. workers are not available.
• EB-4: Special Immigrants — Includes religious workers, certain employees of the U.S. government abroad, Special Immigrant Juveniles (SIJs), and others designated under special programs.
• EB-5: Immigrant Investors — Individuals investing a substantial amount of capital in a new commercial enterprise that creates or preserves jobs for U.S. workers.

Process of Employment-Based Green Card Petition

1. Labor Certification (PERM):
   For most EB-2 and EB-3 petitions, the sponsoring employer must first file and obtain a Permanent Labor Certification (PERM) from the U.S. Department of Labor (DOL). This certification verifies that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively affect the wages or working conditions of U.S. workers.
2. Immigrant Petition:
   After obtaining the labor certification, the employer files Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS).
3. Labor Certification Exemptions:
   Labor certification is not required for petitions filed under:
   • EB-1 (Extraordinary Ability, Outstanding Professor/Researcher, Multinational Manager or Executive)
   • EB-2 (National Interest Waiver)
   • EB-4 (Special Immigrants)
   • EB-5 (Immigrant Investors)
4. Adjustment of Status or Consular Processing:
   Once USCIS approves the immigrant petition, if the beneficiary is inside the United States, they may apply for Adjustment of Status (Form I-485).
   If the beneficiary is outside the United States, they will complete Consular Processing at a U.S. Embassy or Consulate abroad.

If you are an employer seeking to sponsor a foreign national for permanent employment, or an individual interested in self-petitioning under a qualifying category, the Law Office of Sudeep K. Sharma can help.
Call us today at 718-536-9618 for a consultation! Our experienced immigration attorneys will evaluate your eligibility and guide you through every step of the employment-based Green Card process.

If you are an employer and wish to sponsor a foreign national for a permanent position and would like to start the process, please call the Law Office of Sudeep K. Sharma at 718-536-9618 for a free consultation. Our dedicated and experienced attorneys will analyze the sponsoring employer’s or self-petitioner’s particular circumstances and eligibility to start the employment-based green card application process.