Obtaining a green card through a job offer and sponsorship of an employer or self-petitioned by virtue of the work that you do is one of the most common pathways to becoming a lawful permanent resident (LPR) in the United States. This guide provides an overview of the process, eligibility, and best practices to help you navigate your journey to permanent residency.

 

What is a Green Card?

A green card is an official document issued by the U.S. government that grants permanent residency status. With a green card, you can:

   Live and work in the U.S. indefinitely.

   Own property and receive certain public benefits.

   Apply for U.S. citizenship after meeting eligibility requirements.

Green card holders, also known as lawful permanent residents, enjoy many rights but must maintain their status to avoid losing it.

 

Who Can Apply for a Green Card Through Employment?

Employment-based green cards are available to individuals with specific skills, qualifications, or job offers from U.S. employers. Eligibility depends on:

   Your qualifications and experience.

   The type of job offered.

   Your employer’s ability to sponsor you and prove that hiring you will not negatively affect U.S. workers.

 

The Different Types of Employment-Based Green Cards

U.S. immigration law provides several preference categories of employment-based or “EB” green cards. By and large, the preference categories with the lower numbers, EB-1 for example provide greater advantages in the wait between application and actually receiving the green card as opposed to the categories with the lower preference, EB-3 for example. 

EB-1: Priority Workers

   Individuals with extraordinary abilities in sciences, arts, education, business, or athletics.

   Outstanding professors and researchers.

   Certain executives and managers of multinational companies.

EB-2: Advanced Degrees and National Interest Waiver (NIW)

   Individuals with advanced degrees or exceptional abilities.

   National Interest Waivers (NIW) applicants can self-petition if their work significantly benefits the U.S.

EB-3: Skilled Workers and Professionals

   Skilled workers with at least two years of experience.

   Professionals with a bachelor’s degree.

   Other workers for unskilled positions.

EB-4: Special Immigrants

   Religious workers, international organization employees, and other specific categories.

EB-5: Investors

   Individuals who invest significant capital in U.S. businesses that create jobs.

 

The Application Process

Step 1: Filing the PERM Labor Certification or Self Petition (EB-1A or NIW)

Most employment-based green card applications begin with the Program Electronic Review Management (PERM) labor certification process:

The employer must prove there are no qualified U.S. workers for the position by following a US Department of Labor process for offering the job to US workers before proceeding to the immigration sponsorship petition (I-140).

   Conduct a recruitment process to demonstrate the need for a foreign worker.

   Submit the Form ETA 9089 Application for Permeant Employment Certification (PERM)

In the U.S. employment-based immigration system, certain categories allow individuals to self-petition for a green card without requiring employer sponsorship. If a worker qualifies for either of the two following categories, they may skip Step 1 (PERM) and proceed directly to Step 2 below. These categories include:

EB-1A: Extraordinary Ability

 This category is for individuals who can demonstrate extraordinary ability in fields such as science, arts, education, business, or   athletics. Applicants must provide evidence of sustained national or international acclaim and that their achievements have been recognized in their field. Self-petitioning is permitted, meaning no employer sponsorship is required. 

EB-2 National Interest Waiver (NIW)

The EB-2 NIW category is for professionals holding advanced degrees or individuals with exceptional ability whose work is deemed to be in the national interest of the United States. Applicants can request a waiver of the standard job offer and labor certification requirements by demonstrating that their work has substantial merit and national importance. Self-petitioning is allowed in this category. 

These self-sponsorship options provide pathways for highly skilled individuals to obtain permanent residency based on their own qualifications and contributions, without the need for employer sponsorship.

Step 2: Preparing the I-140 Petition

   The employer or the employee files Form I-140, Immigrant Petition for Alien Worker, with USCIS. This step confirms:

   The petitioner and beneficiary meet the qualifications for the green card category requested.

   The employer has the financial ability to pay the offered wage if petitioned by an employer.

Step 3: Filing Form I-485 or Consular Processing

   Applicants can adjust status to that of a lawful permanent resident through one of two paths:

Form I-485 (Adjustment of Status): Filed if the applicant is already in the U.S. and a visa number is available.

Consular Processing: Conducted at a U.S. embassy or consulate if the applicant is outside of the U.S. or prefers this option.

Both options require:

   A medical examination by a USCIS-approved physician.

   Submission of supporting documents.

Step 4: Attending the Visa Interview

A final interview verifies:

   The applicant’s qualifications and employment details.

   Supporting documentation for admissibility criteria.

 

Common Challenges in the Green Card Process

PERM Labor Certification

   DOL processing backlogs and errors in job postings and recruitment steps can delay approval.

   Meeting stringent DOL regulations is critical.

EB-1 and National Interest Waiver 

   Showing that a foreign national has risen to the very top of their field of endeavor requires extensive documentation. 

   Demonstrating the significant benefit of your work to the U.S. requires strong evidence and clear articulation.

Visa Interviews

   Inconsistent responses or incomplete documentation can result in delays or denials.

The Importance of Hiring an Immigration Lawyer

Navigating the green card process can be complex. An experienced immigration attorney can:

   Ensure forms and supporting documents are accurate and complete.

   Articulate primary and backup approaches for navigating factors including timing, probabilities and procedures. 

   Provide guidance on legal strategies

   Represent you in case of RFEs, consular denials or appeals.