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Employment Based Permanent Residency (Green Card)

This section will provide an overview of the employment-based immigration process, the requirements to qualify for employment sponsorship, and the application and adjudication process.  If a person wants to become an immigrant based on the fact that they have a permanent employment opportunity in the United States, they must go through a multi-step process.  To qualify for permanent residency through employment, an employee must qualify less than one of the five employment-based preference categories, which are tiered according to level of experience and education.

Preference Categories
Visa Numbers
Numerical Limits
Helpful Links

Preference Categories

1. First Employment-Based Preference: Priority Workers (EB-1)
   1. Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics (No offer of employment required).
   2. Foreign national that are outstanding professors or researchers
   3. Foreign nationals that are managers and executives subject to international transfer to the United States
      
      
   NOTE: Labor Certification is not required.
2. Second Employment-Based Preference: Professionals with advanced degrees or persons with exceptional ability (EB-2)
   1. Foreign nationals of exceptional ability in the sciences, arts or business
   2. Foreign nationals that are advanced degree professionals
   3. Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved
      
      
   NOTE: For EB-2 a labor certification and job offer are required. If the job offer is waived by the USCIS in the national interest, the foreign national is not subject to the labor certification requirement.
3. Third Employment-Based Preference: Skilled or professional workers (EB-3)
   1. Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
   2. Foreign national skilled workers (minimum two years training and experience)
   3. Foreign national unskilled workers (worker who can perform labor for which qualified workers are not available in the United States.)
4. Fourth Employment-Based Preference: Special Immigrants
   1. Foreign national religious workers
   2. Employees and former employees of the U.S. Government abroad
      
      
   NOTE: Labor Certification is not required
5. Fifth Employment-Based Preference: Immigrant Investors
   
   NOTE: Labor Certification is not required

Visa Numbers

The Department of State is responsible for providing visa numbers to foreign nationals interested in immigrating to the United States.  To find out more about the Department of State's visa process visit the Department of State or click here for specific information on how to get an immigrant visa number.

To check the status of a visa number you can review the Department of States Visa Bulletin

Numerical Limits

There are no numerical limitations for the immediate relatives of U.S. citizens.  Immediate relatives are parents, spouses and unmarried children under the age of 21.

The yearly numerical limitations for the family members in the preference categories are as follows.

1. First Preference: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
2. Second Preference: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
   1. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
   2. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
3. Third Preference: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.
4. Fourth Preference: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences

Helpful Links

Department of State's Visa Bulletin