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Employment-Based Immigration · Green Card

Green Card

Plan your long-term status in the U.S.

Multiple Paths
Some Allow Self-Petition
Status for Your Family

EB-1A, EB-5, and EB-2 / EB-3 paths to permanent residence. We help you identify the path that fits you best and manage the whole process: labor certification (PERM), I-140, priority dates and I-485.

Ideal ForExtraordinary Talent & ResearchersProfessionals & Skilled WorkersInvestors & Entrepreneurs

Overview

Employment-based green cards fall into EB-1, EB-2, EB-3 and the investor category EB-5, plus the Trump Gold Card launched in late 2025. EB-1A, EB-2 NIW and EB-5 need no employer sponsor, while EB-2 and EB-3 require the employer to obtain a labor certification first. The most common mistake is looking only at eligibility and ignoring the queue: after the I-140 is approved, you still wait until your category and country of birth are current before filing the I-485 or applying for an immigrant visa.

Main categories: EB-1, EB-2, EB-3, EB-5
Employer sponsor needed?: Not for EB-1A, NIW or EB-5
Labor certification needed?: Yes for EB-2 and EB-3
Priority-date queue: By category and country of birth
Family members: Spouse and unmarried children under 21
Green card stage: I-485 in the U.S. or consular processing

Main paths

Grouped by whether an employer sponsor is needed; you only need to qualify for one path.

Path 1

No employer sponsor

EB-1A: show extraordinary ability in the sciences, arts, education, business or athletics, and file on your own
EB-2 NIW: hold an advanced degree or exceptional ability and show your proposed work is in the U.S. national interest
EB-5: invest the required amount in a U.S. business and create at least 10 full-time jobs for U.S. workers
Trump Gold Card: make a gift to the government and pass background vetting; the rules are still evolving
None of these needs a labor certification, but all are subject to the visa queue

Path 2

Employer sponsor required

EB-2: the job requires a master's degree, or a bachelor's plus five years of progressive experience
EB-3: for professionals with a bachelor's degree, skilled workers with at least two years of experience, and other workers
The employer first obtains a prevailing wage, runs a recruitment test and secures a PERM labor certification
After certification, the employer files Form I-140 for the employee
The job offer must remain valid until the green card is approved

Process and timing

After I-140 approval, you file the I-485 or go through consular processing once the Visa Bulletin shows your date is current. Timing depends on current official processing.

15 / 45 business days

I-140 premium processing (45 for NIW)

Monthly

State Department Visa Bulletin sets each category's queue

Choose a path
Pick a category based on education, achievements, employer and funds
Labor certification (if needed)
The employer completes the prevailing wage, recruitment and PERM filing
File the immigrant petition
File Form I-140, or Form I-526E / I-526 for EB-5
Wait for a visa number
Track the Visa Bulletin until your priority date is current
Green card stage
File Form I-485 in the U.S. or interview at a consulate abroad

Fees

Legal fees and government fees are listed separately.

Legal fees

Quoted after consultation

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Government fees

USCIS Form I-140 fee: $715
Asylum Program Fee (with I-140): $600
Form I-485 adjustment fee (per person): $1,440
I-140 premium processing (optional): $2,965
Consular immigrant visa fee (per person): $345

Government fees can change every year. Paper-filing amounts shown; some forms are $50 less online. Subject to current USCIS and Department of State fee schedules.

Green card paths

EB-1A extraordinary ability

The EB-1A green card is for individuals who can demonstrate extraordinary ability in sciences, arts, education, business, or athletics.

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EB-2 NIW National Interest Waiver

The EB-2 NIW allows qualified professionals to self-petition for a green card without employer sponsorship by demonstrating their work is in the national interest.

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EB-2

The EB-2 process allows employers to sponsor qualified workers with advanced degrees for permanent residence through labor certification.

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EB-3

The EB-3 visa category is for skilled workers, professionals, and other workers seeking permanent residence through employer sponsorship.

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EB-5 investor green card

The EB-5 visa provides a path to permanent residence for foreign investors who invest in U.S. businesses that create jobs.

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Our attorneys

The attorneys who handle these cases.

Wenjie SunOf Counsel & Immigration Counsel

Meet the team

Frequently asked questions

What is the difference between EB-1A and NIW?

Both are exempt from labor certification and allow self-petitioning. EB-1A requires the higher “extraordinary ability” standard, while NIW centers on showing that your work serves the U.S. national interest.

How long does an employment-based green card take?

It depends on the category and the priority date for your country of birth. EB-1A is relatively fast; EB-2 / EB-3 depend on the priority date. Refer to the current Visa Bulletin for specifics.

Do I need an employer to apply for a green card?

EB-1A and EB-2 NIW do not require an employer. EB-2 (non-NIW) and EB-3 usually require employer sponsorship and labor certification.

What is PERM?

PERM is the labor certification process in which an employer, before sponsoring a foreign employee for an employment-based green card, shows the Department of Labor (DOL) that no suitable U.S. workers are available locally.

What is a priority date?

Immigrant visa numbers are allocated in order by category and country of birth. You must wait until your priority date is current before you can file or be approved.

Start yourpath to success

Book a consultation with our immigration experts today. We’ll identify the green card path and timeline that best fit your background.

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