Employment-Based (EB) Green Card Overview

Immigration through Employment 

One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.

  • First preference is for priority workers including persons of extraordinary ability, outstanding professors and researchers, and multinational organization executives and managers.
  • The Second preference is for physicians, members of the professions holding advanced degrees, and persons of exceptional ability.
  • The Third preference is for professionals, skilled and other workers, including nurses and physical therapists.
  • The Fourth preference provides for special immigrants including religious workers.
  • The Fifth preference is an investor-related category, which grants permanent residency to persons who invest significant funds in the US and create 10 jobs for US workers. 

Click on the links to the right to learn more about each preference category.

Comments

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Shelly-Ann (not verified) on Wed, 04/20/2022 - 14:53 Permalink

I received my receipts for my EAD and travel documents application in January of last year. To date I have not received any of the documents. I have also done my Biometrics (March 2021) and medical (August 2021) Based on the USCIS timelines I should have at least received my EAD and travel documents by now. Any suggestions on what to do next?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rajiv S. Khanna on Tue, 04/26/2022 - 07:48 Permalink

You can start by opening a service request if your petitions have been delayed beyond the normal processing time.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by John Samxxx (not verified) on Fri, 06/10/2022 - 10:44 Permalink

I have an I-140 approved (EB-2, Priority date May 2015) from a previous employer. I recently moved to New Jersey and work for a new employer who has not started by PERM process yet. My previous employer is willing to file i*485 as i parted on good terms with the company. If i file the i-485 with them, will my GC be denied if I don't join my previous employer ?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Madhu (not verified) on Wed, 07/06/2022 - 11:48 Permalink

After interfile from eb3 to eb2 (initially downgraded and concurrent filing of 485 in Nov 2020 and received EAD /advance payroll in Feb 2022), my company merged to another company as a successor-in-interest with in 1 month of the inter filing . What are my options now ? My PD is 1/2014 in eb2.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Aastha (not verified) on Mon, 10/17/2022 - 23:31 Permalink

Application of green card through employer requires birth certificate. My birth certificate has everything wrong in it. Spelling of my name, father name, mother name and birthplace name as well. Please suggest what can be done to resolve this. Sinha

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Aggi Ramaiah D (not verified) on Fri, 01/06/2023 - 21:02 Permalink

Sri Rajiv S Khanna Sir, I applied my I-140 downgrade from EB2 to EB3 on Nov 2020 . I got RFE downgrade . I requested downgrade with out amendment. If any case EB3 downgrade denied will affect my Present EB2 1-140 ? My Employer is giving reply for RFE soon. I submitted Interfile on April 2022 and got I-485J. Please advise me is there any problem for EB2 in case downgrade denied ?

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

This issue should be covered in our FAQ. Please see: https://www.immigration.com/faq

 

If unclear, you are welcome to post a message for our next community conference call. We have one almost every other Thursday. https://forums.immigration.com/forums/free-conference-call-for-us-immig…

 

If you cannot wait, feel free to set up a consultation with us: https://www.immigration.com/our-fees

 

 

 

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Chidananda (not verified) on Mon, 01/09/2023 - 13:42 Permalink

Dear Sir, I have a situation, I am a Indian citizen living in Canada with PR. I worked in US for 14 years later I got transferred my GC process (priority date is Oct 2010) to consular processing and right now I have completed all documentation and is DQ'd (documentarily completed) on March 2021 waiting for final interview at Montreal consulate since them. right now I may get the interview date in couple of months as per trend and backlog clearance (Running at DQ completed on Jan 2021. At the same time I may also get my Canadian citizenship oath ceremony anytime now. if I take Canadian citizenship what would be the effect of my GC as my citizenship changes ? or what are my best options here ? Really appreciate your guidence.

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Ankit Patel (not verified) on Sun, 03/05/2023 - 22:51 Permalink

Hello,

I am a licensed PT for state of NY with acquired Canadian Citizenship, and citizen by birth from India. Recently, I have completed type 1 review from FCCPT and have achieved doctorate level recognition for my education for Physical Therapist. I would like to know, which category would be best in my situation apart from TN visa, to obtain green card? Would it go based on my current citizenship or by birth citizenship? What is current wait time in specific category you will recommend? Would I be able to expedite based on my education and qualify for green card sooner? should I apply as a single or entire family together? If you would recommend EB3, then why not EB2? Please advise me, so I can make up my mind.

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

It is your country of birth that matters for green cards. Unless you qualify for EB-1A or B, most PTs will go through EB-2 or EB-3 under Schedule A (No PERM required).

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by arif (not verified) on Wed, 03/15/2023 - 00:43 Permalink

I live in Bangladesh. I want to apply for the EB3 visa for the non-skilled category. Could you please let me the prices time and cost? I don't have an employer who will sponsor me.

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rajiv S. Khanna on Sun, 03/26/2023 - 10:30 Permalink

We are a law firm; we do not get involved with job placements. We cannot do much for you unless a US employer has a job for you.

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by MD Nayeem Khan (not verified) on Thu, 03/30/2023 - 01:46 Permalink

I was in removal proceedings but now I am on PD since 2016. I want to reopen face court for 42B since I have 2nd usa childen born. How do I follow and also I'm filing for I-140 EB1(A) extraordinary ability Secondary math teacher. While I was on removal Proceedings, I applied I-485,I-42B .please guide. legally best to prove extreme hardship to my kids

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Vidhi (not verified) on Mon, 04/03/2023 - 19:57 Permalink

Hi, My husband & I are green card holders (Employment based thru my employer, prior Visa status L1 & L2) since August 2020. My husband recently lost his job, so was hoping if you could please clarify few queries:

• Is he eligible to apply for Unemployment benefit? • If yes, does this have any negative impact on our Citizenship/Naturalization process in future?

Truly appreciate your kind assistance. Thank you

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Availing of unemployment benefits should have no impact on a green card holder's status or naturalization. Eligibility depends upon state law.

Disclaimer
The responses are provided without any guarantee of accuracy. A one-on-one consultation with competent counsel is recommended. Not intended to create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Venki (not verified) on Wed, 04/12/2023 - 03:46 Permalink

I got my green card last year March-22 and I am still working with the same employer filed my GC petition. Now recently I got an offer for another full- time job, fully remote. Can I do both jobs now? Am I allowed to do that? Will it cause any issues during naturalization?

Is it legally fine to work for two employers full time on W2 at same time on a Green Card? Will Immigration officers have any problem with it during the Citizenship interview?

One of my friends was saying our employment contract may prohibit working with other employers without HR approval. The employer can find it out and they may take some legal actions like firing me from my current job or filing a case against me like that.

Could you Please clarify this for me?

Disclaimer
The responses are provided without any guarantee of accuracy. A one-on-one consultation with competent counsel is recommended. Not intended to create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

You may want to post your question for my next free community conference call held every other Thursday https://forums.immigration.com/forums/free-conference-call-for-us-immigration-questions.233/.

If you need a one-on-one video conference, you can request a paid consultation. The fees are here: https://www.immigration.com/our-fees
To schedule a paid consultation, please send an email with your questions to help@immigration.com. We can get back with you with the time and cost of the consultation.

Disclaimer
The responses are provided without any guarantee of accuracy. A one-on-one consultation with competent counsel is recommended. Not intended to create an attorney-client relationship.

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