Employment-Based (EB) Green Card Overview

Printer-friendly versionPDF version

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 left to learn more about each preference category.


I will be finishing university in a few months. I am studying law at a top 10 university in the UK.

What are my options?

I have a BS computer science and engineering degree and have a 5+ Years of experience.

I completed my degree in 2005 but the degree was awarded to me in 2007 and was dated on 2007 i.e. when the registrar signed/stamped the degree. Degree is saying that i completed my degree in 2005.

My Case was submitted in EB-2 category and PERM was approved. I-140 was RFE'ed because USCIS said " I do not have 60 months of work experience following when my degree was awarded in 2007". Attorney replied to RFE with explanation but still the EB-2 case was rejected.

I got a letter from university and transcript with an explanation that i completed degree in 2005.

Attorney submitted a requested to AAO with all the document and it was rejected.

I have I-140 for my approved PERM but i would like to submit my case in EB-2.

What should i do? My attorney is not willing to do anything and asking me show that I have at least 5 years of full-time work experience after Bachelor’s degree was "awarded" and I do not meet the requirements of EB-2. According to them they are looking at degree stamping date i.e. 2007 not the year i completed my degree i.e. 2005.


Tell your lawyer to review and see if this document helps from American Immigration Lawyers Association: AILA Doc. No. 16060762. (Posted 6/7/16).

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.


My wife moved from Europe to US with her company A since 2013. She entered the US with a L1-B visa (specialized knowledge)

I am on a L2-B dependent visa + EAD. I am working with a company B since 2014.

My wife recently renewed her L1 visa for 2 more years (form I-129S, non immigrant petition Based on blanket L petition) which was changed from L1-B into a L1-A visa (manager) so I am currently on a L2-A visa

Unfortunately company "A" of my wife does not sponsor for Greencard. In order to be independent from my wife in terms of work authorization, can I be sponsored by my company "B" to get a employment based Greencard ? If this is possible, which form or process should my company fill out or follow ?


We have paid for my daughter's GC since March 23, 2016 until now we dont have it yet...where and how can we check the status of her GC. Why is it taking so long for her GC to arrive?

Lily, call USCIS customer service.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Hello Rajiv,

I have following questions to ask you. I really appreciate if you can answer me.

I have H1b since Jun 2007 with one of the Desi consulting company in New Jersey and applied for Green card in EB2 category on 2009. I got my EAD and advance parole (AP) in 2012. I got married after get the EAD/AP and my wife came to USA on H4 visa as I am working on H1b till today. I have valid H1b till 2018 and valid EAD/AP till April 2017.

My wife is 100% house wife now and she is not interested with further study or job.

I am on bench period last one month and my desi consultant company terminates me next one month if I am not able to get project. I am planning to do H1b transfer to different company. I have below questions to ask you,

1. If I transfer my H1b to any new company, what is the status of my current EAD/AP which I got from my current employer? Will have to apply entire green card process again from new company? Will my EAD/AP card going to void?

2. How can I continue my green card process with new company after H1b transfer? What documents required to continue my green card process with new company?

3. I have H1b till Sep-2018 and have I-140 approved. I already passed 6 years of H1b. if I will not get my Green card till Sep-2018. Will my H1b going to extend next 3 years or not?

4. What is the use of AC21? If I use AC21, Will my wife stay with me in USA?

Thank you.