Employment-Based Green Cards (EB-1 to EB-5): Permanent Residency Through Work

🛂 For foreign nationals seeking to live and work in the U.S. permanently, employment-based (EB) green cards provide a structured pathway to residency. From Nobel laureates to business investors, the EB categories cover a wide range of talent.

This guide breaks down the EB-1 through EB-5 green cards and how BorderlessLawyers can help secure your future in the U.S.


Overview of Employment-Based Green Card Categories

🥇 EB-1: Priority Workers

  • Who it’s for:

    • Individuals with extraordinary ability (science, arts, education, business, athletics)

    • Outstanding professors and researchers

    • Multinational executives and managers

  • Highlights:

    • No labor certification required

    • Often eligible for premium processing


📚 EB-2: Advanced Degree or Exceptional Ability

  • Who it’s for:

    • Professionals with advanced degrees (master’s or higher)

    • Individuals with exceptional ability in arts, science, or business

    • National Interest Waiver (NIW) for those who benefit the U.S. significantly

  • Highlights:

    • Labor certification typically required (except NIW cases)


⚒️ EB-3: Skilled Workers, Professionals, and Other Workers

  • Who it’s for:

    • Skilled workers (2+ years of experience)

    • Professionals (with bachelor’s degrees)

    • Unskilled workers (less than 2 years’ experience)

  • Highlights:

    • Requires labor certification

    • Longer wait times due to visa backlogs


🩺 EB-4: Special Immigrants

  • Who it’s for:

    • Religious workers

    • U.S. government employees abroad

    • Members of the armed forces

    • Certain doctors, broadcasters, and others

  • Highlights:

    • No employer sponsorship in some cases

    • Category-specific eligibility rules


đź’Ľ EB-5: Immigrant Investors

  • Who it’s for:

    • Foreign investors who invest $800,000 to $1,050,000 in a U.S. commercial enterprise

    • Must create or preserve 10 full-time jobs for U.S. workers

  • Highlights:

    • Direct and regional center options available

    • Conditional green card issued first, followed by permanent residency


General Application Steps

  1. đź“„ Employer or applicant files Form I-140 (Immigrant Petition)

  2. đź§ľ Labor certification required for EB-2/EB-3 (via PERM process)

  3. 📊 Wait for priority date to become current based on visa bulletin

  4. 🗂️ File Form I-485 if already in the U.S. or complete consular processing abroad

  5. âś… Attend interview and receive green card approval


How BorderlessLawyers Helps

  • Case assessment to determine the most suitable EB category

  • Full preparation of labor certification, I-140, and I-485 documents

  • National Interest Waiver and EB-1A petition drafting

  • Investment structure guidance for EB-5 applicants

  • Legal representation throughout consular or adjustment of status processing


FAQs

Q: Can I include my family in the application?
Yes, your spouse and unmarried children under 21 can receive green cards as derivatives.

Q: Can I change employers during the green card process?
In some categories (like EB-1 or post-180 days after I-485 filing), yes—with restrictions.

Q: What is the wait time?
It depends on your EB category and country of birth. Some categories (e.g., EB-3 for India/China) have multi-year wait times.


Build Your Future in the U.S. with BorderlessLawyers

From extraordinary professionals to visionary investors, we turn green card goals into reality with strategy, care, and precision.

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