An employment-based green card is a path to permanent residence — the status of a lawful permanent resident — earned through work rather than family ties. U.S. law sets aside at least 140,000 of these green cards each year, divided among five preference categories (EB-1 through EB-5) that range from top researchers and executives to skilled workers and investors. Most cases follow a three-step path: an employer tests the U.S. labor market (a process called PERM), files a petition classifying the worker (Form I-140), and the worker then applies for the green card — though the highest categories can skip parts of that and self-petition.
Status as of July 2026. Green card availability in several employment categories is tight: India's EB-2 and EB-5 Unreserved reached their limits and were listed "unavailable" for the rest of fiscal year 2026, with visa numbers expected to become available again after the fiscal year resets on October 1. USCIS has adopted a policy emphasizing discretionary review of adjustment-of-status (Form I-485) applications, weighing favorable and unfavorable factors before approval. Filing fees are set on the current USCIS fee schedule.
The five EB categories
Employment-based immigration is built on five preference categories, each with its own profile and evidence standard. EB-1 covers priority workers: people of extraordinary ability (EB-1A, which allows self-petition), outstanding professors and researchers (EB-1B), and certain multinational executives and managers (EB-1C). EB-2 is for professionals with an advanced degree or people of exceptional ability. EB-3 covers skilled workers, professionals, and other workers. EB-4 is for certain special immigrants, and EB-5 is for immigrant investors. Because these annual visas are divided across the categories and further limited to about 7% per country, waits differ sharply by category and country of birth. This route is distinct from temporary work status such as the H-1B, described under nonimmigrant visas, which is often used as a bridge while an employment green card is pending.
How the process works
The most common route — an employer sponsoring an EB-2 or EB-3 worker — runs in three stages. First is PERM labor certification: the employer obtains a prevailing-wage determination from the Department of Labor, advertises the job, and documents that no qualified U.S. worker was available. The day the Department of Labor receives the PERM sets the worker's priority date, their place in line. Second, after PERM is certified, the employer files Form I-140, the immigrant petition, which classifies the worker under an EB category and shows the employer can pay the offered wage; premium processing can buy a faster decision. Third, once a visa number is available, the worker applies for the green card itself — filing Form I-485 to adjust status inside the U.S., or going through consular processing abroad. Categories that do not require PERM, such as EB-1 and the EB-2 National Interest Waiver, skip the first stage, and the priority date is instead the day USCIS receives the I-140.
EB-2 vs. EB-3, and the National Interest Waiver
EB-2 and EB-3 are the categories most workers move through, and the difference matters. EB-2 generally requires a U.S. master's degree or higher, or a bachelor's plus progressive experience, in a job that demands that level. EB-3 covers professionals with a bachelor's degree and skilled workers with at least two years of training or experience. Both usually run through PERM, but they sit in different lines, so the same person may wait far longer in one than the other. Within EB-2, the National Interest Waiver (NIW) is a separate path: a person whose work is of national importance may self-petition and skip both the job offer and PERM. It is judged under a three-part standard — the work has substantial merit and national importance, the person is well positioned to advance it, and it benefits the United States to waive the usual requirements — and, as noted above, that review has grown stricter.
Priority dates and the wait
A priority date fixes a worker's position in the green card line, and for backlogged countries it is the single most important number in the case. It is the PERM filing date for EB-2 and EB-3, or the I-140 filing date for PERM-exempt categories. The Department of State's monthly Visa Bulletin then controls when a visa number becomes available for each category and country of birth; for applicants born in India or China, that wait can run many years and often outlasts a temporary work visa's limits. A useful feature of the system is that the priority date generally travels with the worker: an approved I-140 generally lets the date be retained for a later qualifying I-140 petition, including with a new employer, though exceptions apply (for example, an approval revoked for fraud). A separate portability rule lets a worker move to a same-or-similar job once an adjustment application has been pending 180 days. The green card itself, and what it allows, is covered under the broader green card topic, and permanent residents may later pursue U.S. citizenship.
What are the EB-1 through EB-5 categories?
They are the five employment-based green card preferences. EB-1 is for priority workers (extraordinary ability, outstanding researchers, and multinational executives). EB-2 is for advanced-degree professionals and people of exceptional ability. EB-3 is for skilled workers, professionals, and other workers. EB-4 is for certain special immigrants, and EB-5 is for immigrant investors. Each has its own requirements, annual share of visas, and typical wait.
What is PERM labor certification?
PERM is the Department of Labor step that most EB-2 and EB-3 cases must clear before a green card petition can be filed. The employer obtains a prevailing-wage determination, conducts required recruitment, and certifies that no qualified U.S. worker was available for the job. Its purpose is to protect the U.S. labor market, and the date the PERM is filed becomes the worker's priority date. Categories that allow self-petition, such as EB-1A and the EB-2 National Interest Waiver, do not require PERM.
What is the difference between EB-2 and EB-3?
EB-2 is for jobs requiring an advanced degree (or a bachelor's plus progressive experience) and for people of exceptional ability. EB-3 is for professionals with a bachelor's degree, skilled workers, and other workers. Both typically require PERM, but they occupy separate visa lines, so the choice of category can add or remove years of waiting, especially for applicants from oversubscribed countries.
What is an EB-2 National Interest Waiver?
The National Interest Waiver is a route within EB-2 that lets a person whose work is of national importance petition for a green card without an employer sponsor and without PERM. It is decided under a three-part test: the work has substantial merit and national importance, the person is well positioned to advance it, and it would benefit the United States to waive the job-offer and labor-certification requirements. It is attractive because it removes the employer and the labor-market test from the process.
Form I-140, the Immigrant Petition for Alien Worker, is filed with USCIS to classify a worker under an employment-based category and, for employer-sponsored cases, to show the employer can pay the offered wage. An approved I-140 is a classification decision, not the green card itself; the green card comes later through Form I-485 or consular processing once a visa number is available. Premium processing is available for a faster USCIS decision.
How long does an employment-based green card take?
It varies widely by category and country of birth. For a PERM-based EB-2 or EB-3 case, the labor-certification stage alone has recently run well over a year, followed by I-140 adjudication and then the wait for a visa number. Applicants from countries with little backlog may finish in one to a few years; those born in India or China can wait many years for a number to become available under the Visa Bulletin.
Sources we track: USCIS, DHS, EOIR, the Federal Register, and federal courts.