Employment Based Immigration

Employment-Based Immigrant Visas for Work in the USA

Each year, U.S. immigration laws provide about 140,000 employment-based immigrant visas. The U.S. grants these visas to foreign nationals, including skilled workers, entrepreneurs, and professionals with specific expertise, to contribute to the economy. 

Are you looking to work in the United States for a specific period of time? Explore the temporary non-immigrant visa category.

Anyone provided a green card has permission to work in the United States. However, it’s important to note that there are distinct green cards for employment based visas. Consequently, the nature of your job determines your eligibility to apply for this category.

Usually, employment-based green cards require an employer to be a sponsor.

Obtaining approval for employment-based visas requires a compelling case. To have a fair and easy immigration process for employment, it’s important to get help from expert employment based visa attorneys.

At Aguado Immigration Firm, our immigration lawyers are here to assist you every step of the way. From handling the require documents to offering ongoing support, we will increase your chances of a successful outcome

5 Types of EB Green Cards

For Entering the United States

Are you an overseas employee aspiring to settle permanently in the United States and acquire U.S. citizenship? EB Green Cards are your golden ticket to achieving the dream of becoming a permanent worker

These visas open doors to a world of opportunities, each tailored to your distinct abilities and work experience. These are the 5 types of visas:

EB 1 Visa: The First Preference Category

This category includes people with extraordinary abilities in science, art, education, business, or sports, as well as exceptional professors, researchers, and multinational executives and managers. Under specific qualifications, individuals can self-sponsor in this category. This means they do not require sponsorship from an employer to apply for an EB1 Green Card. In addition, the EB-1 is in high demand due to its current priority dates.

EB 2 Visa: Second Preference Category

This category is for professionals holding an advanced degree or with exceptional training and abilities. Commonly, EB-2 Visas require an authorized PERM Labor Certification, from the Department Of Labor (DOL). An alternative option might be the EB-2 NIW Green Card, where the individual must prove that they are worthy of a National Interest Waiver (NIW) consideration.

The EB-2 NIW is a path to obtain lawful permanent residence status and could serve as a viable option for entrepreneurs.

EB 3 Visa: Third Preference Category

This category is for professionals or other jobs that the U.S. Department of Labor asserts don’t have enough American workers. This includes subcategories for skilled workers, professionals, and unskilled workers. For additional information, refer to the chart below. If a job is in this category, the labor certification process is pre-approved.

EB 4 Visa: Fourth Preference Category

It mainly focuses on religious workers but is also available to other special immigrants, including employees and former U.S. government workers abroad.

EB 5 Visa: Fifth Preference Category

This option is for business investors. They must invest $1.8 million or $900,000 in a targeted employment area.

You must make the investment in a new business. The new business must hire at least 10 full-time American workers. You can learn more about this investment-visa here.

Close family members of those with EB visas can also apply for a Green Card as a derivative applicant.

Stay up to date with the latest Immigration News Employment Based Green Cards for valuable insights and information.

Labor Certification

As mentioned earlier, most visa types require a job offer from a U.S. employer who will act as your sponsor. To file an immigration petition, a U.S. employer may need to obtain labor certification from the U.S. Department of Labor (DOL). This requirement applies to certain visa types. The DOL labor certification confirms the following:

  • There is a shortage of available, qualified, and willing U.S. workers to occupy the job at the prevailing wage
  • The employment of a foreign worker will not negatively impact the wages and working conditions of U.S. workers in similar positions

Is your company interested in sponsoring a foreign employee and seeking expert legal counsel to navigate the PERM process seamlessly? Our specialized employment based immigration lawyers are here to provide clear, concise guidance and streamline the application process for you.

Schedule a consultation with us today! Or Call Us to receive more information (305) 444-8886

EB Visa Application Process

Securing a Green Card involves two distinct paths depending on your location:

For those applying outside the USA:

When you are still residing in a foreign country, the process typically involves consular processing, which includes these steps:

  1. You or your U.S. employer initiate the immigrant petition, depending on your specific case.
  2. After receiving notification from the National Visa Center (NVC), you pay the necessary fees, provide any additional evidence if required, and await a decision from USCIS.
  3. You attend an interview appointment at the U.S. embassy or consulate and undergo a medical examination.
  4. Upon approval, you are granted a visa, and subsequently, you receive your Green Card.

For those applying within the USA:

For most EB Green Card categories, you must get approval for an immigration petition before you can apply for permanent residency or make changes to your immigration status. The process is the following:

  1. You or your U.S. employer initiate the immigrant petition, depending on your case.
  2. You submit Form I-485, Application to Register Permanent Residence or Adjust Status.
  3. You attend your scheduled Application Support Center appointment, and if applicable, participate in an interview or provide additional evidence.
  4. Following a decision, you receive your Green Card.


It’s important to mention that the process for employment-based Green Cards can differ based on your specific category. Ensuring effectiveness while avoiding mistakes is often best achieved by receiving professional assistance from an employment based immigration attorney.

I-140 Processing Time 2023

The I-140 petition is a crucial step in your immigration process. It verifies job requirements and the employer’s ability to pay the offered wage for EB Green Card applicants.

Processing times for the I-140 typically take around six months, but this can vary by the service center. Keep in mind that wait times are estimates.

If you’re looking for a faster processing option, USCIS offers premium processing for Form I-140. This speeds up the timeline to just 15 calendar days, but it does come with an additional fee of $1,225.

Get in touch with and employment based green card attorney near you

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