U.S. Citizenship Through Employment: How Does It Work?

When you get a job offer from a U.S.-based company, you might like to think that you have overcome the largest obstacle in your way to starting to live the American dream. Receiving an employer-sponsored Green Card shouldn’t be too difficult, right? Unfortunately, getting a Green Card through a job offer is a long and expensive process with a high risk of rejection. How can you make sure you are making the right choice and ensure that the employment-based green card process goes as smoothly as possible?

Is an employment-based Green Card the right choice for you?

While employment-based Green Cards come with numerous advantages, applying for them is much more costly and time-consuming compared to work permits or marriage-based Green Cards. After all, the U.S. government and USCIS are trying to make sure that U.S. companies do not opt for cheaper foreign labor while there are other eligible Americans. Basically, if your future employer is going to sponsor your Green Card application, they need to prove that they could not find any eligible U.S.-based candidates after making a reasonable effort to look for one. They do this by getting a Labor Certificate from the U.S. Department of Labor. Labor Certificate application is an expensive and tricky process that is usually done by attorneys. That is why U.S.-based companies tend to be reluctant to hire foreign workers. However, if you can find an employer willing to sponsor you, employment-based Green Cards come with a lot of advantages:

Pros:

• Long-term residency and work permit: Employment-based Green Cards are valid for 10 years. Compared to work permits and 2-year conditional Green Cards, they are an excellent option that makes you feel more secure about your future in the U.S.
• Green Cards for your spouse and children: When your employer-sponsored Green Card is approved, your spouse and unmarried children under 21 also qualify for receiving a Green Card.
• Eligibility to naturalize after 5 years: After you receive your Green Card and live in the U.S. for 5 years, you are eligible to become a U.S. citizen—which means you won’t ever have to deal with USCIS or immigration paperwork again.

Cons:

• Difficulty of finding a sponsor: Hiring overseas candidates is costly. So, it may be difficult to find employers willing to sponsor you for an employment-based Green Card.
• Strict restrictions and quotas: No matter how much an employer wants to hire you and no matter how great a candidate you are, you may not get approved for a Green Card due to USCIS’s strict restrictions and quotas for each Green Card application category. You may spend years waiting for an approval, and there is no guarantee of ever getting one.
• Long wait times: If you are lucky, you can receive a Green Card in less than a year, but it can also take multiple years. If you want to start working with a U.S.-based company right away, it can make more sense to apply for a work permit and residency permit now, and apply for an adjustment of status later.
• High costs: Receiving a Green Card through a job offer is usually more expensive compared to receiving it through marriage or the Green Card lottery. If you have other options, it can be cheaper to apply for a Green Card through other means.

Still not sure? We have compiled a list of additional questions to help you decide whether you should apply for an employment-based Green Card:

How long does it take to receive your Green Card?

The wait times for employment-based Green Cards vary a lot depending on your application category. It usually takes 1 to 6 years.

How long is an employment-based Green Card valid?

It depends on the type of employment-based Green Card you are applying for. When you apply for an investor visa (EB-5), you receive a “conditional” Green Card that is valid for 2 years. Employer-sponsored Green Cards, on the other hand, are unconditional and valid for 10 years.

How much does an employment-based Green Card cost?

The total cost of employer-sponsored Green Card processing can range from ~$2,400 to ~$9,000 USD depending on several factors, such as your Green Card application category and your immigration status. For example, if you are applying for an EB-2 or an EB-3 Green Card, your prospective employer would need to apply for a labor certification, which can cost up to $4,000. If you are an investor looking to get a Green Card, you can also apply for an investment-based Green Card, EB-5. While you don’t need to apply for a Labor Certification or receive a job offer, the EB-5 Green Card requires you to invest $1,800,000 in a US business.

How many people receive an employment-based Green Card each year?

While it may seem very difficult to get a Green Card through employment, it is the second most common method of obtaining permanent resident status in the US. In 2021, the number of people receiving a Green Card through a job offer was 193,338 while the number of people receiving a Green Card through the Diversity Visa Program (aka the Green Card lottery) was only 15,145.

What is the employment-based Green Card quota for 2023?

The total yearly quota for employer-sponsored Green Cards is 140,000; however, this quota usually increases due to unused visas from the previous fiscal year. According to the U.S. Department of State’s prediction, the employment-based Green Card quota for 2023 will be 197,000. Below, you can find the yearly employment-based Green Card quota for each category:

Employment-based Green Card process

There are five employment-based Green Card categories, and each has different application processes and costs. For example, EB-2 and EB-3 require employer sponsorship, while you would need to apply for EB-1 and EB-5 by yourself. EB-4 Green Cards, on the other hand, are given in very specific circumstances, and the application process changes on a case-by-case basis. If you are planning to immigrate to the U.S. through a job offer, you will most likely need an EB-2 or an EB-3 Green Card. The EB-2 visa is for advanced degrees or exceptional ability, and the EB-3 visa is for skilled workers or professionals. Let’s look at how employer-sponsored Green Card applications look like for these categories:

How to apply for an employer-sponsored Green Card

Labor certification

The first step of sponsoring a foreign employee is getting a Labor Certification (ETA Form 9089) from the U.S. Department of Labor. With a Labor Certificate, your future employer confirms that a) there aren’t any available U.S. citizens for this role and b) the wages and working conditions of U.S. citizens won’t be impacted by this hiring process. You can find more information and the application links on the U.S. Department of Labor’s website.

Immigrant petition

After your employer receives a PERM Labor Certification from the U.S. Department of Labor, they can file a petition for employment-based immigration on USCIS’s website. The filing process changes depending on whether you currently live in the U.S. or not. In either case, your employer needs to file Form I-140, Immigrant Petition for Alien Workers. If this petition is approved, you will receive a “priority date,” which will show your number in the waiting list. You will need to wait until your priority date becomes current in order to continue with your employment-based Green Card application. You can find the list of current priority dates in the U.S. Department of State’s monthly visa bulletin. When your priority date becomes current, you can either go through consular processing or file a petition for adjustment of status.

Consular processing for non-U.S. residents

If you are not currently living in the United States, the National Visa Center processes your case. After paying relevant fees, you are asked to submit documents (such as application forms and civil documents) and provide necessary evidence. Then, you schedule an interview appointment with a consular officer. If your application is approved, your visa is granted, and you can receive a Green Card.

Adjustment of status for U.S. residents

If you are a legal U.S. resident, you need to file a petition with the U.S. Citizenship and Immigration Services to adjust your status. This petition is called Form I-485, Application to Register Permanent Residence or Adjust Status. You can learn more about USCIS Form I-485 in our latest blog post. After filing this form, you need to go to a local Application Support Center for your biometric services appointment and provide your fingerprints, photograph, and signature. Depending on your case, you might be asked to schedule an interview or deliver additional evidence. When USCIS makes a decision, you will receive a written notice. You can also check your case status on USCIS’s website.

Employment-based Green Card categories

One of the most important things to note about this Green Card system is that the first three categories are in hierarchical order. That’s why the first three categories are also called first preference (EB-1), second preference (EB-2), and third preference (EB-3). USCIS tries to fill its EB-1 quotas first and then allocates the remaining quotas to less-preferred Green Card categories (EB-2 and EB-3). Compared to EB-2, the requirements for EB-2 are very high. On the other hand, the requirements for EB-1 and for being considered to have extraordinary abilities are almost impossibly high. Now, let’s take a deep dive into employment-based Green Card categories and their application processes.

EB-1 (First preference)

EB-1A Extraordinary Ability

If you are exceptionally talented in your field, it can be relatively easy for you to receive a Green Card. However, the requirements are very high. You either need to have an internationally recognized major award like the Pulitzer or an Olympic Medal, or meet 3 of UCCIS’s criteria for demonstrating extraordinary ability:

• Receiving nationally or internationally recognized awards
• Being a member of associations that require extraordinary achievements in your field
• Being published in major publications
• Having been asked to judge the work of others
• Having made contributions of major significance to your field
• Having written scholarly articles for major publications or other major media
• Having your work displayed in exhibitions
• Having played a critical role in distinguished organizations
• Having a high salary compared to other people in your field
• Commercial success Luckily, with high requirements come big advantages. First of all, you are the first in line when it comes to receiving a Green Card. So, you can get approved in a much shorter time frame. Secondly, you do not need to be sponsored by a U.S.-based employer to qualify for EB-1A, and you can apply for a Green Card on your own. You do not need a Labor Certification either—which means your application will cost less and take less time.

Quick summary:

Who can qualify for EB-1A: Scientists, artists, athletes, or professionals with extraordinary ability

Who applies: You

Necessary USCIS forms: I-140, I-485

Do you need a Labor Certification: No

EB-1B Outstanding Professors and Researchers

Like people with exceptional ability, renowned professors and researchers can also have an easier time applying for a Green Card. Unlike EB-1A, however, EB-1B requires a job offer at a U.S. university, college, or private research firm. Moreover, you need to have at least 3 years of experience researching or teaching in your academic field. You also must meet two of the six criteria USCIS lists on their website:

• Having received major awards or prizes
• Being a member of associations that require outstanding achievement from their members
• Published material written by others about the applicant’s work in the academic field
• Having judged the work of others in relevant fields
• Original scientific contributions in the field
• Having written books and articles in the field As EB-1B is an employer-sponsored Green Card option, your future employer needs to complete the application on your behalf.

Quick summary:

Who can qualify for EB-1B: Professors and researchers

Who applies: Your employer

Necessary USCIS forms: I-140, I-485

Do you need a Labor Certification: No

EB-1C Certain multinational manager or executive

If you are working at a multinational company, and have an offer for an executive position in their U.S. offices, you can also benefit from the EB-1 visa. Of course, there are some requirements that you need to fulfill:

• You need to have been employed for at least 1 year by the petitioning employer
• The petitioner (your future employer) must have been doing business in the United States for 1 year
• The petitioner should have a qualifying relationship with your previous company
• You need to have a job offer for a managerial or executive position

Quick summary:

Who can qualify for EB-1B: Managers and executives

Who applies: Your employer

Necessary USCIS forms: I-140, I-485

Do you need a Labor Certification: No

EB-2 (Second preference)

There are two types of EB-2 visa: Advanced Degree and Exceptional Ability. Both are employer-sponsored options, and both require a Labor Certification.

EB-2A Advanced Degree

The list of requirements for EB-2A visas is much shorter than first preference visa types. If you have a job offer that requires an advanced degree (U.S. bachelor’s diploma or equivalent) and have at least 5 years of experience working in your field, you can apply for a second preference EB-2 visa. However, if a doctoral degree is usually required for your position, you might also be asked to submit evidence of a doctorate.

Quick summary:

Who can qualify for EB-2: Professionals with an advanced degree

Who applies: Your employer

Necessary USCIS forms: I-140, I-485

Do you need a Labor Certification: Yes

EB-2B Exceptional Ability

To be eligible for receiving a second preference visa through exceptional ability, you would need to have significantly high expertise in the sciences, arts, or business. There are also some additional criteria listed on USCIS’s website:

• Official record proving that you have a relevant certificate, diploma, or a similar document from an institution of learning
• Statements from employers showing at least ten years of full-time experience
• A license or certification that allows you to practice your profession
• Evidence of receiving a salary or other type of compensation for your service
• Being a member of relevant professional associations
• Being recognized for significant contributions to your field by organizations or peers You need to fulfill 3 of these criteria to be eligible for EB-2. USCIS also accepts other comparable evidence of eligibility.

Quick summary:

Who can qualify for EB-2: Scientists, artists, or business professionals with exceptional ability

Who applies: Your employer

Necessary USCIS forms: I-140, I-485

Do you need a Labor Certification: Yes

National Interest Waiver

Even though it is rare, there is a way to receive a second preference visa and a Green Card without Labor Certification or a job offer. If you believe that your contribution would be of national interest to the U.S., you can ask for a national interest waiver and self-petition for an EB-2 visa.

Quick summary:

Who can qualify for EB-2: People who have proposed to make an important contribution to the U.S.

Who applies: You

Necessary USCIS forms: I-140, I-485

Do you need a Labor Certification: No

EB-3 (Third preference)

Beneficiaries of EB-3 visas include most of the non-U.S. workers hoping to receive an employment-based Green Card. This means that competition will be very high, and it may take years to receive your Green Card. However, the biggest hurdle in this process is receiving a job offer because many employers try to avoid employing non-U.S. citizens due to costs and the length of the Green Card application process. If you have already found an employer who wants to sponsor you, applying for an EB-3 visa can become a very long—but not so tedious—waiting game. There are three categories for the third preference employer-based visa: skilled workers, professionals, and other workers.

Skilled Workers

In order to be eligible for this type of visa, you need proof showing that you have at least 2 years of experience or training relevant to the job position that you are offered. Post-secondary education, such as colleges or vocational schools, can also count as training. You should also remember that seasonal or temporary job offers are not eligible for receiving an employer-sponsored Green Card. You need a permanent, full-time job offer, and your employer needs to prove that they could not find a qualified U.S. citizen.

Professionals

If you are looking to receive a Green Card under this category, you need to have a bachelor’s degree or an equivalent and a job offer for a position that normally requires a bachelor’s degree. You are not required to have relevant work experience; however, the requirements stated on the Labor Certification still apply: having a permanent, full-time job offer and offering a service that no U.S. citizen is eligible or willing to provide.

Other Workers

You can still be eligible to receive a Green Card through employment even if you don’t have 2 years of experience or post-secondary education. However, you do need to demonstrate that you are capable of performing the unskilled labor your job position requires. Of course, you also need to have a permanent job offer and meet other Labor Certification requirements.

Quick summary:

Who can qualify for EB-3: Skilled workers, professionals, or unskilled workers (if there aren’t any eligible U.S. workers)

Who applies: Your employer

Necessary USCIS forms: I-140, I-485

Do you need a Labor Certification: Yes

EB-4 (Fourth preference)

Some special immigrants can also be eligible for employment-based Green Cards. Due to strict requirements and relatively low immigration quotas (only 10,000), fourth preference visas aren't very common, but they can be life-changing for eligible people. Eligible non-U.S. citizens include:

• Media professionals or broadcasters (reporters, writers, translators, editors, etc.)
• Religious workers
• Certain U.S. residents under the age of 21 (abused or neglected juveniles)
• U.S. Army members
• Iraqi or Afghan translators and interpreters, or certain Iraqi or Afghan nationals who have worked for the U.S. government
• Certain physicians Some special immigrant categories require your future employer to file a petition (e.g., certain physicians), while others allow for self-petition (e.g., special immigrant juveniles and Iraqi translators). You can find more information about special immigrant categories and filing requirements in the relevant USCIS document.

Quick summary:

Who can qualify for EB-4: Special immigrants, including religious workers, media professionals, and Afghan or Iraqi translators who have served the U.S. government

Who applies: It depends

Necessary USCIS forms: I-360

Do you need a Labor Certification: No

EB-5 Immigrant Investor Program

There is also a quick but expensive path to receiving a Green Card for non-U.S. citizens who want to invest in a U.S. business and create jobs for U.S. citizens. Here are the requirements:

• Making a $1.8 million investment in a U.S. enterprise OR making a $900,000 investment in a business that is located in certain targeted employment areas (rural areas or areas with high employment)
• Creating or preserving at least 10 permanent full-time jobs for U.S. citizens
• The U.S. business you are investing in should be a for-profit enterprise

Quick summary:

Who can qualify for EB-5: Foreigners who are investing at least $1.8 million (or $900,000 in an area with high unemployment or a rural area)

Who applies: You

Necessary USCIS forms: I-526, I-485

Do you need a Labor Certification: Yes

Learn more about the Green Card application

Do you have more questions about the Green Card application process? We suggest reading these blog posts to find answers to all your burning questions about USCIS and immigration:

New USCIS Filing Fees for 2023: USCIS has proposed a fee increase for many of its services. In this blog post, you can find a detailed breakdown of the new costs of employment-based Green Card applications and other USCIS services.

Certified Translations for USCIS - Everything You Need to Know: No matter what your HB visa category is, you will need to submit a large amount of official papers and supporting documents during the application process. If you are not from an English-speaking country, this means having to translate all of these documents to English and submitting a translation certificate for each translation. Sounds confusing? This blog post can provide you with all the essential information about certified translation and USCIS.

All You Need To Know About Diploma Translation: Many employment-based visa categories require you to have a post-secondary degree like a bachelor’s or a master’s degree. If you need certified diploma translation services for your visa application, you can check out this blog post to find answers to all your questions.

10 Reasons Why MotaWord is the Best Translation Solution for Immigration Lawyers: Do you need some help choosing a translation agency to help you with your Green Card application? In this blog post, you can learn why many immigration lawyers choose MotaWord as a translation service partner.