Employment-based green card: an overview

Step 1 — Learn the five categories: EB-1 to EB-5

USCIS says about 140,000 immigrant visas are available each fiscal year for people (and their spouses and children) who immigrate based on their job skills. They are split among five “preference categories” (USCIS — Permanent Workers):

• EB-1 (first preference): people with extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; and certain multinational executives and managers (USCIS — Permanent Workers).
• EB-2 (second preference): members of the professions with an advanced degree or its equivalent, and people with exceptional ability in the sciences, arts or business (USCIS — EB-2).
  • National Interest Waiver (NIW): an EB-2 petition can ask USCIS to waive the job offer, and with it the labor certification, because this is in the national interest of the United States. USCIS explains the three factors it considers on its EB-2 page (USCIS — EB-2).
• EB-3 (third preference): skilled workers (jobs that need at least 2 years of training or experience), professionals (jobs that need at least a bachelor’s degree) and “other workers” (jobs that need less than 2 years). All three need a permanent, full-time job offer from a U.S. employer and, except for Schedule A jobs (see Step 2), a labor certification (USCIS — EB-3).
• EB-4 (fourth preference): “special immigrants.” Examples include certain religious workers, Special Immigrant Juveniles, certain broadcasters and certain U.S. government employees abroad (USCIS — EB-4).
• EB-5 (fifth preference): investors who make the required investment in a U.S. commercial enterprise and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers (USCIS — EB-5). The amounts and rules are on that page.

A newer program (2025). A 2025 executive order created a “Gold Card” program. It has its own USCIS petition, Form I-140G, which you can file only online, and only after you register on trumpcard.gov and your submission is accepted (USCIS — I-140G, updated October 9, 2026). The program’s official site says a successful applicant gets permanent residence “as an EB-1 or EB-2 visa holder” (Trump Gold Card). It involves very large payments, so get licensed legal help before you pay anything.

Looking for temporary work visas (H-1B, L-1, O-1 and others)? See work visa types. For green cards in general, see green card basics.

Step 2 — Labor certification (PERM), when it’s required

For EB-2 and EB-3, the U.S. employer must generally get a labor certification from the U.S. Department of Labor (DOL) before it files the immigrant petition (USCIS — Permanent Workers). DOL calls this program PERM (DOL).

• What it proves: DOL must certify that there are not enough U.S. workers who are able, willing, qualified and available for the job in that area. It must also certify that hiring a foreign worker won’t hurt the wages and working conditions of similar U.S. workers (DOL).
• Who files: the employer, not the worker (DOL). It files Form ETA-9089, online, through DOL’s FLAG system (USCIS — Permanent Workers).
• When it isn’t needed: EB-1, EB-4 and EB-5 don’t need an individual labor certification. For EB-2 and EB-3, the exceptions are the “Schedule A” occupations (for example, professional nurses and physical therapists) and, for EB-2 only, the National Interest Waiver (USCIS — Permanent Workers).
• Two dates to know: the date DOL receives the application becomes your priority date. After DOL certifies it, the certification is valid for 180 days, and it must reach USCIS within that time (DOL).

A change after a 2025 executive order: for jobs that require driving a commercial motor vehicle, DOL guidance says employers must include an English language proficiency standard in the labor certification (USCIS — Permanent Workers, page updated August 20, 2026).

Step 3 — The immigrant petition: Form I-140

For EB-1, EB-2 and EB-3, the petition is Form I-140, Immigrant Petition for Alien Workers. Usually the employer files it. People with extraordinary ability (EB-1) and NIW applicants (EB-2) may file it for themselves (USCIS — EB-1; USCIS — EB-2). Many EB-4 categories use Form I-360 instead (USCIS — EB-4), and EB-5 investors use Form I-526 (USCIS — Visa Availability and Priority Dates).

USCIS takes Form I-140 by mail or online. It rejects a petition that contains an expired labor certification (USCIS — I-140).

Step 4 — Your priority date and the Visa Bulletin

Employment-based visas are limited by law, also per country (usually your country of birth). When more people apply than there are visas, a waiting line forms (USCIS — Visa Availability and Priority Dates).

• Your priority date is your place in that line. With a labor certification, it’s the date DOL accepted that application. Without one, it’s the date USCIS accepted the petition (I-140, I-360 or I-526). You’ll find it on the Form I-797 notice for the petition (USCIS — Visa Availability and Priority Dates).
• The Visa Bulletin is published every month by the U.S. Department of State. It has two charts, “Final Action Dates” and “Dates for Filing.” A visa is available when your priority date is earlier than the cut-off date for your category and country. “C” means current. “U” means unavailable for now. Dates can also move backward; this is called “retrogression” (USCIS — Visa Availability and Priority Dates).
• Where to read it: on the State Department’s Visa Bulletin page, where dates are written day-month-year (State Department — Visa Bulletin). If you are in the U.S., check each month which of the two charts USCIS says you must use (USCIS — Filing Charts).

Step 5 — Apply in the U.S. (I-485) or from abroad

Inside the U.S.: adjustment of status. You apply with Form I-485 (USCIS — Adjustment of Status). In general, you can’t file it until an immigrant visa is immediately available in your category (USCIS — I-485). When a visa is available, you can file the I-485 together with the I-140 (“concurrently”), while the I-140 is pending, or after it’s approved (USCIS — Employment-Based Green Card). USCIS also lists “bars to adjustment” that can make some people ineligible (USCIS — Employment-Based Green Card). Whether one applies to you is a question for licensed legal help.

Two 2026 changes:

• On September 18, 2026, USCIS published a new edition of Form I-485 (09/18/26). It only accepts that edition for applications postmarked or submitted online on or after that date (USCIS — I-485).
• On October 7, 2026, USCIS changed where to mail Form I-485 (USCIS — I-485).

Outside the U.S.: consular processing. After the petition is approved, USCIS sends it to the State Department’s National Visa Center (NVC). It stays there until a visa number is available. The NVC collects fees and documents, and a consulate schedules your interview (USCIS — Consular Processing).

Step 6 — Your spouse and children

Your spouse and unmarried children under 21 may be able to get green cards based on your case. USCIS calls them derivative applicants (USCIS — Employment-Based Green Card). In EB-4, only some classifications allow this (USCIS — EB-4).

• In the U.S.: each family member files their own Form I-485. They can file with yours, while yours is pending, or later, under conditions USCIS lists (USCIS — Employment-Based Green Card).
• Abroad: tell the NVC if a child turns 21 or your marital status changes. These changes may affect eligibility (USCIS — Consular Processing).

Spouses on H-4, L-2 or other dependent visas: see our guide for spouses of visa holders.

Step 7 — While you wait: job, travel and address

• Your job. In general, the job in the I-140 must still exist, and you must plan to take it, when USCIS decides your I-485 (USCIS — Employment-Based Green Card). “Job portability” rules exist, from a 2000 law known as AC21. USCIS explains them on its AC21 page, and the form is I-485 Supplement J. Before you change jobs, ask licensed legal help.
• Work and travel. With a pending I-485, you can generally apply for a work permit (Form I-765) and for advance parole, a travel document (Form I-131). If you leave the U.S. without advance parole, you will generally have abandoned your application (USCIS — Employment-Based Green Card). See our work permit (EAD) guide.
• Your address. Tell USCIS within 10 days of moving (USCIS — Adjustment of Status). Here’s how to change your address.
• Processing times. USCIS publishes them on its Check Case Processing Times page, and DOL on its PERM Processing Times page (DOL).

Once approved, see your first 90 days as a green card holder, and later the path to citizenship.