Breaking Down the Five Preference Categories of Employment-Based Green Cards

For people around the world — whether professionals, investors, or workers — a U.S. green card can mean long-term stability and new opportunities. One of the main ways to achieve permanent residence is through an employment-based visa.

U.S. immigration law provides five preference categories, known as EB-1 through EB-5, that allow qualified individuals to apply for a green card based on their skills, achievements, or investments.

In the sections below, you’ll find an overview of each employment-based green card category — who may qualify, what the process looks like, and how each option can connect to different career paths.

EB-1: Priority Workers

The EB-1 visa category is reserved for individuals who can demonstrate exceptional qualifications or who hold key positions in their fields. EB-1 applicants benefit from shorter processing times compared to other categories, as this category often avoids lengthy visa backlogs.

There are three main subgroups within EB-1:

• Individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants must show national or international recognition, such as published work, awards, or a high level of achievement in their field. Importantly, individuals in this subgroup may self-petition and do not need a U.S. employer to sponsor them.

• Outstanding professors and researchers. To qualify, applicants need international recognition in a specific academic area and at least three years of teaching or research experience. A permanent job offer from a U.S. university or research institution is required.

• Multinational managers and executives. This subgroup is for professionals who have worked for a qualifying multinational company abroad for at least one year within the past three years and are coming to the U.S. to continue in a managerial or executive role.

EB-1 is a strong option for those at the top of their fields who can clearly document their expertise and accomplishments.

EB-2: Professionals With Advanced Degrees or Exceptional Ability

The EB-2 category is designed for individuals with high-level education or skills. Most EB-2 applicants need a job offer from a U.S. employer. They must go through the labor certification process to demonstrate that no qualified U.S. workers are available for the position.

There are two primary paths under EB-2:

• Advanced degree professionals. Applicants must hold a master’s degree or higher (or a bachelor’s degree plus at least five years of progressive work experience).

• Individuals with exceptional ability. Applicants must show a degree of expertise significantly above that normally found in the sciences, arts, or business.

A major advantage of EB-2 is the National Interest Waiver (NIW). With an NIW, applicants may request that the job offer and labor certification requirements be waived if their work is in the national interest of the United States. This is particularly useful for researchers, entrepreneurs, and others whose work provides substantial benefits to the country.

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

The EB-3 visa offers opportunities to a broader range of applicants compared to the EB-1 and EB-2. This category often has longer wait times due to high demand.

The EB-3 category includes three groups:

• Skilled workers. Individuals whose jobs require at least two years of training or work experience.

• Professionals. Individuals whose jobs require a U.S. bachelor’s degree (or foreign equivalent).

• Other workers (unskilled labor). Individuals performing jobs that require less than two years of training or experience.

Unlike EB-1 extraordinary ability applicants, EB-3 candidates always need an employer sponsor and must go through the permanent labor certification (PERM) process. Despite these requirements, the EB-3 visa is a valuable path for workers whose skills are in high demand in the U.S. labor market.

EB-4: Special Immigrants

The EB-4 category covers a variety of individuals who do not fit into traditional employment-based categories but who are nonetheless eligible for permanent residence due to their unique circumstances.

Common examples of EB-4 applicants include:

• Religious workers (such as ministers and certain other religious professionals).

• Certain broadcasters employed by the U.S. Agency for Global Media (USAGM).

• Special Immigrant Juveniles (children who have been abused, abandoned, or neglected).

• Certain employees of U.S. foreign service posts or international organizations.

• Retired officers or employees of specific international organizations, and their families.

Because EB-4 is a broad category, eligibility requirements vary depending on the subgroup. The unifying factor is that applicants must fall within one of the specific designations outlined by U.S. immigration law.

EB-5: Immigrant Investors

The EB-5 immigrant investor program is designed to stimulate the U.S. economy through job creation and capital investment by foreign investors.

To qualify, applicants must:

• Invest a minimum of $1,050,000 in a new commercial enterprise (or $800,000 in a targeted employment area, such as a rural or high-unemployment region).

• Create or preserve at least 10 permanent, full-time jobs for U.S. workers.

EB-5 applications are highly detailed and fact-specific. Investors must provide thorough documentation of the source of their funds, the structure of their investment, and the projected job creation. While complex, this category offers a direct path to permanent residence for those who can meet the investment and job creation requirements.

The Application Process: What to Expect

While eligibility varies across EB categories, most applicants will follow a similar two-step process:

• Employer petition or self-petition (Form I-140). An employer typically files Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign national. In EB-1 extraordinary ability and EB-2 NIW cases, individuals may self-petition.

• Adjustment of status or consular processing. Once the petition is approved and a visa number is available, applicants can either file for adjustment of status (if already in the U.S.) or apply for an immigrant visa through a U.S. consulate abroad.

The timing of each case depends on visa availability, which is influenced by annual limits, demand, and the applicant’s country of birth.

Choosing the Right Category for Your Career Path

The best employment-based green card category depends on your education, skills, career achievements, and investment capacity. For example:

• An Olympic athlete or award-winning scientist might pursue EB-1.

• A professional with a master’s degree in engineering could qualify under EB-2, with the possibility of an NIW.

• A nurse or teacher with a bachelor’s degree may be a candidate for EB-3.

• A minister or religious worker could qualify under EB-4.

• An entrepreneur willing to invest substantial funds in a U.S. business might choose EB-5.

Evaluating your qualifications carefully is essential to identifying the right path forward.

How an Immigration Attorney Can Help With Employment-Based Green Cards

Securing an employment-based green card is a complex and often lengthy process. Each category has its own eligibility rules, documentation requirements, and potential challenges. Having an experienced immigration attorney on your side can make all the difference.

At Gendelberg Law, PLLC, we guide clients through every stage of the process — from choosing the right category to preparing petitions, responding to requests for evidence, and navigating visa backlogs. Whether you are an extraordinary researcher, a skilled professional, a religious worker, or an investor, we are committed to helping you achieve your immigration goals.

We’re here to make the immigration process feel less overwhelming. Whether you’re building a career, reuniting with loved ones, or planning a new chapter in the U.S., we’ll walk with you every step of the way.  Contact us today.