The United States attracts millions of skilled workers, entrepreneurs, and professionals who want to build a career in one of the world’s largest economies. For many, the path to living and working permanently in the U.S. begins with employment-based immigration. This process can involve temporary work visas or permanent residency through employment-based Green Cards.
Temporary Work Visas
Many foreign nationals first enter the U.S. on a temporary work visa before applying for a Green Card. The most common categories include:
-
H-1B Visa – For highly skilled workers in specialized fields such as technology, engineering, and medicine.
-
L-1 Visa – For employees of international companies transferring to U.S. branches.
-
O-1 Visa – For individuals with extraordinary ability in sciences, arts, sports, or business.
-
TN Visa – For Canadian and Mexican professionals under NAFTA/USMCA agreements.
These visas often serve as stepping stones toward permanent residency.
Employment-Based Green Card Categories
Employment-based Green Cards are divided into preference categories:
-
EB-1 (First Preference)
-
Priority workers such as outstanding professors, researchers, multinational executives, and individuals with extraordinary ability.
-
-
EB-2 (Second Preference)
-
Professionals with advanced degrees or individuals with exceptional ability in arts, sciences, or business.
-
National Interest Waiver (NIW) allows self-petition if the applicant’s work benefits the U.S. significantly.
-
-
EB-3 (Third Preference)
-
Skilled workers, professionals, and other workers with at least two years of experience or relevant qualifications.
-
-
EB-4 (Fourth Preference)
-
Special immigrants, including religious workers, U.S. government employees abroad, and certain international organization staff.
-
-
EB-5 (Fifth Preference – Investor Visa)
-
Foreign investors who invest at least $800,000 to $1,050,000 in a U.S. business that creates at least 10 jobs for U.S. workers.
-
The Role of PERM Labor Certification
For most employment-based categories (EB-2 and EB-3), employers must complete the PERM labor certification process:
-
The employer proves there are no qualified U.S. workers available for the position.
-
The Department of Labor certifies the job and salary as fair and consistent with U.S. labor standards.
This step ensures that hiring a foreign worker does not negatively impact the American job market.
Application Process
-
Employer files a petition with USCIS (Form I-140).
-
Once approved, applicants wait for a visa number based on the Visa Bulletin.
-
Eligible applicants file for Adjustment of Status (Form I-485) or go through Consular Processing.
-
Biometrics and background checks are conducted.
-
Final interview and approval result in Green Card issuance.
Why Work with an Immigration Attorney?
Employment-based immigration involves complex paperwork, strict deadlines, and legal requirements. Mistakes can lead to delays or denials. An experienced immigration attorney can:
-
Ensure forms are completed correctly.
-
Guide employers through the PERM process.
-
Help professionals choose the best Green Card category.
-
Represent clients in case of complications or denials.
Employment-based immigration offers talented individuals a path to live and work permanently in the U.S. From skilled professionals to global investors, the system is designed to attract those who can contribute to the country’s economy and innovation. With proper guidance and legal support, applicants can successfully navigate this challenging but rewarding journey.