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A US green card allows immigrants to gain permanent residency in the United States, either through a family-based or employment-based sponsorship.
The process of international relocation is difficult enough — not to mention that within each path to a green card, the process of getting it can be quite complex — so we’ve put together this guide to explain all of the various terms and steps you need to know to successfully apply for your green card! Here, we will describe the different categories within the employment-based path to see which one applies most to you.
We’ll go more in-depth about the application process below.
Read on to learn more, or check out our video Green Card Process Time for EB1, EB2, and EB3 – Employment-Based Green Cards!
Table of Contents
Note that the employment-based green card process steps can only be started and driven by your employer, meaning you cannot self-sponsor it. As you probably already know, there are other ways to obtain a green card, such as the green card lottery. However, in this article, we focus on Employment-Based Green Card categories and processes.
“EB” stands for “employment-based,” and each number following “EB” notes the preference of each category:
There are also EB-4 and EB-5 categories, yet these do not fall under the preference system of the first three employment-based categories.
These are the different employment categories that one can gain a green card sponsorship from.
EB-1 visas (first preference category) apply to individuals who have extraordinary abilities, are outstanding researchers or professors, or show evidence of some “sustained national or international acclaim.” One example of this would be a Nobel Peace Prize winner or an executive or manager of foreign companies.
Only a few applicants fall under this qualification, but if this category applies to you, then you’re in luck! Individuals under EB-1 eligibility typically experience the quickest application process for a green card.
This category is for those who have advanced degrees, exceptional ability in the sciences, arts, or business, or a National Interest Waiver.
Advanced degrees are considered to be a U.S. master’s degree or higher (or the foreign equivalent), or a U.S. bachelor’s degree plus an additional 5 years of experience within the specialty.
Exceptional ability in the sciences, arts, or business means “a degree of expertise significantly above that ordinarily encountered” within those fields. This is based on a number of criteria, of which you must meet at least three.
A National Interest Waiver (NIW) is for those who request that the PERM/Labor Certification (stage 1 of the green card process steps) be waived because it is in the interest of the United States. There is no defined qualification for an NIW, but they are typically granted to those who have exceptional abilities.
Last up, is the third preference category for those who have jobs that don’t apply to the first two categories. For each of these worker categories, the work performed must be one of which there are not enough qualified workers already available in the United States.
In addition to the first three employment-based preference categories, there are two additional preference categories (EB-4 and EB-5).
Typically, the smaller the reference number (excluding EB-4 and EB-5), the easier the experience you will have with attaining your green card. If you qualify for both EB-2 and EB-3 visas, you should consider what country you are applying to determine what category to apply under.
Those who are applying from highly-populated countries, such as from China or India may want to apply for an EB-2 visa over an EB-3 visa due to the shorter wait time. Yet, the approval for an EB-2 visa can be more difficult than obtaining approval for an EB-3 visa.
These are the basic three stages of getting an employment-based green card (EB2 and EB3) in the US:
Now that you know which employment-based category you fall under, these are the actual steps to attaining your green card status. There are three main stages in the process of getting your green card.
PERM stands for “Program for Electronic Review Management” and is the process where your employer shows proof that you (a foreign worker) are not taking away jobs qualified US workers. This green card step can be done by showing proof, such as a newspaper advertisement, that the employer was unsuccessful in recruiting a qualified U.S. worker for the position.
For a more in-depth look at the PERM processing time, see below.
The I-140 Petition serves two purposes,
It is important to note that filing an I-140 petition requires a $700 filing fee for regular processing or $1,225 for premium processing.
The USCIS processing time for an I-140 petition depends on whether your employer chose regular or premium processing. Regular processing can take 6 to 9 months, whereas premium processing only takes up to 15 days. Fortunately, most employers choose premium processing for this stage.
To know the exact processing time for your I-140 Immigration Petition, you can visit the USCIS Processing Time Homepage.
After the PERM/Labor Certification and your I-140 petition have been approved by the USCIS, the last step is completing the actual green card application!
Unfortunately, since there are only a certain number of green cards available per category and per country, this process is often the longest for applicants. There are current applicants who have been waiting for over 10 years for their 1-485 application to be processed by the USCIS.
However, once your I-485 application has been processed and approved, you’re done! You will receive a stamp on your passport and the long-awaited card granting you permanent residence in the United States.
To understand how long your PERM processing will, you must first understand the overall PERM application process. There are three steps to the PERM application:
In this step, your employer will file a prevailing wage requestion to determine your pay/salary, based on where your job is located and the current economic environment.
Processing times for this step can vary from a few weeks to a couple of months, depending on the volume of requests.
During this step, your employer must go through an extensive recruitment process. The employer will post multiple job listings and advertisements and interview any U.S. workers who apply.
This stage of the process will run for a minimum of 60 days (30 days for the job listing to run and 30 additional days for applicants to respond). In reality, this stage is likely to run over the initial 60 days, when you account for interviews and potential follow up interviews.
To complete the PERM process, your employer must complete and file an ETA-9089 form.
When the application is submitted online by your employer, a decision will be sent, typically, within 6 months if the application is not audited, making this the quickest possible option.
As part of the process, the Department of Labor will send a questionnaire follow-up to the employer after the application is submitted. If this questionnaire is not completed within a week, the DOL will attempt phone call verification. The DOL will make three phone call attempts and each missed call delays the process further.
So, if your employer completes all of the PERM-related tasks in a timely manner the timeline might look like this:
In this ideal scenario, the complete PERM Processing can be complete in a little more than 34 weeks or almost 9 months. Bear in mind, though, that this is the ideal scenario and there are many factors that can extend the duration of the process.
For the most part, EB green cards’ processing times will depend on the service center where your petition is processed. The total processing time also depends on the steps in the process that need to be completed. We provide a breakdown below.
The I-140 is your immigration petition. With the I-140 the PERM (Program Electronic Review Management) labor certification job requirements and the employer’s ability to pay the offered wage to the employee, is verified.
All EB green cards require a Form I-140. The processing time of this form usually takes around 6 months, but largely depends on the service center. Most service centers will give you an estimate but remember these are just estimates. The USCIS offers a premium processing service for Form I-140 which brings the processing time down to 15 calendar days. Premium processing comes at a fee of $1,225.
EB1-A is an employment-based, first-preference visa for individuals with exceptional abilities in the fields of science, art, education, business or athletics. When applying, you will have to show how your expertise and skill will benefit the U.S.
EB1-A visas have expedited processing times due to not having to go through the PERM labor certification process.
The processing time for your EB-1B green card will depend largely on the service center where your application is processed. Processing and receiving approval for your “Extraordinary Ability” petition via your I-140 form can sometimes take up to six months since filing with the USCIS. It might be worth considering premium processing.
Premium processing will bring processing time down to 15 calendar days. There is a premium processing fee of $1,225 that will apply.
After your I-140 has been approved, you still need to submit your Form I-485 after you have reached your priority date. The processing of the Form I-485 is also around 6 months.
The EB1-B is also a subcategory of priority workers. Individuals who have received international recognition for being outstanding in a specific academic area qualify for this category. You will need at least three years’ experience in research or teaching in your academic field. This category requires an offer of employment (although no labor certification is required).
The processing time for your EB-1B green card will also depend on the service center where your application is processed. As explained above, your I-140 petition can sometimes take up to six months, unless you choose premium processing which brings this time down to 15 calendar days.
After you have waited for your priority date (which time period will depend on the country you are from) you have to file your Form I-485. The processing time for your Form I-485 is also around 6 months, depending on your service center.
The EB-1C is also an extraordinary ability visa aimed at proficient and skilled foreign executives and managers. You can get an EB-1C green card by either doing an Adjustment of Status from an L-1A visa while you are in the U.S, or you can apply from outside the U.S.
The processing time for your EB-1C green card will also depend on the service center where your application is processed. As explained above, your I-140 petition can sometimes take up to six months, unless you choose premium processing which brings this time down to 15 calendar days.
After you have waited for your priority date (which time period will depend on the country you are from) you have to file your Form I-485. The processing time for your Form I-485 is also around 6 months, depending on your service center.
The EB-2 green card is available for three categories of individuals:
On average, it takes about 6 months to process your form I-140. If you have to go through PERM Labor Certification, it can even take up to 8 months to 2 years.
You can expedite your Form I-140 processing through premium processing. For a fee of $1,225, your processing time will come down from 6 months to 15 calendar days.
After receiving your approved Form I-140, you’ll have to wait for your priority date to become current, after which you can submit your Form I-485. This step takes about another 6 months, but will also depend on your service center.
EB-3 is also an employment-based preference green card. This green card is a third preference. The EB-3 is for an individual who either has a bachelor’s degree, is a skilled worker with at least two years of experience in the relevant field or who is an unskilled worker.
The processing times for each step in the EB-3 green card application process is as follows:
It goes without mentioning that the green card process can be incredibly long depending on your type of eligibility and the country you are applying from. Yet, if you are planning to live your life in the United States, then a green card is your best solution to gaining permanent resident status.
We know how difficult the various green card process steps can be and here at Stilt, we are committed to helping immigrants build a better financial future. Stilt provides loans to international students and working professionals in the U.S. at rates lower than any other lender.
We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. We help people with limited or zero credit history in the U.S. and offer loans to US immigrants, international students, visa holders, and the underserved who meet our minimum eligibility criteria. No cosigner required.
Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. If you have any questions, send us an email at [email protected].
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