Each Employment-Based (EB) US Immigration Visa and Green Card category has its own eligibility requirements (such as education, work experience, job skills, etc.) which must be satisfied.

Several Employment-Based Green Cards require the foreign worker to receive a qualifying US job offer from a sponsoring employer in the United States who will also file an Immigrant Petition with US Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. 

In the event that a US job offer is not required for a particular Employment-Based Green Card category or sub-category, the foreign worker is allowed to file the Immigrant Petition by himself/herself. 

Some Employment-Based Green Cards (such as the EB-2 and EB-3) require the sponsoring employer in the United States to receive a Labor Certification from the US Department of Labor prior to filing the Immigrant Petition with USCIS.    

The Labor Certification (if required) basically confirms that: (1) there are not enough qualified US workers available who are willing and able to fill the particular US job opening at or above the standard wage for the position; and (2) the working conditions and wages of US workers similarly employed will not be affected adversely by hiring a foreign worker. 

Below, is an overview of the key requirements for each of the five US Immigration Visas and Green Cards.

EB-1 Green Card:

Extraordinary Ability – This EB-1 Green Card sub-category is for individuals with extraordinary ability in the arts, athletics, business, education, or the sciences who have received sustained acclaim nationally or internationally. Labor Certification and an offer of US employment are not required for this sub-category. The Petition for Alien Worker (Form I-140) can be filed by the applicant with USCIS. Applicants for this sub-category are required to satisfy a minimum of three out of 10 criteria listed below OR show proof of a major one-time achievement (such as an Academy Award, Olympic Medal, Pulitzer Prize, etc.):

• Proof of having written scholarly articles in major trade or professional publications or other types of major media
• Proof that you have made an original artistic, athletic, business-related, scholarly, or scientific contribution of major significance to your field  
• Proof that you have performed a critical or leading role in distinguished organizations
• Proof of having received a lesser award or prize for excellence that is recognized nationally or internationally
• Proof that your work was displayed at artistic showcases or exhibitions
• Proof that you have had commercial success in the performing arts
• Proof that you were asked to judge on a panel or individually the work of other people
• Proof that you have membership in organizations in your field that require their members to make outstanding achievements
• Proof that you are able to receive a salary or other compensation substantially higher than others in your field
• Proof that material has been published about you in major professional or trade publications or other types of major media

Outstanding Researchers and Professors – This EB-1 Green Card sub-category is for individuals who can show proof of international recognition for outstanding achievements in a specific academic field. Labor Certification is not needed, however, a qualifying offer of US employment is required and the sponsoring US employer must file the Petition for Alien Worker (Form I-140) with USCIS. A minimum of three years of research or teaching experience in the specific academic field is mandatory. Furthermore, the individual needs to be relocating to the USA in pursuit of a tenure track teaching position or a research position that is comparable at an institution of higher education (such as a university) or a qualifying private employer. Applicants for this sub-category are required to satisfy a minimum of two out of six criteria listed below:

• Proof that you have written scholarly articles (published in scholarly journals with worldwide circulation) or books in your academic field 
• Proof that you have received major awards or prizes for outstanding achievement
• Proof that you have made original scholarly or scientific research contributions in your academic field
• Proof that you have membership in organizations which require members to show outstanding achievement
• Proof that others have written published material in professional publications about your work in the specific academic field
• Proof that you have participated individually or on a panel as a judge of the work of other people in your academic field or a related field

Multinational Executives or Managers – This EB-1 Green Card sub-category is for particular types of multinational executives or managers. Labor Certification is not needed, however, a qualifying offer of US employment is required and the sponsoring US employer must file the Petition for Alien Worker (Form I-140) with USCIS. The petitioning/sponsoring employer must have been conducting business in the US as a legal entity for a minimum of one year, have a qualifying relationship with the employer that you worked for in an executive or managerial role outside of the USA, and plan to employ you in an executive or managerial role in the United States. You must have worked outside of the United States in an executive or managerial role for a minimum of one year during the three years prior to the petition being filed or the most recent admission as a non-immigrant if you are working in the US already (for example, with a temporary US work visa).  

EB-2 Green Card:

Professionals with Advanced Degree – This EB-2 Green Card sub-category is for individuals who are members of a profession and possess an advanced degree (i.e., higher than a Bachelor’s Degree) or the equivalent (for example, possessing a Bachelor’s Degree plus a minimum of five years of work experience in the qualifying profession after receiving the Bachelor’s Degree). Labor Certification is usually required and a qualifying offer of US employment in a professional occupation is needed. The sponsoring US employer must file the Petition for Alien Worker (Form I-140) with USCIS, except when there is a national interest waiver in which case the applicant may file the Form I-140.

Exceptional Ability – This EB-2 Green Card sub-category is for individuals who have demonstrated exceptional ability in the arts, business or the sciences. Labor Certification is usually required (there are exceptions) and a qualifying offer of US employment in a professional occupation is needed. The sponsoring US employer must file the Petition for Alien Worker (Form I-140) with USCIS, except when there is a national interest waiver in which case the applicant may file the Form I-140.A minimum of three of the following seven criteria must be satisfied:

• Certification for your occupation or profession, or a license to practice your profession
• An official academic record proving that you possess a certificate, diploma or degree from a university, college, school or other educational institution that is related to your particular area of exceptional ability
• Membership in one or more professional associations
• Letters from your previous and/or current employers showing that you have a minimum of 10 years of full-time experience in your profession or occupation
• Proof that you received a salary or other compensation for services that indicate your exceptional ability
• Recognition by your peers, business or professional organizations, or government entities for your achievements and notable contributions to your field or industry
• Other similar proof of eligibility may also be accepted

EB-3 Green Card:

Professionals – This EB-3 Green Card sub-category is for individuals who possess a Bachelor’s Degree or higher educational credential and have membership in a profession. Additionally, the person’s profession must require at least a Bachelor’s Degree. Professionals are required to satisfy the training, education or experience criteria for the particular job opening. Labor Certification and a qualifying offer of US employment in the relevant profession are usually required. The sponsoring US employer must file the Petition for Alien Worker (Form I-140) with USCIS.

Skilled Workers – This EB-3 Green Card sub-category is for individuals who have the ability to perform skilled labor and whose occupation requires a minimum of two years of experience or training and which is not of a seasonal or temporary nature. Skilled workers are required to satisfy the training, education or experience criteria for the particular job opening. Labor Certification and a qualifying offer of US employment are usually required. The sponsoring US employer must file the Petition for Alien Worker (Form I-140) with USCIS.

Unskilled Workers – This EB-3 Green Card sub-category is for other workers who have the ability to perform unskilled labor and whose occupation requires less than two years of experience or training and which is not of a seasonal or temporary nature. Unskilled workers are required to satisfy the training, education or experience criteria for the particular job opening. Labor Certification and a qualifying offer of US employment are usually required. The sponsoring US employer must file the Petition for Alien Worker (Form I-140) with USCIS.

EB-4 Green Card:

The EB-4 Green Card is for various sub-categories of “special immigrants” such as Religious Workers and particular Foreign Broadcasters (among others).

Special Immigrant Religious Workers – This EB-4 Green Card sub-category is for individuals who will relocate to the USA to work full-time in a paid position as a minister of religion (for example, minister, priest, rabbi, imam) or other qualifying religious occupation or vocation at a non-profit religious organization in the US, tax-exempt religious organization in the United States or non-profit organization that is associated with a religious denomination in the USA. The applicant must have a minimum of two years of experience (1) as a member of a non-profit religious denomination or organization in the US and (2) a minimum of two years of work experience obtained abroad or in the United States in one of the three roles mentioned above. All of the required documentation must be provided and other criteria must be satisfied. Labor Certification is not necessary, however, a qualifying offer of US employment is required. The Form I-360 petition will need to be filed with USCIS by the employer or the applicant (as relevant).

Special Immigrant Foreign Broadcaster – This EB-4 Green Card sub-category is for certain foreign broadcasters (such as reporters, news broadcast hosts, news analysis specialists, announcers, writers, editors, producers, etc.) who have been approved to relocate to the USA to work for the US Agency for Global Media (USAGM) or a USAGM grantee. Labor Certification is not necessary, however, an offer of US employment is required. The Form I-360 petition will be filed with USCIS by the USAGM or the USAGM grantee.

Note: These are two examples of EB-4 Special Immigrant Green Card sub-categories, however, other EB-4 Green Card sub-categories exist.

EB-5 Green Card:

The EB-5 Green Card is for immigrant investors who make the required investment in a commercial enterprise located in the United States which will preserve or create 10 full-time permanent jobs in the USA for eligible US workers. The minimum investment amount is $1,050,000 USD, however, a minimum investment of $800,000 USD is needed if the investment will be made in a “targeted employment area” in the United States (i.e., a high unemployment area or rural location in the US). The applicant can file the relevant petition with USCIS.