Knowledge base

It is U.S. permanent residence based on a job or professional skills. There are five preference categories:

• EB-1: people of extraordinary ability, outstanding professors and researchers, multinational executives
• EB-2: advanced-degree professionals, exceptional ability, national interest waivers
• EB-3: professionals, skilled workers and other workers
• EB-4: special immigrants such as religious workers
• EB-5: investors

• Live, work and study in the U.S. permanently
• Change jobs freely, without being tied to one employer
• Usually apply for citizenship after 5 years
• Your spouse and unmarried children under 21 get green cards too
• Travel without visas (long absences can put your status at risk)
• In-state tuition at many public universities

1. A full-time, permanent (not temporary or seasonal) job offer from a U.S. employer
2. An approved labor certification (PERM) showing no qualified U.S. worker is available and that hiring you won’t undercut wages
3. You meet the job’s stated education, training and experience requirements
4. The employer can pay the offered wage
5. Your priority date is current
6. You are admissible to the U.S. and pass the medical exam

• Professional: the job requires a U.S. bachelor’s degree or foreign equivalent
• Skilled worker: the job requires at least 2 years of training or experience (relevant post-secondary education can count as training)
• Other worker: the job requires less than 2 years of training or experience

The job decides the category: a college graduate hired as fast-food crew is still an Other Worker.

The card is usually valid for 10 years; you renew it with Form I-90. An expired card doesn’t end your permanent residence, but it causes problems when traveling or starting a job, so renew early. If you qualify, you can apply for citizenship instead.

A monthly table from the State Department showing which priority dates are current for each category and country. When your priority date is earlier than the date shown, you can take the final step. See the visa bulletin page.

EB-3 visas are capped each year, and no country can use more than 7% of the total. High-demand countries such as China, India and the Philippines wait longer. Other Workers have fewer visas than the other two categories.

Yes. When demand exceeds supply, dates can stall for months or retrogress. Pending applications aren’t cancelled; they resume when the date becomes current again.

Usually yes. F-1 refusals are often for “immigrant intent,” which doesn’t matter for an immigrant visa like EB-3. But any misrepresentation or false documents can affect every U.S. visa, so have an attorney review it.

If you are in the U.S. in valid status, you file Form I-485 when your date is current and become a permanent resident without leaving. While it’s pending you can apply for a work permit (I-765) and travel document (I-131). Leaving without advance parole can be treated as abandoning the application.

If you are outside the U.S., after I-140 approval you submit the DS-260 and documents to the National Visa Center. When your date is current you interview at a U.S. embassy or consulate after a medical exam with a designated doctor, and become a permanent resident when you enter the U.S.

Mostly where you are and whether you’re in valid status when your date is current. People in the U.S. in good status usually adjust; people abroad go through a consulate. If you’ve had status problems, an attorney needs to decide.

All labor certification (PERM) costs, including recruitment ads and the employer’s attorney fees, must by law be paid by the employer. They can’t be charged to the worker or recovered through wage deductions (20 CFR 656.12). Costs on the applicant’s own side, such as I-485 or DS-260 fees, can be paid by the applicant. See our fees.

• “Pay to buy a sponsorship slot”: labor certifications can’t legally be bought or sold
• “Guaranteed approval” or “100% success”: nobody can guarantee what USCIS or a consulate decides
• “We’ll create work experience” or “polish your degree”: that is immigration fraud and can bar you for life
• “Pay us to enter the H-1B lottery”: only a real employer can register for a real job
• Being told to send labor certification costs to a personal account

Yes, but usually the new employer has to start a new labor certification. Once an I-485 has been pending 180 days, you may be able to move to a same or similar job without starting over (AC21 portability); ask an attorney.

• Inconsistent or untrue information on forms
• Guessing instead of asking an attorney
• Missing deadlines or not following bulletin changes
• The employer not following PERM recruitment rules