Employment based permanent residence is organised into preference categories, usually written as EB-1 through EB-5. They differ in who qualifies, how long the wait is, and how much the employer has to prove.
The main categories
- EB-1 is for people at the top of their field, outstanding professors and researchers, and certain multinational managers and executives.
- EB-2 is for advanced degree professionals and people with exceptional ability. Some EB-2 applicants can skip the employer requirement through a national interest waiver.
- EB-3 covers skilled workers, professionals, and certain other workers. It is the most common route, and often the one with the longest wait.
- EB-4 covers certain special immigrants, including some religious workers.
- EB-5 is for investors who put a qualifying amount of capital into a business that creates jobs.
Labor certification, or PERM
Most EB-2 and EB-3 cases begin with the employer proving to the Department of Labor that it tried to hire a United States worker for the role and could not find a qualified one. The employer advertises the position, documents the recruitment, and pays the required wage. This step is technical and it is unforgiving about details, which is where a lot of cases stall.
What happens after that
Once labor certification is approved, the employer files an immigrant petition for you. Then you wait for a visa to become available in your category and country. When it does, you either adjust status inside the United States or complete the case at a consulate abroad. The date your case first entered the line, called your priority date, usually carries over if you change categories, which can matter a great deal.
If you are the employer
Sponsoring a worker is a commitment of time, record keeping, and money, and the obligations are real. We tell employers up front what the process will require, so the decision is made with clear eyes rather than halfway through.
Keep your status while you wait
Many people in this process are on a temporary work visa the whole time. Letting that status lapse can undo years of progress. Track your expiration dates, and talk to us before you change jobs, change roles, or let a petition run out.
These cases run for years, and they involve you, your employer, the Department of Labor, and immigration authorities all at once. The most useful thing we do is keep the whole timeline in view, so that a deadline in one part of the process does not quietly damage another.