---
title: Employment-Based Immigration Visas
description: A comprehensive overview of the legal requirements and standards for obtaining employment-based immigration visas in the United States.
keywords: [employment-based immigration, immigrant visas, labor certification, PERM, permanent residence]
category: law
---

## Introduction to Employment-Based Immigration Visas

The United States immigration system provides several avenues for foreign nationals to obtain lawful permanent residence, commonly referred to as a "green card," through employment-based petitions. These employment-based immigration visas are governed by the Immigration and Nationality Act (INA) and the corresponding federal regulations promulgated by the Department of Homeland Security and Department of Labor. 

The employment-based immigration visa categories are designed to attract and retain foreign workers with valuable skills, education, and experience that can contribute to the American economy and workforce. Obtaining an employment-based green card involves a multi-step process that must comply with strict legal requirements. Failure to adhere to the applicable statutes and regulations can result in the denial of the visa petition and potential immigration consequences for the foreign national.

## The Five Employment-Based Preference Categories

The INA establishes five preference categories for employment-based immigration, commonly referred to as the "EB" categories. These categories are:

1. EB-1: Priority Workers (including persons of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers)
2. EB-2: Professionals with Advanced Degrees or Persons of Exceptional Ability
3. EB-3: Skilled Workers, Professionals, and Other Workers
4. EB-4: Certain Special Immigrants (including religious workers, Afghan/Iraqi translators, and Panama Canal Zone employees)
5. EB-5: Immigrant Investors

Each of these categories has specific legal requirements and evidentiary standards that must be satisfied in order to qualify. The EB-1, EB-2, and EB-3 categories are the most common employment-based pathways and will be the focus of this legal reference.

## The PERM Labor Certification Process

A critical prerequisite for EB-2 and EB-3 visa petitions is the successful completion of the Program Electronic Review Management (PERM) labor certification process administered by the Department of Labor. The purpose of the PERM labor certification is to demonstrate that there are no qualified, able, willing, and available U.S. workers for the position the employer is seeking to fill with a foreign national. 

The PERM process involves the employer conducting a good faith recruitment campaign to test the labor market and then filing an application with the Department of Labor. 20 C.F.R. § 656.17. The employer must submit evidence that it has met all the regulatory recruitment requirements, including posting the position, placing print advertisements, and contacting relevant labor unions. 20 C.F.R. § 656.17(e). If the Department of Labor determines that the employer has met its burden, it will issue a labor certification, which is a prerequisite for the EB-2 and EB-3 visa petitions. See Matter of Detroit Medical Center, 2010-PER-00117 (BALCA 2011).

## The Immigrant Visa Petition Process

After obtaining a labor certification (for EB-2 and EB-3) or demonstrating eligibility under the EB-1 criteria, the next step is filing an Immigrant Petition for Alien Worker (Form I-140) with U.S. Citizenship and Immigration Services (USCIS). The I-140 petition must be accompanied by supporting evidence to establish the foreign national's qualifications for the applicable employment-based preference category. See 8 C.F.R. § 204.5.

USCIS will review the I-140 petition to ensure the sponsoring employer has the ability to pay the proffered wage and that the foreign national meets the minimum requirements for the job. See Matter of Sonegawa, 12 I&N Dec. 612 (Comm'r 1967). If USCIS approves the I-140 petition, the foreign national can then proceed to the final step of obtaining lawful permanent residence.

## Obtaining Lawful Permanent Residence

The final step in the employment-based immigration process is applying for lawful permanent residence, commonly known as a "green card." This is accomplished by filing an Application to Register Permanent Residence or Adjust Status (Form I-485) if the foreign national is already present in the United States in a valid non-immigrant status. 

If the foreign national is outside the United States, they will need to go through consular processing and attend an interview at a U.S. embassy or consulate to obtain an immigrant visa. In either scenario, the foreign national will need to demonstrate they are admissible to the United States and meet all the requirements for the applicable employment-based preference category. See INA § 212(a).

Importantly, the employment-based green card process is subject to annual numerical limitations and priority date cut-offs established by the Department of State. Foreign nationals from oversubscribed countries, such as India and China, often face lengthy wait times before they can file their I-485 application or be issued an immigrant visa. See INA § 203(b).

## Conclusion

Obtaining an employment-based immigration visa in the United States is a complex legal process that requires strict compliance with the INA and governing regulations. Failure to navigate the PERM labor certification, I-140 petition, and green card application stages properly can result in significant delays or denials that jeopardize a foreign national's ability to live and work permanently in the United States. Consulting with an experienced immigration attorney is highly recommended to ensure the best possible outcome.