Last reviewed September 6, 2026
Overview: Employment-based green cards usually require three separate answers: which immigrant category fits, who can petition, and when a visa number is available. An approved petition is not the final green card, and not every category uses the same form or labor-certification process.
The five preferences
- EB-1: extraordinary ability, outstanding professors/researchers, and qualifying multinational managers/executives. No PERM; only EB-1A allows EB-1 self-petitioning.
- EB-2: qualifying advanced-degree professionals or exceptional ability. Usually employer sponsorship and labor certification, unless an NIW or another applicable provision changes the process.
- EB-3: professionals, skilled workers and other workers in qualifying permanent jobs, ordinarily through an employer and PERM.
- EB-4: specific special-immigrant provisions, often using I-360, with requirements that differ by subgroup.
- EB-5: qualifying investment and job creation, generally using I-526 or I-526E and later I-829.
NIW and EB-1A are different self-petition options with different standards. A person’s degree or senior job title does not automatically establish the category.
The usual employer-sponsored sequence
- The employer identifies the permanent position, actual minimum requirements and offered wage.
- Where required, it completes prevailing-wage and PERM recruitment and certification.
- It files I-140 with the worker’s qualifications and ability-to-pay evidence. PERM approvals generally must be used within 180 days.
- The worker tracks visa availability and chooses an eligible adjustment or consular route.
- The applicant and qualifying derivatives complete final applications, medical and admissibility requirements.
The sequence differs by preference. NIW waives the job-offer and labor-certification requirements when approved; EB-4 and EB-5 have different petition forms and evidence.
Visa availability is a separate wait
The Visa Bulletin uses preference category, country of chargeability and priority date. A faster petition decision does not create an available number. Optional premium processing speeds an eligible petition’s adjudicative response, not the visa queue.
NIW does not bypass EB-2’s queue. It can change who petitions and whether PERM is required. Moving to EB-1 requires independently meeting EB-1 requirements and obtaining the appropriate petition; it is not a simple request to relabel an EB-2 case.
For I-485, USCIS’s chart selection for the month determines which Visa Bulletin chart applies. A filing date that allows an application is different from the final-action date needed for approval. Retrogression can delay a pending case.
Changing jobs: three different concepts
Priority-date retention can preserve an earlier place in line after a qualifying petition approval, subject to exceptions. It does not automatically preserve the original employer’s job offer, labor certification or petition for a new employer.
A new employer process often requires a new PERM and I-140. The new job’s actual requirements and the worker’s qualifications determine the category; the old classification does not necessarily transfer unchanged.
Adjustment portability can allow certain applicants with a qualifying I-140 and I-485 pending at least 180 days to move to the same or a similar occupation under the statutory conditions. EB-1A and NIW are analyzed through their continuing work or endeavor requirements rather than an ordinary job-offer portability claim. The new duties and timing determine whether those conditions are met.
Status, family and costs
An I-140 receipt or approval does not give lawful status or work permission. An independent status or qualifying adjustment-related permission has its own requirements. Travel may affect pending applications.
A spouse and eligible children can derive in many employment categories, but EB-4 has exceptions such as SIJ. Child age protection has calculations and deadlines. Each family member’s final application and medical examination can add separate costs.
PERM costs have employer-payment restrictions. A labor certification or green-card approval cannot legitimately be purchased from a recruiter.
Official sources
- Department of State: employment-based immigrant visas
- Department of Labor: PERM
- USCIS: transfer of adjustment basis and portability distinctions
- Department of State: Visa Bulletin