For professionals looking to build a long-term career in the United States, obtaining a green card through employment is one of the most strategic paths to achieving permanent residency. Within the employment-based immigration system, individuals with “extraordinary ability”, outstanding researchers and multinational executives and managers receive priority consideration. U.S. immigration law offers several Employment-Based (EB) categories, the most relevant being the EB-1, EB-2 and EB-3 visa categories.
The EB-1 category (Priority Workers), is aimed at individuals who have distinguished themselves in their fields or hold senior leadership positions in multinational organizations. The EB-1 category is particularly attractive because it often offers faster processing and does not require the labor certification process (PERM). Within this category, the EB-1A subcategory is reserved for individuals of extraordinary ability, those with nationally or internationally recognized achievements in areas such as business, science, arts, education or athletics, and it does not require employer sponsorship.
The EB-1B subcategory is designed for outstanding professors and researchers with exceptional academic accomplishments and at least three years of teaching or research experience, provided they have a U.S. job offer. Finally, the EB-1C subcategory targets multinational executives and managers who have worked for their company abroad for at least one of the last three years and are being transferred to a U.S. branch.
The EB-2 category is intended for professionals who hold advanced degrees (master’s or higher) or who can demonstrate exceptional ability; it generally requires employer sponsorship and a PERM labor-market test to first offer the role to U.S. workers. Although the National Interest Waiver (NIW) once allowed many EB-2 applicants to self-petition – waiving both sponsorship and labor-market requirements – it has recently been narrowed, meaning the vast majority of applicants will now need employer sponsorship and significant advance planning to accommodate lengthy processing times. In the interim, qualifying foreign nationals can often rely on temporary visas (e.g., H-1B, L-1, O-1) to bridge the gap. Moreover, professionals with specialized talent in certain critical industries – such as STEM, healthcare, and advanced manufacturing – are often well-positioned for PERM certification thanks to verifiable labor shortages in those fields.
Similarly, the EB-3 category – open to skilled workers with at least two years of experience or to professionals holding a bachelor’s degree – also mandates employer sponsorship and a PERM labor-market certification, with advance preparation essential to navigate prevailing wage determinations and recruitment steps.
If you are planning to pursue a green card through employment, understanding which category best suits your profile is essential. The immigration process can be complex, but with the right strategy and professional guidance, it becomes much more manageable.
At Drummond Advisors, our specialists are ready to assist you in choosing the best path and supporting you throughout every step of your U.S. immigration journey. Let’s do it together!
Written by Paola Von Atzingen and Chris Costa, from the Drummond team