Immigration· United States
EB Visas Explained: The 5 U.S. Employment Green Card Categories
How EB-1, EB-2, EB-3, EB-4 and EB-5 green cards work: who qualifies, who files the paperwork, what each step costs and why waiting times vary so much.
Key takeaways
- About 140,000 employment-based green cards are available each year, split across five categories, EB-1 to EB-5.
- EB-2 and EB-3 usually need a U.S. employer and a Department of Labor labor certification. EB-1 extraordinary ability, the EB-2 National Interest Waiver and EB-5 do not need a job offer.
- An approved petition is not a green card. You still wait for a visa number, which depends on your category and country of birth.
- Under Department of Labor rules, an employer cannot pass the cost of labor certification on to you, and nobody can sell you a genuine job offer.
You want to live in the United States permanently, and you keep hearing about "EB visas". Some people say you need a PhD. Others say any worker can qualify. Both are partly right, because EB is not one visa but five very different categories.
This guide gives you the full map: what each category is for, who files the paperwork, what it costs and why two people with the same job can wait very different lengths of time. Rules and fees change often, so check each point on the official pages before you act.
How employment-based green cards work
An EB visa is an employment-based immigrant visa. "Immigrant" matters here. It means the visa leads to lawful permanent residence, usually called a green card, rather than a temporary stay.
USCIS (U.S. Citizenship and Immigration Services) says approximately 140,000 employment-based immigrant visas are available each fiscal year, and that number covers spouses and children too. The law splits them across five preference categories.
| Category | Who it is for | Share of the yearly limit | Job offer needed? | Labor certification needed? |
|---|---|---|---|---|
| EB-1 | Extraordinary ability, outstanding professors and researchers, multinational managers and executives | 28.6% | Not for extraordinary ability; yes for the other two groups | No |
| EB-2 | Advanced degree professionals and people with exceptional ability | 28.6% | Yes, unless you get a National Interest Waiver | Yes, with some exceptions |
| EB-3 | Skilled workers, professionals and other workers | 28.6% (other workers capped at 10,000) | Yes | Yes, with some exceptions |
| EB-4 | Special immigrants, such as certain religious workers | 7.1% | Depends on the group | No |
| EB-5 | Investors in a U.S. business that creates jobs | 7.1% | No | No |
The percentages come from the State Department's monthly Visa Bulletin. Unused numbers from higher categories can flow down to lower ones.
EB-1: priority workers
EB-1 is for people at the very top of their field. It has three groups, and each has its own test.
Extraordinary ability
You must show sustained national or international acclaim in the sciences, arts, education, business or athletics. USCIS asks for either a major one-time achievement, such as an Olympic medal or a Pulitzer, or evidence meeting at least 3 of 10 listed criteria.
Those criteria include lesser national or international awards, published material about you in major media, judging the work of others, original contributions of major significance and a high salary compared with others in your field. You can file for yourself. No employer or labor certification is needed.
Outstanding professors and researchers
You need international recognition in an academic field and at least 3 years of teaching or research experience. You must meet at least 2 of 6 criteria, and a U.S. university or qualifying employer must offer you a tenure-track or comparable research position and file for you.
Multinational managers and executives
You must have worked for the company outside the U.S. for at least 1 year in the 3 years before the petition, in a managerial or executive role. The U.S. employer must have been doing business for at least a year and be related to the company abroad. It files the petition.
EB-2: advanced degrees, exceptional ability and the NIW
EB-2 is broader than EB-1, but still aimed at highly qualified people.
- Advanced degree professionals hold a degree above a bachelor's, such as a master's or PhD. A U.S. bachelor's (or foreign equivalent) followed by 5 years of progressive experience in the specialty counts as the equivalent of a master's.
- People with exceptional ability in the sciences, arts or business must show expertise "significantly above" the normal level, backed by at least 3 of the listed criteria.
Most EB-2 cases need an employer, a job offer and a labor certification. The big exception is the National Interest Waiver (NIW). It asks USCIS to waive the job offer because your work benefits the United States. With an NIW you can self-petition, and there is no labor certification.
USCIS is clear that the job behind your plan must match your degree. Its own example is that an engineer with a master's who plans to open a bakery may struggle to qualify, because baking doesn't normally require a degree.
EB-3: skilled workers, professionals and other workers
EB-3 is the category most ordinary workers ask about. It covers three groups:
- Skilled workers, whose job needs at least 2 years of training or experience
- Professionals, whose job needs at least a U.S. bachelor's degree or foreign equivalent
- Other workers, whose job needs less than 2 years of training or experience
Every EB-3 case needs a permanent, full-time job offer from a U.S. employer. The job cannot be temporary or seasonal. Because "other workers" can receive no more than 10,000 visas a year, waits in that group can be especially long.
We cover this category in depth, including caregivers and nurses, in our EB-3 green card guide.
EB-4 and EB-5: special immigrants and investors
EB-4: special immigrants
EB-4 is not a general work route. It is for people who fit specific groups named in the law. USCIS lists, among others:
- religious workers
- Special Immigrant Juveniles
- certain broadcasters working for the U.S. Agency for Global Media or its grantees
- certain retired employees of international organizations and NATO civilian employees
- certain employees of the U.S. government abroad and members of the U.S. armed forces
- certain Afghan and Iraqi nationals who worked for or with the U.S. government
Most groups file Form I-360 rather than Form I-140. Some can self-petition. If you don't clearly fit one of these groups, EB-4 is not for you.
EB-5: immigrant investors
EB-5 is for people who invest in a new commercial enterprise in the U.S. that will create or preserve 10 full-time jobs for qualifying U.S. workers.
USCIS lists the minimum investment as $1,050,000, or $800,000 in a targeted employment area (a rural or high-unemployment area) or an infrastructure project. You can invest directly or through a USCIS-approved regional center.
The money must come from a lawful source, and you must document that trail. Investments can lose value. Get independent legal and financial advice, and check any regional center against the USCIS list before you commit funds.
The EB process, step by step
The exact path depends on your category, but most cases follow this order.
- Labor certification (EB-2 and EB-3 only). The employer gets a prevailing wage determination and tests the U.S. labor market. It then files Form ETA-9089 with the Department of Labor (DOL) through its online FLAG system. DOL must be satisfied that there aren't enough able, willing and qualified U.S. workers for the job. Nurses and physical therapists are on DOL's Schedule A, which skips this step.
- Immigrant petition. The employer files Form I-140 with USCIS. Self-petitioners (EB-1 extraordinary ability and NIW) file it themselves. EB-4 usually uses Form I-360, and EB-5 uses Form I-526 or I-526E. For job-based cases, the employer must show it can pay the offered wage.
- Priority date. Your place in the queue. In PERM cases (the Department of Labor's permanent labor certification system), it is the date DOL accepted the labor certification application. In other cases, it is the date USCIS accepted the petition. After DOL approval, the employer has 180 days to file the I-140, or the certification expires.
- Wait for a visa number. Check the monthly Visa Bulletin until your priority date is current.
- Final green card step. If you're lawfully in the U.S., you may file Form I-485 to adjust status. If you're abroad, your case goes to the National Visa Center and then to an interview at a U.S. embassy or consulate.
- Medical exam, biometrics and interview. Every applicant goes through security and medical checks.
What it costs
Government fees below come from the USCIS fee schedule, Form G-1055, edition dated 9 September 2026. Fees change, so recheck before filing.
| Form or fee | What it is for | Fee |
|---|---|---|
| I-140 | Immigrant petition (EB-1, EB-2, EB-3) | $715 paper, $665 online |
| Asylum Program Fee (with I-140) | Added to most petitions | $600 regular employer, $300 small employer or self-petitioner, $0 nonprofit |
| I-907 premium processing (I-140) | Faster USCIS decision on the petition only | $2,965 |
| I-526 or I-526E | EB-5 investor petition | $3,675 (I-526E also needs a separate $1,000 fee) |
| I-485 | Adjustment of status inside the U.S. | $1,440 paper, $1,390 online (age 14 and over) |
| USCIS Immigrant Fee | Paid by people immigrating from abroad | $235 |
On top of this, expect costs for a medical exam, translations, credential evaluations, police certificates and travel. The State Department also charges visa application fees for people who process abroad.
Waiting times, the Visa Bulletin and 2026 changes
Two things control how long you wait.
Demand in your category. When more people apply than there are visas, a queue forms. The State Department publishes a Visa Bulletin every month with cut-off dates for each category.
Your country of birth. The law limits how many visas people from any one country can receive. People born in high-demand countries often wait much longer than others in the same category, and the Visa Bulletin shows those countries in separate columns.
USCIS does not promise a timeline, and neither should anyone else. Check the USCIS processing times page and the latest Visa Bulletin for current figures.
Policy has also moved fast in 2026. Some immigrant visa processing was paused for nationals of certain countries earlier in the year, and federal courts have since blocked parts of those pauses. Separate presidential proclamations restrict entry for some nationalities. Check travel.state.gov for your own country before you plan a move.
If you drive commercial vehicles for a living, note one more change. Department of Labor guidance now says employers must include an English language proficiency standard in labor certifications for those jobs, and USCIS generally expects evidence that you meet it.
Scams and red flags
Employment-based immigration attracts fraud because the prize is so valuable. Walk away if anyone:
- sells a job offer or a green card. DOL rules say labor certifications are not articles of commerce and must not be sold.
- asks you to repay PERM costs through cash, wage deductions or unpaid work.
- guarantees approval or a fixed timeline.
- tells you to exaggerate your experience or use someone else's reference letters. False claims can lead to denial and a lasting bar on future applications.
- uses a non-.gov website or email while claiming to be USCIS, DOL or the State Department.
Only a licensed attorney or a DOJ-accredited representative can give immigration legal advice. A "notario" or visa agent cannot.
Which category fits you, and what to do next
A quick self-check
Use this as a starting point, not a verdict.
- International awards, press coverage, leading roles? Look at EB-1 extraordinary ability.
- Master's, PhD or bachelor's plus 5 years' progressive experience, with work that benefits the U.S.? Consider EB-2, including the NIW.
- A genuine permanent job offer in a skilled, professional or entry-level role? EB-3 is probably your route.
- A religious worker or another listed special immigrant? Check EB-4.
- At least $800,000 of lawfully sourced capital to invest? Research EB-5 carefully.
If none fits yet, a temporary work visa may be a stepping stone. Our guide to U.S. visa sponsorship explains the H-1B, L-1, O-1 and others. To compare family, lottery and humanitarian routes too, read all the ways to get a U.S. green card.
Your next-steps checklist
- Pick your likely category using the self-check above and read its USCIS page in full.
- Collect proof now: degree certificates, transcripts, detailed employer reference letters with dates and duties, licences and awards.
- Get foreign degrees evaluated if your category depends on a U.S.-equivalent qualification.
- Check the latest Visa Bulletin for your category and country of birth.
- Look up the current fees on Form G-1055 and budget for medicals, translations and travel.
- Verify any employer independently, and never pay for sponsorship or labor certification.
- Speak to a licensed immigration attorney before filing, especially for NIW, EB-1 or EB-5 cases.
Frequently asked questions
What is the difference between an EB visa and a work visa like the H-1B?
An EB visa is an immigrant category, so it leads to permanent residence (a green card). An H-1B is a temporary, nonimmigrant work visa tied to a specific employer and period of stay.
Can I get an employment-based green card without a job offer?
Yes, in some categories. EB-1 extraordinary ability applicants and EB-2 applicants seeking a National Interest Waiver can file for themselves, and EB-5 is based on investment rather than a job.
How many employment-based green cards are issued each year?
USCIS says approximately 140,000 employment-based immigrant visas are available each fiscal year, and that total includes spouses and children. By law, the limit can be exceeded when certain unused numbers from the previous year carry over.
Can my spouse and children get green cards too?
Generally yes. If your petition is approved, your spouse and unmarried children under 21 may be able to apply as your dependants, and they count against the same yearly numbers.
How much does an EB green card cost?
Government fees depend on the category. For example, the Form I-140 petition fee is $715 on paper plus an Asylum Program Fee of up to $600, and Form I-485 is $1,440 on paper, according to the USCIS fee schedule edition of 9 September 2026.
Which EB category is the fastest?
There is no fixed answer. Waiting times depend on demand in your category and your country of birth, which the State Department publishes each month in the Visa Bulletin.
Official sources
- USCIS: Permanent workers
- USCIS: Employment-based immigration, first preference EB-1
- USCIS: Employment-based immigration, second preference EB-2
- USCIS: Employment-based immigration, fourth preference EB-4
- USCIS: Visa availability and priority dates
- USCIS: Form G-1055, Fee Schedule
- Electronic Code of Federal Regulations: 20 CFR 656.12, Improper commerce and payment
This guide is general information, not legal, immigration or financial advice. Rules and fees change, so check the official sources before you act. We are not affiliated with any government agency, and we never charge for applications. Read our disclaimer.