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Permanent Residency

Green Card β€” Employment-Based

EB-1, EB-2 NIW, EB-2, and EB-3 pathways explained with timelines

⚑ Self-petition options (no employer needed):

EB-1A Extraordinary Ability
EB-2 NIW National Interest
EB-1B Outstanding Researcher*

*EB-1B requires employer sponsor but no PERM

Employment-Based Categories

EB-1A

Extraordinary Ability

~12–24 months

For individuals with extraordinary ability in sciences, arts, education, business, or athletics. No employer sponsor required.

National or international awards/recognition
Published work with significant citations
Judging others' work in your field
High salary compared to peers
Memberships in prestigious associations
EB-1B

Outstanding Researchers & Professors

~12–18 months

For researchers/professors with international recognition in a specific academic area. Requires employer sponsorship.

At least 3 years research/teaching experience
Major prizes or awards
Membership in associations requiring outstanding achievement
Published material about your work
Participation as judge of others' work
EB-2 NIW

National Interest Waiver

~12–30 months

Waives the job offer and PERM requirements for individuals whose work is in the national interest of the US. Self-petition.

Substantial merit and national importance of work
Well-positioned to advance the endeavor
Beneficial to waive job offer and PERM requirements
Strong evidence: papers, citations, media, letters of support
EB-2

Advanced Degree Professionals

~3–10+ years (country dependent)

For professionals with advanced degrees (master's+) or equivalent. Requires employer sponsorship and PERM labor certification.

Advanced degree (master's or bachelor's + 5 years exp)
Employer files PERM labor certification
I-140 petition
Priority date must be current for your country
EB-3

Skilled Workers

~3–10+ years (country dependent)

For skilled workers (2+ years training), professionals, and unskilled workers. Requires employer sponsorship and PERM.

Skilled: 2+ years training/experience required
Professional: US bachelor's degree or equivalent
Permanent full-time job offer from US employer
PERM labor certification filed by employer

The Green Card Process

1

PERM Labor Certification (EB-2/EB-3 only)

Employer proves no qualified US workers are available for the position. Takes 8–18 months.

2

File I-140 (Immigrant Petition)

USCIS approves your immigrant classification. Establishes your Priority Date.

3

Wait for Priority Date to Become Current

Check monthly Visa Bulletin. India and China have multi-year backlogs for EB-2/EB-3.

4

Adjustment of Status (I-485) or Consular Processing

If in the US, file I-485. If abroad, go through National Visa Center and US Embassy.

5

Biometrics, Medical Exam, and Interview

USCIS may require an interview. Medical exam from a USCIS civil surgeon required.

6

Receive Green Card

Conditional (2-year) or permanent (10-year) green card issued. Renewable.

Visa Bulletin & Priority Dates

The State Department publishes a monthly Visa Bulletin showing which priority dates are β€œcurrent” for each country. India and China face backlogs of 10–50+ years for EB-2/EB-3 categories. EB-1A and EB-2 NIW are typically current for India (check monthly).

Check current Visa Bulletin

Which path is right for me?

Researcher/PhDEB-1B or EB-2 NIW
Tech worker (FAANG)EB-2 via employer
Exceptional talentEB-1A self-petition
Skilled professionalEB-3 via employer

Green card applications are complex and errors can be costly. Always work with a licensed immigration attorney.

Am I eligible for NIW?

Ask our AI to evaluate your EB-2 NIW eligibility.

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