Which Employment Visas Lead to a Green Card?

Several U.S. employment visas can lead to a green card, including H-1B, L-1, and EB visas (EB-1, EB-2, EB-3). These allow foreign professionals, skilled workers, and investors to transition from temporary work status to permanent residency through employer sponsorship or self-petition.

Each year, about 150,037 employment-based green cards are available to workers and investors aiming to settle in the U.S. (State Department Visa Bulletin, September 2025). Yet, as of late 2024, over 784,000 approved petitions are still waiting for visa numbers, which is a clear sign of how competitive this process has become (USCIS Data 2024). 

But the good news is 91% of employment-based green card applications were approved in 2024, showing that success is possible with the right approach. (latest USCIS statistics). Keep in mind that a 91% approval rate was achieved under the Biden administration. In 2025, with potential policy shifts and increased scrutiny, it is more crucial than ever to have a skilled advocate on your team to navigate the employment-based Green Card process successfully.

The U.S. immigration system offers five employment-based green card categories (EB-1 through EB-5), from visas for people with extraordinary ability to skilled workers and investors creating American jobs. Each has its own requirements, filing steps, and waiting times.

If you’re planning to get permanent residency, it’s the first step in understanding how U.S. employment visas connect to employment-based green card categories. 

With the right strategic legal help from an experienced immigration lawyer, you can move from temporary work visas to permanent residency smoothly.

This is immigration lawyer Alicia Morgan from Immigration Lawyers USA. Let’s see together which employment visas lead to a green card for you without any tough hassles.

Temporary Work Visas vs. Green Cards (What’s the Difference?)

A temporary work visa lets you stay and work in America for a set amount of time. At the same time, a Green Card offers permanent residency, the freedom to live and work indefinitely, and the eventual opportunity to apply for U.S. citizenship.

Key Takeaway

A Green Card gives you permanence and broader rights, including the path to citizenship, while temporary work visas are time-limited and tied to specific employment or employers.

In 2022, the U.S. issued 1,010,900 temporary work visas, compared to only 48,911 employment-based green cards. The number of employment-based green cards for new arrivals rose by over 70% between 2018 and 2022. (U.S. Department of State data via USAFacts)

What About the U.S. Green Card?

A Green Card, officially called a Permanent Resident Card, gives you Lawful Permanent Resident (LPR) status in the United States. It allows you to:

• Live and work indefinitely anywhere in the U.S.
• Travel freely in and out of the country.
• Apply for U.S. citizenship after 3 or 5 years, depending on your category.

This status is the closest step to full citizenship, giving you long-term stability and protection under U.S. law.

What Are Temporary Employment Visas (Nonimmigrant Visas)?

Temporary work visas let foreign nationals come to the U.S. for specific job-related purposes and timeframes. Examples include:

• H-1B Visa: For specialty occupations like tech, medicine, or engineering (valid for 3 years, extendable up to 6).
• L-1 Visa: For company transferees moving from a foreign branch to a U.S. office.

These visas have expiration dates and generally require the holder to return home upon expiration. 

However, certain visas, such as the H-1B, are “dual intent.” This means you’re allowed to apply for a Green Card while holding valid H‑1B status. But you should definitely consult an expert H-1B immigration lawyer before moving forward. 

Dig Deeper: How to choose the best H-1B immigration lawyer in the USA?

Comparison Table: Green Card vs. Temporary Work Visa

The Five Employment-Based (EB) Green Card Categories

The U.S. offers five employment-based green card categories (EB-1 to EB-5), each designed for specific types of workers, from top professionals and skilled workers to investors who create jobs in the American economy.

According to USCIS, in 2020, it issued around 140,000 employment-based green cards. These are divided into five preference categories, each with its own eligibility rules and documentation requirements. 

Spouses and unmarried children under 21 of principal applicants can also receive derivative green cards.

These EB categories are the core of employment-based immigration, helping the U.S. attract talent, fill labor gaps, and encourage investment.

EB-1: Priority Workers (Extraordinary Talent & Leadership)

The EB-1 category is for people with extraordinary ability, top researchers or professors, and multinational executives, often without needing labor certification.

Key Point:

The EB-1 green card is often the fastest route to permanent residency because it skips the PERM labor certification step. It’s ideal for those with proven achievements, international standing, or executive-level roles in multinational companies.

EB-1A: Extraordinary Ability

Designed for individuals who have earned national or international recognition in fields such as science, arts, education, business, or athletics.

To qualify, you must:

• Meet 3 of 10 USCIS criteria, such as receiving major awards, having published work about you, judging others’ work, or making original contributions in your field.
• Alternatively, show one-time significant achievement, like a Pulitzer Prize, Oscar, or Olympic Medal.
• A job offer is not required; you can self-petition without employer sponsorship or labor certification.

EB-1B: Outstanding Professors and Researchers

This subcategory is for individuals who:

• Have international recognition for their research or teaching.
• Hold at least three years of experience in their field.
• Have a permanent job offer for a tenure-track or equivalent research position at a U.S. university or private institution.
• Do not need a labor certification.

EB-1C: Multinational Managers or Executives

Ideal for corporate leaders who transferred from a foreign branch to a U.S. office.

To qualify, applicants must:

• Have worked abroad for at least one year in a managerial or executive role within the last three years.
• Be joining a U.S. employer that has a qualifying relationship (parent, subsidiary, affiliate, or branch) and has been doing business for at least one year.
• No labor certification is required.

EB-2: Advanced Degrees & Exceptional Ability

The EB-2 green card is for professionals with advanced degrees or those who demonstrate exceptional ability in the sciences, arts, or business. It also includes the National Interest Waiver (NIW), which lets qualified applicants self-petition without employer sponsorship.

Advanced Degree Professionals

This EB-2 path is designed for professionals whose work requires education beyond a bachelor’s degree. You may qualify if you:

• Hold a U.S. master’s degree (or foreign equivalent), or
• Hold a U.S. bachelor’s degree (or foreign equivalent) plus at least five years of progressive experience in your specialty field.
• The job must require an advanced degree for eligibility.

For instance: if you are an engineer with a bachelor’s degree and have 6 years of professional experience, you may qualify if the position requires a master’s or its equivalent.

Persons of Exceptional Ability

This option is for people with expertise well above the norm in sciences, arts, or business.

To qualify, you must meet at least 3 of these 6 USCIS criteria:

1. Official academic record showing your qualification.
2. At least 10 years of full-time experience in your field.
3. Professional license or certification, if required.
4. High salary or remuneration that shows exceptional ability.
5. Membership in professional associations.
6. Recognition for achievements and significant contributions in your field.

National Interest Waiver (NIW)

The NIW allows you to skip the job offer and labor certification processes if your work benefits the United States on a national level.

To qualify, you must first meet the EB-2 base criteria (advanced degree or exceptional ability).

Self-petitioning is allowed under this category.

USCIS evaluates NIW cases based on three key factors:

1. The importance and merit of your proposed work to the U.S.
2. If you are well-positioned to carry out that work.
3. If waiving the job offer would benefit the U.S. overall.

EB-3: Skilled Workers, Professionals, & Other Workers

The EB-3 green card is for skilled workers (2+ years of experience), professionals (bachelor’s degree), and other workers (less than 2 years of experience). It typically requires employer sponsorship and labor certification (PERM).

Key Takeaway:

The EB-3 category is the most common employment-based green card option. It offers a path for both skilled and unskilled workers, but generally involves longer wait times compared to EB-1 and EB-2 due to higher application volume.

Skilled Workers

This group includes individuals whose jobs require at least two years of training or work experience.

For instance: Electricians, chefs, technicians, or specialized trade workers.

Applicants must have an employer willing to sponsor and file a labor certification showing no qualified U.S. workers are available for the position.

Professionals

For workers who:

• Hold a U.S. bachelor’s degree (or foreign equivalent).
• Are you entering a job that requires such a degree?
• Example: Accountants, engineers, or architects applying for positions matching their education.

Labor certification is mandatory, and the degree cannot be replaced by experience alone.

Other Workers (Unskilled)

Covers jobs that need less than two years of training or experience.

Examples: Caregivers, hotel staff, or farm workers.

Although this category has simpler qualification standards, the waiting period is usually much longer due to high demand and limited visa numbers.

Most EB-3 applicants go through two key steps:

1. PERM labor certification to confirm the job offer meets U.S. hiring requirements.
2. Form I-140, filed by the sponsoring employer to classify the worker under EB-3.

EB-4: Certain Special Immigrants

The EB-4 green card is for specific groups, such as religious workers, broadcasters, and certain U.S. government employees abroad, who are typically exempt from labor certification requirements.

Key Summary:

EB-4 green cards are reserved for specialized, mission-driven individuals serving in religious, governmental, or humanitarian capacities. The absence of a labor certification requirement makes this a faster and more targeted immigration route for eligible applicants.

Who Qualifies Under EB-4?

Examples of eligible applicants include:

• Religious Workers: Ministers and other religious professionals working for recognized nonprofit religious organizations in the U.S.
• Broadcasters: Employees of the U.S. Agency for Global Media (USAGM) or its grantees.
• Certain U.S. Government Employees Abroad: Long-term employees of the U.S. government or its contractors serving overseas.
• Iraqi and Afghan Nationals: Interpreters, translators, or employees who assisted U.S. missions in Iraq or Afghanistan.
• Other Special Immigrants: Certain juveniles (SIJ classification), retired NATO-6 employees, and international organization workers.

According to The Economic Times, the EB-4 category accounts for 7.1% of the annual worldwide cap for employment-based immigrant visas, making it a limited but vital pathway for unique cases.

EB-5: Immigrant Investors

The EB-5 Green Card is for foreign investors who invest substantial capital in U.S. businesses that create jobs, offering a direct route to permanent residency.

What Is the EB-5 Green Card?

The EB-5 immigrant investor visa is designed for foreign nationals who are willing to make a substantial capital investment in a U.S. business that creates or preserves jobs for American workers. It’s one of the most direct routes to permanent residency without labor certification.

Investment Requirements

• The investment must be made in a new commercial enterprise or a troubled business in need of revitalization.
• Funds can be directed into industries ranging from real estate development to manufacturing or hospitality.
• The key requirement: the investment must create at least 10 full-time jobs for U.S. workers.

Advantages of EB-5

• No labor certification is required, which means the process avoids the lengthy PERM stage.
• Immediate family members (spouse and unmarried children under 21) can also qualify for Green Cards as dependents.
• For those with the required capital, EB-5 can be a faster and more flexible path compared to employment-based categories that depend on employer sponsorship.

Why Does EB-5 Stand Out?

Unlike other employment-based categories, EB-5 is not tied to your job title, degree, or employer. Instead, it’s based on your financial contribution and the impact you have on job creation. 

This makes it especially appealing to entrepreneurs and investors seeking both opportunity and residency in the U.S.

How Temporary Work Visas Pave the Way to a Green Card?

Many temporary visas, like H-1B and L-1, allow holders to transition to employment-based Green Cards through specific application processes.

Temporary work visas are often the first step for foreign professionals seeking a long-term future in the United States. 

While these visas are time-limited, some, like the H-1B and L-1, are structured to support a transition to permanent residency. 

This makes them powerful “bridge visas” for those aiming for a Green Card.

H-1B to Green Card: The Dual Intent Advantage

H-1B allows dual intent! Which means holders can pursue permanent residency without jeopardizing their temporary status.

Why the H-1B Is So Popular

The H-1B visa is one of the most common starting points for professionals in specialty occupations such as IT, engineering, finance, and healthcare. It often leads to an EB-2 or EB-3 Green Card.

The Dual Intent Benefit

Unlike many other nonimmigrant visas, the H-1B is a dual intent visa. This means you can:

• Work in the U.S. temporarily.
• At the same time, you can apply for a Green Card without risking your H-1B status.

This flexibility is a significant advantage, as it allows you to begin the Green Card process from day one of your H-1B status.

Extensions Beyond Six Years

Usually, H-1B status is capped at six years. However, if your Green Card process is already underway, you may qualify for extensions. 

For instance:

• If your I-140 petition is approved but your priority date is not yet current, you can extend your H-1B beyond the six-year limit.

This provision helps professionals like you remain in the U.S. legally while waiting for their Green Card.

Extra Benefits During the Process

Once you file Form I-485 (Adjustment of Status), you can also apply for:

• Employment Authorization Document (EAD): This allows you to work for any employer, not just your H-1B sponsor.
• Advance Parole (AP): Allows you to travel internationally while your Green Card application is pending. 

Applicants using Advance Parole based on a pending Form I-485 are exempt from the $1,000 Immigration Parole Fee, per the DHS Notice of Immigration Fee, Exception #7, as implemented under the H.R. 1 Reconciliation Bill.

Why Is It Important?

The H-1B’s dual intent makes it a strategic and stable bridge visa for many foreign professionals. It provides both security and flexibility! This ensures that you can continue working while moving toward permanent residency.

L-1A to EB-1C (A Streamlined Corporate Path)

L-1A visa holders (multinational managers/executives) often have a streamlined path to an EB-1C Green Card because of the similar requirements.

Why the L-1A Is a Strong Bridge

The L-1A nonimmigrant visa is for intracompany transferees serving as managers or executives. For many, this visa serves as a direct stepping stone to obtaining the EB-1C Green Card.

Key Similarities Between L-1A and EB-1C

Both the L-1A visa and the EB-1C Green Card require:

• A qualifying relationship between the foreign company and the U.S. company (such as parent, subsidiary, or affiliate).
• The applicant must have worked in a managerial or executive capacity for at least one continuous year abroad within the past three years.

The Main Difference

While the L-1A visa can be filed as soon as the U.S. entity is established, the EB-1C petition requires the U.S. company to have been “doing business” for at least one year before filing. 

This ensures the U.S. operation is stable enough to support a permanent executive or managerial role.

No Labor Certification Required

Like other EB-1 categories, the EB-1C does not require a PERM labor certification. 

This makes the process faster and more predictable than in EB-2 or EB-3 cases, which depend on labor market testing.

Why It Matters

For multinational corporations, the L-1A to EB-1C route is one of the most efficient ways to secure permanent residency for top-level executives and managers. 

It also provides stability for the employee and continuity for the company’s U.S. operations.

The Multi-Step Green Card Application Process

The process typically involves Labor Certification (PERM), Immigrant Petition (I-140), and Adjustment of Status (I-485) or Consular Processing.

The employment-based green card process is not a single form or application; it’s a series of steps that must be completed in order. 

For most applicants, the journey begins with PERM labor certification, followed by the I-140 immigrant petition, and finally, either Adjustment of Status (I-485) or Consular Processing.

Step 1: Labor Certification (PERM)

PERM ensures no qualified U.S. workers are available for the position, protecting the domestic labor market.

When PERM Is Required

• Mandatory for most EB-2 (non-NIW) and EB-3 petitions.
• Not required for EB-1, EB-2 NIW, or EB-5 categories.

Purpose of PERM

The Department of Labor (DOL) uses PERM to confirm that:

• No qualified, willing, and available U.S. workers are displaced.
• Hiring a foreign worker will not negatively affect the wages or working conditions of U.S. employees.

The PERM Process

1. Prevailing Wage Determination (PWD):
   • Employer requests the minimum wage for the role from the DOL.
   • Valid for 90 days to one year.
2. Recruitment Efforts:
   • Employer must conduct good faith recruitment, including:
     • Job order with the State Workforce Agency for 30 days.
     • Two Sunday newspaper ads.
     • Additional recruitment methods for professional roles.
   • All ads must be less than 180 days old at the time of filing.
3. ETA Form 9089 Filing:
   • After recruitment and a mandatory 30-day waiting period, the employer files the PERM application electronically with the DOL.
4. Processing Time & Audits:
   • Standard adjudication can take several months, but due to backlogs, the total PERM process often takes between two and three years from initiation (PWD filing) to certification.
   • Audits (random or targeted) may extend the process by many months, sometimes by more than 1.5 years.

PERM is often the longest and most technical stage of the employment-based green card process. Errors in recruitment or wage determination can cause costly delays, which is why many employers rely on experienced immigration attorneys to manage this step.

Step 2: Immigrant Petition (Form I-140)

Form I-140 is filed by the employer (or self-petitioner) to formally request USCIS to classify the foreign worker under an EB category.

What Is Form I-140?

The Immigrant Petition for Alien Worker (Form I-140) is the second step in the employment-based green card process. It is filed with U.S. Citizenship and Immigration Services (USCIS) after PERM approval (if required).

Who Can File?

• Employer-Sponsored Cases: Most EB-2 and EB-3 petitions are filed by the U.S. employer.
• Self-Petitioning Cases: Certain categories, such as EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver), allow applicants to file without employer sponsorship.

What Must Be Included?

• Approved PERM labor certification (if required).
• Evidence that the applicant meets the eligibility criteria for the chosen EB category (e.g., advanced degree, exceptional ability, or extraordinary talent).

Premium Processing Option

• For an additional fee, applicants can request Premium Processing, which guarantees a decision within 15 business days for most categories (others are 30 days)
• Some categories may have a 45-day premium timeline, depending on USCIS updates.

Why is this step necessary?

The I-140 petition is the formal request to USCIS to recognize the applicant under a specific employment-based category. Approval of this petition is essential before moving on to the final stage, Adjustment of Status (I-485) or Consular Processing.

Regular I-140 processing times vary by service center and category, but average around 8 months (many fall in the 6–9 month range). Source: USCIS Processing Times for Form I-140 

With Premium Processing, the timeline is reduced to 15-45 business days, depending on the category and form. Source: USCIS – Premium Processing Information

Step 3: Adjustment of Status (Form I-485) or Consular Processing

The final step to obtain permanent residency, either from within the U.S. (I-485) or abroad (Consular Processing), is to get a visa once it is available.

Visa Availability Requirement

According to the monthly Visa Bulletin, this stage begins only when an immigrant visa is “immediately available”. Your priority date must be current before you can move forward.

Adjustment of Status (Form I-485)

For applicants already in the U.S., the Adjustment of Status process allows you to apply for permanent residency without leaving the country.

• Concurrent Filing: If a visa is available, you can file Form I-485 at the same time as Form I-140, or while it’s still pending.
• Job Portability (INA 204(j)): After your I-485 has been pending for 180 days or more, you may change jobs or employers, as long as the new role is in the same or similar occupational classification.
• Work & Travel Flexibility: While your I-485 is pending, you can apply for an Employment Authorization Document (EAD) and Advance Parole (AP), which let you work for other employers and travel internationally. But now you will be required to pay a $1,000 parole fee for each trip. 

Processing times vary by USCIS field office. Currently, many employment-based I-485 cases average 7–8 months, while family-based I-485 cases average 8–12 months. Some cases may take longer if interviews or local backlogs are involved (USCIS Processing Times for Form I-485).

Consular Processing

For applicants outside the U.S., the final step is handled through Consular Processing:

• The case is first reviewed by the National Visa Center (NVC).
• You’ll then attend an interview at a U.S. embassy or consulate in your home country.
• If approved, you’ll receive an immigrant visa to enter the U.S. as a permanent resident.

Dig Deeper: How to Prepare for an Effective Immigration Interview in 2026?

Navigating Timelines and Visa Availability: The Visa Bulletin

Green Card timelines are affected by annual limits, country quotas, and priority dates, as published in the monthly Visa Bulletin.

Annual & Per-Country Limits

U.S. immigration law sets an annual cap of 140,000 employment-based immigrant visas. Within this limit, there are per-country quotas based on the applicant’s country of birth. 

This means applicants from high-demand countries like India or China often face longer wait times than those from lower-demand countries.

Priority Date: Your Place in Line

Your priority date acts here as your “timestamp” in the visa queue:

• For PERM-required categories, it’s the date the Department of Labor (DOL) accepts the labor certification.
• For categories without PERM, it’s the date USCIS agrees with the I-140 petition.
• To preserve your place in line, the I-140 must be filed within 180 days of PERM approval.

The Monthly Visa Bulletin

The Visa Bulletin, published each month by the U.S. Department of State, sets the cut-off dates for each employment-based preference category and country of chargeability.

• A visa is considered “immediately available” when your priority date is earlier than the published cut-off date.
• USCIS also issues Adjustment of Status Filing Charts that indicate whether applicants may file under the “Dates for Filing” chart or must wait for the “Final Action Dates” chart.
• You can review the latest updates directly through the Visa Bulletin of the U.S. Department of State.

Visa Retrogression

Sometimes, demand for visas exceeds the limitations of supply. When this happens, visa retrogression occurs, cut-off dates move backward, or even become “unavailable.” 

This can significantly prolong the Green Card process, especially for applicants from oversubscribed countries.

Why Expert Legal Guidance is Essential for Your Green Card Journey?

Expert legal guidance is crucial for navigating complex immigration laws, avoiding errors, and optimizing your path to permanent residency.

Complexity & Risk

U.S. immigration law is highly complex, involving multi-step processes with strict deadlines and documentation requirements. Even minor errors, such as mistakes in PERM recruitment ads or omissions in filings, can trigger audits, delays, or even denials. 

In some cases, issues like inadmissibility findings can jeopardize the entire application.

Strategic Planning

An experienced immigration attorney evaluates your background, education, and employment goals to recommend the right EB category (EB-1, EB-2, EB-3, etc.).

They also help:

• Strategize priority date retention and portability between jobs.
• Identify faster routes, such as the National Interest Waiver (NIW) or EB-1 self-petition.
• Maintain lawful status while transitioning from a temporary work visa to a green card.

Meticulous Preparation

Success often depends on precise documentation and compliance with regulations. 

A green card attorney ensures:

• Recruitment efforts meet Department of Labor standards.
• Petition filings are complete, accurate, and supported by substantial evidence.
• Every step aligns with USCIS and DOL requirements to minimize the risk of rejection.

Overcoming the Challenges

Legal counsel is invaluable when:

• Responding to PERM audits or Requests for Evidence (RFEs).
• Addressing potential grounds of inadmissibility.
• Applying job portability rules (INA 204(j)), which allow job changes after Form I-485 has been pending for 180+ days.

Family Benefits

Attorneys will also guide your families through securing derivative Green Cards for spouses and unmarried children under 21, ensuring the entire household benefits from the process.

Dig Deeper: What is the Difference Between Derivative and Acquired Citizenship?

At Immigration Lawyers USA, our experienced immigration attorney, Alicia Morgan, is dedicated to guiding foreign nationals and U.S. employers through every step of the employment-based Green Card process. 

We provide personalized strategies to navigate complexities, minimize delays, and maximize your chances of achieving permanent residency.

Schedule your personalized consultation today!

Wrap Up

Knowing the differences between temporary work visas and Green Cards, the specific EB categories (EB-1 through EB-5), and the multi-stage application process is essential for success, as each stage has unique requirements, timelines, and potential challenges that demand careful planning and precise execution.

This is why you need help from an experienced immigration attorney to overcome these hurdles. 

At Immigration Lawyers USA, you’ll get everything from selecting the right EB category to preparing meticulous filings and addressing complex legal issues. You’ll also get personalized strategies to minimize delays and maximize your chances of approval.

Contact Immigration Lawyers USA today for a comprehensive consultation!