Employment-Based Immigration to the U.S. in 2025: A Step-by-Step Guide for Global Professionals
In 2025, the United States continues to attract highly skilled professionals through one of the world’s most structured employment-based immigration systems. Unlike temporary work visas, immigrant employment categories (EB-visas) lead directly to a Green Card and permanent residence.
This article explains how employment-based immigration works in plain language — the key EB categories, the difference between EB-2 and EB-3, how the process varies for applicants inside and outside the U.S., and specific considerations for citizens of Eastern Europe and CIS countries.
What Is Employment-Based Immigration and How It Differs from Temporary Work Visas
Employment-based immigration allows a foreign national to obtain permanent residence in the United States through professional merit, education, or an employer’s petition. Unlike temporary visas such as H-1B or L-1, immigrant categories lead to lawful permanent residence.
Each fiscal year, about 140,000 employment-based Green Cards are allocated under categories EB-1 through EB-5. Higher categories target exceptional professionals and researchers, while EB-3 covers skilled and other workers.
The process usually includes PERM Labor Certification from the Department of Labor, filing of Form I-140 with USCIS, and finally either Adjustment of Status (I-485) or Consular Processing.
Main Employment-Based Visa Categories (EB-1 – EB-5)
Employment-based visas are divided into several preference categories (EB-1 to EB-5), each addressing a particular level of education, achievement, or investment.
EB-1 – Extraordinary Ability
For individuals with outstanding achievements in science, arts, business, education, or sports, and for multinational executives.
Examples: scientists, researchers, top corporate managers.
EB-2 – Advanced Degree Professionals
For professionals holding a master’s degree or equivalent experience and for those with exceptional abilities in their field.
Examples: engineers, physicians, data analysts.
EB-2 NIW – National Interest Waiver
Allows self-petition without an employer if the applicant’s work is deemed beneficial to U.S. national interests.
Examples: researchers, AI experts, climate and energy specialists.
EB-3 – Skilled Workers & Professionals
For qualified workers with at least two years of experience and for professions in short supply in the U.S.
Examples: nurses, technicians, chefs, construction specialists.
EB-4 – Special Immigrants
Covers religious workers, employees of international organizations, and certain government officers.
Examples: missionaries, diplomats, volunteers.
EB-5 – Investment Program
Provides permanent residence for investors who invest at least $800 000 in U.S. enterprises creating 10 jobs or more.
Examples: business owners, entrepreneurs.
EB-2 vs EB-3 in 2025 — Key Differences
Both categories lead to a Green Card but differ in academic requirements, experience thresholds, and processing time.
EB-2 is ideal for advanced-degree professionals or those with nationally significant projects, while EB-3 covers qualified workers in critical industries.
Step-by-Step Roadmap for Employment-Based Immigration
- Choose the correct EB category (EB-2, EB-3, or NIW). Determine eligibility based on your education, work experience, and whether a U.S. employer will sponsor you.
- PERM Labor Certification — Department of Labor. The employer advertises the job, proving that no qualified U.S. worker is available. Once approved, the PERM certificate accompanies Form I-140.
- File Form I-140 with USCIS. This petition confirms that you meet category requirements and establishes your Priority Date for the Visa Bulletin.
- Wait for your Priority Date to become current. Each month the U.S. Department of State publishes the Visa Bulletin listing dates eligible to file I-485 or attend an interview.
- Final filing — I-485 (AOS) or Consular Processing. Applicants inside the U.S. file Adjustment of Status; those abroad proceed through the National Visa Center (NVC) for consular interview.
- Medical exam and biometrics. Conducted by a USCIS-approved physician; fingerprints and photo are collected at an Application Support Center.
- Green Card issuance. After approval, the physical Permanent Resident Card (Form I-551) arrives by mail within 2–6 weeks.
Average processing time ranges from 12 to 24 months. NIW cases skip the PERM stage and may be completed faster.
H-1B and L-1: Temporary Work Visas and the Path Toward Permanent Immigration
For many professionals, a temporary work visa becomes the first step before a Green Card. The most common categories are H-1B (for skilled professionals) and L-1 (for intracompany transferees).
| Criterion | H-1B | L-1 |
|---|---|---|
| Eligible Applicants | Foreign professionals with a bachelor’s degree or higher | Employees transferred from a foreign branch to a U.S. affiliate |
| Requirements | Bachelor’s degree in a specialty occupation | At least one year of employment abroad with the same company |
| Maximum Duration | 6 years | 7 years |
| Transition to Green Card | Through EB-2 or EB-3 with employer sponsorship | Through EB-1C (managers and executives) |
| Annual Quota | 85 000 visas per year | No numerical limit |
Many professionals begin their U.S. journey on H-1B or L-1 status and later adjust to an immigrant category such as EB-2 or EB-1C. This is a practical way to transition from temporary employment to permanent residency.
Two Paths for Applicants: Inside the U.S. and Abroad
If You Are Already in the United States
- File Form I-485 (Adjustment of Status) without leaving the country.
- Remain in legal status until USCIS issues a decision.
- May obtain Work Authorization (EAD) and Advance Parole for travel.
- Interview is scheduled at a local USCIS office.
Frequent Mistakes in Employment-Based Immigration Cases
- Incorrect document translations. USCIS rejects cases when translations are not certified or contain factual errors.
- Unverified work experience. Letters without official signatures or company stamps are not accepted as proof.
- Wrong visa category selection. Filing EB-3 instead of EB-2 may cause long priority-date backlogs.
- Status gaps between visas. Even a one-day out-of-status period can block future Adjustment of Status eligibility.
- Passive waiting. While priority dates are pending, gather publications and recommendations to strengthen your next petition.
Specific Considerations for Applicants from Eastern Europe and CIS Countries
- Document translation and verification. All documents must be translated into English with notarized certification. Machine translations are not accepted by USCIS or DOL.
- Proof of work experience. Reference letters should include official titles, dates, duties, and be printed on company letterhead.
- Dual intent visas. If you are currently in the U.S. on F-1 or B-1/B-2 status, consult an immigration attorney before filing a Green Card petition to avoid status conflicts.
- EB-2 NIW for STEM and innovation fields. Applicants from the region often succeed with well-documented research, patents, or pilot projects with practical utility for the U.S.
Arvian Practice Insight: Approved NIW cases frequently involve robotics engineers, data scientists, and solution architects whose projects demonstrate national benefit beyond academic value.
Five Questions to Ask Your Immigration Attorney Before Filing
- Can I self-petition through EB-2 NIW or EB-1A without an employer?
- Does my education and experience fit EB-2 or EB-3 criteria, and what are my realistic approval odds?
- Do I need PERM Labor Certification or can it be waived?
- Which path is faster for me — Adjustment of Status in the U.S. or Consular Processing abroad?
- What evidence should I collect in advance (diplomas, letters, publications, contracts)?
A qualified attorney does more than file forms — they develop a strategy: which evidence to highlight, how to structure recommendations, and how to align your case with USCIS standards.
Frequently Asked Questions
What is PERM and why is it required?+
PERM is the Labor Certification issued by the U.S. Department of Labor confirming that no qualified U.S. worker is available for the position. It is a prerequisite for most employment-based petitions.
Can I change employers after filing Form I-140?+
Yes, if more than 180 days have passed since filing Form I-485 (Adjustment of Status). Your Priority Date remains valid under AC21 portability rules.
How long does EB-2 NIW processing take?+
Currently 8–12 months on average. Premium Processing (15 calendar days) is available for STEM and research-based cases.
Can I apply without a U.S. employer?+
Yes, through EB-2 NIW or EB-1A (Extraordinary Ability) categories that allow self-petition if you prove your national or exceptional impact.
What if my visa is delayed due to quotas?+
You must wait until your Priority Date becomes current in the Visa Bulletin. Meanwhile, you may renew your EAD and maintain lawful status.
Official Sources and Research Data
-
USCIS — United States Citizenship and Immigration Services
Processes immigration petitions (I-140, I-485, I-765) and sets policy for employment-based immigration. -
U.S. Department of State — Visa Bulletin
Monthly publication defining Priority Dates for each country and category. -
U.S. Department of Labor — Foreign Labor Certification
Guidelines for PERM and official labor market statistics for employment-based cases. -
Migration Policy Institute (MPI)
Independent think tank analyzing global labor migration and U.S. immigration policy trends. -
Pew Research Center
Sociological data on migration flows, employment integration, and public attitudes toward immigration.
Data verified as of November 2025 using official USCIS, DOL, and U.S. Department of State sources, with additional analysis from MPI and Pew Research Center.
