Employment-Based Green Card: How Can You Obtain It?

Request A Consultation

The dream of relocating to the United States for work captivates countless individuals worldwide. At the heart of this aspiration is the employment-based Green Card. This document paves the way for talented individuals to make the United States their new home. It grants them the freedom to work and contribute to the diverse American landscape with the help of an immigration lawyer.

The process, the perks, and the possibilities—there’s so much to explore. So, whether you’re just curious or actively considering this route, let’s unravel the intricacies of this employment-based opportunity together.

An Experienced Immigration Lawyer Can Give You The Legal Advice You Need To Start Your Employment-Based Green Card Process

What Is An Employment-Based Green Card?


A Green Card for employment-based immigrants is like a special ticket. It lets people from foreign countries live and work in the United States because of their job skills. There are various ways to attain permanent residency through this pathway.

Imagine living and working in the country, meeting new people, and enjoying a good life. For many, it’s a chance to tap into world-class professional opportunities, access quality education for their children, and embrace diverse cultural experiences.

Moreover, the stable economy, comprehensive healthcare facilities, and the promise of a better quality of life have always attracted foreign nationals. Obtaining this Green Card means a step closer to these aspirations, fostering personal growth and ensuring a brighter future for their families.

Who Can Apply For A Green Card Through Employment?


Jobs are diverse, and so are the ways of obtaining a permanent residence with them. Here are a few paths that you can take when applying for a Green Card. Holders of the following Visas can submit an application to obtain a permanent resident card in the United States.

EB-1 Visa: Exceptional Ability


The EB-1 category stands out for individuals who have achieved notable heights in their respective domains. It may be about science, arts, education, business, or athletics. This category is for those who can showcase substantial accomplishments with sustained recognition on national and international platforms.

Three main types under the EB-1 category are:

  • EB-1a: Recognizing Extraordinary Ability.
  • EB-1b: Dedicated to Outstanding Professors or Researchers.
  • EB-1c: Designed for Key Managers or Executives in multinational corporations.

EB-2 Visa: Advanced Degree Or Exceptional Ability


The EB-2 Visa allows the brightest from around the world to bring their expertise to the United States. It recognizes the value of specialized education and unique talents, ensuring that the United States remains a hub for global talent.

Whether it’s groundbreaking research, artistic brilliance, or pioneering innovations, this Visa acknowledges the contributions these individuals can make to the American landscape. As a result, it benefits the Visa holders and the industries and communities they join.

EB-3 Visa: Skilled, Professional, Or Other Workers


The EB-3 category offers a diverse range of skilled, professional, and other types of employment-based applicants. While the requisites might be less strict than EB-1 and EB-2, the waiting period can be longer. The classifications include:

  • Skilled Workers: Requires two years of experience, training, or education.
  • Professionals: Those with a Baccalaureate degree or its foreign equivalent.
  • Other/Unskilled Workers: Generally, positions with less than two years of required training or experience.

EB-4 Visa: Special Immigrants


The EB-4 category is a unique segment catering to special immigrants. Primarily beneficial to religious workers, it also extends to specific groups, including certain armed force members and physicians. An allocated quota sees about 10,000 EB-4 Visas annually.

EB-5 Visa: Investors


Tailored for foreign nationals ready to make substantial investments in U.S. businesses, the EB-5 is the fifth preference. Whether you’re eyeing a brand new venture or considering breathing life into an existing struggling company, the EB-5 might be your bet.

From healthcare to hospitality and agriculture to entertainment, the scope for EB-5 investments is vast and varied. The good news? This Visa often has a faster processing timeline than others in employment-based immigration. It waives the need for a PERM Application or Labor Certification, making it a preferred choice for affluent foreign nationals seeking permanent U.S. residency.

What Are The Benefits Of A Permanent Resident Card?


The Green Card is more than just a piece of document. It’s a gateway to many opportunities and advantages that can reshape an individual’s future. Here’s why it’s so sought after:

A New Life In The United States


Once you have a Green Card, you can live and work in the United States indefinitely. This is as long as you don’t commit any actions that would make you removable under immigration law. You can also bring immediate family members. Permanent resident card holders can petition for their spouses and children under 21 to live, study, and work in the country.

Career & Education Advancements


With this Green Card, there are no restrictions on the type of job role or industry you can explore. It opens the door to a vast market of job opportunities, promotions, and career switches, which might not be feasible in one’s home country.

The United States is also home to some of the world’s leading educational institutions. With a Green Card, individuals (and their families) can access these schools, often at resident rates, and apply for financial aid.

A Journey Towards U.S. Citizenship


Individuals can apply for U.S. citizenship after a few years of holding a permanent resident card. This can be a monumental milestone for many, allowing them to vote, run for public office, and enjoy many other civic rights.

Access To Federal Benefits


Several federal advantages, previously inaccessible, become available to Green Card holders. This includes social security benefits after retirement and research grants.

Key Steps In The Application Process


Securing a Green Card or an immigrant Visa isn’t a walk in the park. It requires diligence, accurate documentation, and following the stipulated process.

Confirm Eligibility


Depending on the category, applicants must first ensure they meet the criteria. This can range from years of employment, specific accolades, or investment capabilities.

Submit An Application


The employer usually files Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Service (USCIS). Once approved, it sets the ball rolling for the next steps.

Wait For The Priority Date


The priority date, often the day USCIS receives Form I-140, becomes crucial. In conjunction with the Visa Bulletin, this date determines when the applicant can move forward.

Adjustment Of Status Or Consular Process


The priority date may already reach the front line, and a Green Card becomes available. By then, applicants within the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status. Those outside the country undergo the consular process in their home country.

Challenges & Solutions In Getting A Green Card


Like every bureaucratic process, the journey to a permanent resident card has hurdles. Awareness of such challenges can make all the difference.

Delays & Documentation


One of the major stumbling blocks in the process lies in the documentation. Completing forms and gathering the necessary supporting papers might seem straightforward. Still, a small oversight can throw a wrench into the process.

Incorrect or incomplete documentation can lead to unnecessary delays or even outright denials. Hence, the first rule of thumb? Double, even triple-check everything. It’s not just about filling out the forms; it’s about ensuring that every piece of information aligns, all documents are up-to-date, and the deadline is met.

Changing Jobs Or Roles


Amidst the waiting period, which can span several years for certain categories of Green Card applicants, life happens. Job roles evolve, better opportunities beckon, or company restructures might necessitate a change.

It’s a significant concern: What happens to the Green Card application if there’s a job switch? Thankfully, the U.S. immigration system provides provisions for job portability under certain conditions. However, it’s more complex than jumping ship. Applicants must keep the USCIS in the loop, updating them about significant changes. Also, understanding how these changes might impact the application is crucial.

Financial Considerations


Get The Immigration Legal Help You Need To Apply For Your Employment-Based Green Card In Texas

It’s not just about the paperwork; there’s a financial side to the journey. The expenses can add up quickly between the USCIS fees, potential attorney charges, and other miscellaneous costs. Before embarking on this journey, applicants need to have a comprehensive understanding of all the potential costs.

This includes being aware of the fees, understanding when and how to make payments, and knowing the possibilities of refunds or unforeseen additional charges. Having a financial plan or budget can help avoid last-minute surprises.

Let An Immigration Lawyer Guide You


Amidst the complexities of securing a Green Card, having the right guidance is invaluable. This is where Lozano Law Firm steps in with its help. Their seasoned immigration attorneys simplify the process and offer tailored solutions to navigate challenges.

From documentation accuracy to issues from job changes, their guidance ensures a smoother journey. With Lozano Law Firm, you gain a trusted partner to make all the difference in getting a Green Card.



Securing a Green Card is a transformative journey that can open doors to a stable future in the United States, unbounded career possibilities, and the opportunity to reunite families. Individuals can find a pathway to make the United States their new home through various employment categories such as EB-1 for exceptional ability, EB-2 for advanced degrees, EB-3 for skilled workers, EB-4 for special immigrants, and EB-5 for investors. This document offers more than legal status—it provides a chance for personal and professional growth.

Obtaining permanent residency through employment involves confirming eligibility, submitting applications, waiting for priority dates, and navigating consular processes or adjustment of status. Along the way, there may be challenges such as documentation errors, job changes, and financial considerations. However, with guidance from experienced Green Card attorneys, you can confidently tackle these issues.

About Alfredo Lozano

alfredo lozano of lozano law firm inAlfredo Lozano is the founder and principal attorney at Lozano Law Firm, an immigration law firm serving the communities of San Antonio, Eagle Pass, Laredo and San Angelo in business and family-based immigration law. Mr. Lozano is a member of the State Bar of Texas, the San Antonio Bar Association, and the American Immigration Lawyers Association.

Scroll to Top