Permanent residence through a job, special skills, or an investment. Most categories start with an employer petition, and many involve a labor certification and a wait for a visa number.
Verified against official sources on 2026-10-25Last verified: 2026-10-25
Core facts, form edition dates, fees and recent notices were checked against the official pages listed below on October 25, 2026. Sections marked 'Our guidance' are our own advice, not official text. Some official pages show older 'last updated' dates.
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Overview
The United States makes about 140,000 employment-based immigrant visas available each fiscal year, and the State Department says visas are issued in the order petitions were filed, so some categories have waits of several years. There are five preference categories. In most cases an employer first gets approval from the Department of Labor (a labor certification) and then files Form I-140 with USCIS. Some people can file for themselves, and some categories need no job offer. After the petition is approved, you either apply from inside the U.S. with Form I-485 or go through the National Visa Center and a consular interview.
The five categories
Definitions as described by USCIS and the State Department on October 25, 2026.
Category
Code
Notes
Extraordinary ability, outstanding professors and researchers, certain multinational managers and executives
EB-1
No labor certification needed. People of extraordinary ability can file their own petition.
Professionals with advanced degrees, and people with exceptional ability
EB-2
Labor certification is generally required, unless a Schedule A designation or a national interest waiver applies.
Skilled workers, professionals and other workers
EB-3
Labor certification is generally required, unless a Schedule A designation applies.
Special immigrants, such as certain religious workers and some former U.S. government employees
EB-4
No labor certification needed. Cases use Form I-360 instead of I-140.
Business investors who invest in a new commercial enterprise that employs at least 10 full-time U.S. workers
EB-5
USCIS lists the investment as $1,050,000, or $800,000 in a targeted employment area. No labor certification needed.
You fit one of the five categories above, with the education, experience, achievement or investment it requires.
For most EB-2 and EB-3 cases, an employer has a real, permanent job for you and has completed the labor certification. USCIS says a labor certification expires 180 days after it is certified, so the I-140 has to be filed in time.
For EB-1 extraordinary ability, and for EB-2 with a national interest waiver, you may be able to file for yourself.
You are admissible to the U.S. Criminal history, past immigration violations and public charge concerns can matter.
Which route may apply to you?
Answer in order.
1. Do you have a U.S. employer who will sponsor you?
Yes: The employer typically starts with a labor certification (EB-2 and EB-3) and files Form I-140.
No: You may still qualify on your own: EB-1 extraordinary ability, EB-2 with a national interest waiver, or EB-5 as an investor.
2. Are you inside or outside the U.S.?
Outside the U.S.: After the I-140 is approved and your priority date is current, the National Visa Center collects fees and documents (including the DS-260), then you have a medical exam and a consular interview.
Inside the U.S.: You may be able to file Form I-485 to adjust status, but USCIS says you generally may not file until a visa is immediately available in your category. Check the Visa Bulletin.
Outside the U.S. the consular route applies. Inside the U.S., Form I-485 replaces the NVC, DS-260 and interview abroad.
Labor certification, where requiredThe employer gets approval from the Department of Labor first. It is generally required for EB-2 and EB-3, but not EB-1, EB-4 or EB-5.
Form I-140 petitionThe employer, or you if you can self-petition, files with USCIS. EB-4 cases use Form I-360.
Wait for your priority dateVisas are issued in order of filing. Check the Visa Bulletin for your category and country.
National Visa Center (NVC)Once your date is current, the NVC asks for fees and documents, including the DS-260.
Medical examBy an authorized panel physician, and required vaccinations, before the interview.
Interview and decisionA consular officer decides whether you qualify for the immigrant visa.
Entry and green cardIf approved, you travel to the U.S. and are admitted as a permanent resident.
Government fees as published by the agencies, checked on Oct 25, 2026. Fees change, so confirm on the official page before you pay. These are not Move to America's prices.
Paid to USCIS
Form
What it is for
Fee
Timing
I-140
Immigrant petition for a workerPlus an Asylum Program Fee: $600 for a regular employer, $300 for a small employer or self-petitioner, $0 for a nonprofit.
$715 paper · $665 online
Not currently verified
I-485
Adjust status (applicant 14 or older)Only if you adjust status inside the U.S.
USCIS says a request without the correct fee will be rejected, and cash can never be used for a filing or biometric fee.
Some applicants can ask USCIS for a fee waiver using Form I-912, but not for fees required under Public Law 119-21.
Medical exams, translations, passport photos and document copies cost extra.
Move to America's own charges ($2 per eligibility assessment, and optional community membership) are separate from every fee above.
Processing times
Employment-based timing depends mostly on visa availability for your category and country, shown in the Visa Bulletin, and on USCIS and consulate times. We have not verified any current figures, so we show none.
Starting the I-140 before the labor certification is approved when one is required
Missing the 180-day window after the labor certification is certified
Choosing the wrong category for your qualifications
Filing the I-485 before a visa is available in your category
Relying on an agent's promise about timing. Nobody can guarantee a date
Weak evidence of the achievements or experience the category asks for
Frequently asked questions
Do I need a job offer?
Not always. EB-1 extraordinary ability and EB-2 with a national interest waiver can be self-filed, and EB-5 is for investors. Most EB-2 and EB-3 cases need an employer.
Can I apply for a green card on my own?
In some categories, yes: USCIS notes that self-petitioners can file Form I-140 for themselves.
How long will it take?
It depends on your category and country because visas are limited each year. The State Department says some categories can have multi-year waits.
Official notices that may affect this pathway. Checked on October 25, 2026. Rules change often, so open the source before you act.
Jan 1, 2026 · White House / State Department
Entry restrictions for nationals of listed countries
A presidential proclamation effective January 1, 2026 suspends entry and visa issuance for nationals of 19 countries in full, and limits visas for nationals of 20 more. Use the lookup in the 'Entry restrictions by nationality' box below to check your nationality. The proclamation lists a small number of exceptions, and its text does not list one for immediate-relative or adoption immigrant visas.
A DHS final rule took effect on September 18, 2026. It applies to Form I-485 applications postmarked or submitted online on or after that date. Officers weigh age, health, family status, assets and financial status, and education and skills. USCIS lists a new I-485 edition dated 09/18/26.
Immigrant visa issuance pause for 75 countries ended by court order
The State Department says that as of August 21, 2026, a court order ended its January 2026 pause on immigrant visa issuance to nationals of 75 listed countries. Applicants could still apply and attend interviews during the pause. State says it is still reviewing its screening and vetting policies, so check its page for the latest. This notice is about immigrant visas.
Immigrant visa interviews are scheduled where you live
Since November 1, 2025, the National Visa Center schedules immigrant visa applicants in their country of residence or, if requested, their country of nationality.
USCIS says the mailing location for several forms changed on October 7, 2026, with a grace period for forms postmarked on or before November 9, 2026. Check the form's page for the correct address before you mail anything.
Check whether the January 2026 proclamation affects your nationality.
Full restriction
Afghanistan
Burma
Burkina Faso
Chad
Republic of the Congo
Equatorial Guinea
Eritrea
Haiti
Iran
Laos
Libya
Mali
Niger
Sierra Leone
Somalia
South Sudan
Sudan
Syria
Yemen
Travel documents issued or endorsed by the Palestinian Authority are also covered by the full restriction.
Partial restriction (immigrant visas, and B, F, M and J visas)
Angola
Antigua and Barbuda
Benin
Burundi
Cuba
Côte d'Ivoire
Dominica
Gabon
The Gambia
Malawi
Mauritania
Nigeria
Senegal
Tanzania
Togo
Tonga
Venezuela
Zambia
Zimbabwe
Immigrant visas only
Turkmenistan
Exceptions in the proclamation text
Lawful permanent residents of the United States.
Dual nationals travelling on a passport from a country that is not on the lists.
Holders of certain diplomatic and international organization nonimmigrant visas (A-1, A-2, C-2, C-3, G-1 to G-4, NATO-1 to NATO-6).
Certain athletes and teams, with support staff and immediate relatives, travelling for major sporting events as determined by the Secretary of State.
Special Immigrant Visas for U.S. government employees, and immigrant visas for ethnic and religious minorities facing persecution in Iran.
People who already held a valid visa on January 1, 2026. The proclamation says those visas are not revoked.
People already granted asylum in the U.S., and refugees already admitted.
Case-by-case national-interest exceptions can be granted by the Secretary of State or the Secretary of Homeland Security.
The proclamation text we read lists no exception for immediate-relative or adoption immigrant visas.
For Burundi, Cuba, Togo and Venezuela the text says entry stays limited as set out in an earlier proclamation (10949) and in this one, so check the State Department page for the exact visa categories.
We read the proclamation as published. It may have been amended since. Check the State Department page before you plan or pay for anything.
Ticking items is just a way to keep track. It does not mean your application is ready or will be approved.
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Move to America is an independent information and preparation service. We are not a government agency, not affiliated with USCIS or the U.S. government, and not a law firm. Nothing here is legal advice, and we cannot guarantee any visa or immigration outcome.