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Permanent Workers

Employers may file a petition for an individual to be authorized to live and work permanently in the United States.

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Who is eligible?
How to Apply
What Happens After You Apply
Forms and Fees
 

Who is eligible?

Approximately 140,000 employment-based immigrant visas (divided into five preference categories – EB-1 through EB-5) are available each fiscal year for aliens (and their qualifying spouses and children) who seek to immigrate permanently to the United States based on ability, occupation, education, skills, special circumstances, or investment in the United States.

For the first three employment-based immigrant visa categories (EB-1, EB-2 and EB-3), if an individual has the right combination of skills, education, and/or work experience and is otherwise eligible and admissible to the United States, he or she may be able to live permanently in the United States.

Permanent Worker Visa Preference Categories:

Since each category of Employment-Based (EB) Immigrant Visas have different requirements, please refer to the eligibility requirements found on each separate page, prior to filing a petition:

 

 

 

How to Apply

To begin the petition process for the EB-1, EB-2 and EB-3 Visas, you (the employer) must:

 

  • If required for the specific visa category, obtain an approved Application for Permanent Labor Certification from the U.S. Department of Labor (DOL). (If a labor certification is not required for the visa category, the employer or self-petitioner only needs to file the Form I-140 and other required documents.)

  • Complete the Form I-140, Immigrant Petition for Alien Worker. Review the Form I-140 instructions for directions on completing the Form I-140.

  • Submit the Filing Fee(s). Include the appropriate filing fee with the Form I-140.

  • Submit evidence. Include all required initial evidence and supporting documentation for the Form I-140.

  • Sign and File the Form I-140. File the petition at the correct filing location according to the form instructions.

 

To begin the petition process for the EB-4 Visa, you or your employee must:

 

  • Complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Review the Form I-360 instructions for directions on completing the Form I-360 and the relevant Supplements.

  • Submit the Filing Fee(s). Include the appropriate filing fee with the Form I-360 and biometrics services fee, if applicable.

  • Submit evidence. Include all required initial evidence and supporting documentation for the Form I-360.

  • Sign and File the Form I-360. File the petition at the correct filing location according to the form instructions.

 

For information about the EB-5 petition process and the Immigrant Investor Program, see the EB-5 Immigrant Investor page.

 

What Happens After You Apply

Once USCIS receives the Form I-140 requesting an EB-1, EB-2, or EB-3 permanent worker, we will process the petition and then you (self-petitioner) or you (employer) will receive:

  • A receipt notice for the Form I-140, Immigrant Petition for Alien Worker

  • A request for evidence, if USCIS determines that additional information is required before a final decision can be made on the petition.

  • A written notice of decision.

EB-4 Visa

Once USCIS receives the Form I-360, we will process the petition and then you will receive:

  • A receipt notice for the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

  • A notice for biometric services appointment

  • A written notice of decision

 

 

Forms and Fees

Form I-140, Immigrant Petition for Alien Worker, $700 filing fee

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, $435 filing fee

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This page was last updated or reviewed on December 23, 2016

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