Immigrating through work means choosing which category your case competes in. In the first two routes below, you file the petition yourself, with no employer at all. In the other two, the job offer and the labor certification drive the process. The choice determines the evidence you will gather, the timeline and the queue.
EB-1A: the top of your field
For those with national or international recognition sustained over time. It is proven with a major internationally recognized award, or with at least three of the regulation's ten items, followed by an assessment of the whole record. You file the petition yourself, with no job offer, and the queue is usually the shortest of all.
EB-2 NIW: the United States' interest in your project
A waiver that lets you seek the green card on your own, with no employer. First you establish eligibility for the EB-2 itself, through an advanced degree or exceptional ability. Then you face the three requirements of Matter of Dhanasar: the merit and national importance of the project, your position to advance it, and the balance justifying waiver of the normal requirement. There are specific rules for entrepreneurs and for science and technology fields.
PERM: the U.S. labor market test
The routes with a job offer generally start here. The Department of Labor certifies that there are no U.S. workers able, willing, qualified and available for the position, and that hiring you will not worsen Americans' wages and conditions. It is an employer's process, with a prevailing wage, recruitment counted in days, strict rules on rejecting candidates, audits, and a 180-day window to use the certification.
EB-2 with a job offer and EB-3
The EB-2 with a job offer uses the same qualification requirements as the NIW, but with the labor certification and a position that requires that level. The EB-3 has three subcategories, from the skilled worker to the one requiring less than two years of experience, the latter with its own cap of ten thousand visas a year and a far longer queue. The full page details the equivalence of a bachelor's plus five years of experience, the proof that the employer can pay the wage, and how the two queues talk to each other.
Full EB-2 with offer & EB-3 page →
Legal basis
- EB-1A: INA § 203(b)(1)(A); 8 C.F.R. § 204.5(h); USCIS Policy Manual, volume 6, part F. Details on the full page.
- EB-2 NIW: INA § 203(b)(2)(B)(i); 8 C.F.R. § 204.5(k); Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016); Policy Manual, volume 6, part F, chapter 5. Details on the full page.
- PERM: INA § 212(a)(5)(A); 20 C.F.R. part 656; Policy Manual, volume 6, part E, chapters 6 and 7. Details on the full page.
- EB-2 with a job offer and EB-3: INA § 203(b)(2) and (3) and § 204(j); 8 C.F.R. § 204.5; Policy Manual, volume 6, part F, chapters 5 and 7. Details on the full page.
Verified 24 August 2026. All four routes link to their own pages, each verified against full sources: EB-1A and EB-2 NIW on 22 Aug 2026, PERM and EB-2 with offer and EB-3 on 24 Aug 2026.
General informational content. It is not legal advice and does not create an attorney-client relationship. Immigration rules change frequently and may be enjoined by a court. Before acting, confirm that the rule is in force and consult an attorney about your own circumstances.