Exploring Business Green Card Categories

If you’re dreaming of working and living in the United States, your dream may not be as distant as you might think. And business immigration may be your ticket to building a life in the U.S. 

But with so many different business green card categories out there, it’s easy to feel overwhelmed. Whether you’re a superstar in your field eyeing an EB-1A, a skilled professional looking at EB-2 or EB-3 options, or an extraordinary talent considering an O-1 visa that could lead to permanent residency, our attorneys at Naya Immigration are here to give you the guidance you need to achieve your goals. 

Looking for the best path forward for your specific situation? Schedule a consultation with our green card attorney by calling at 650-499-5187. 

Employment-based visas are the heart of business green cards. According to the United States Citizenship and Immigration Services (USCIS), the government sets aside about 140,000 of these precious visas each fiscal year. That might sound like a lot, but when professionals from around the world are competing for them, the line can get pretty long. 

The U.S. immigration system has five main categories—EB-1 through EB-5—each designed for different kinds of professionals. Let’s look at each of these categories in more detail. 

First up is the EB-1 category, which is for people who are at the top of their game: extraordinary talent, brilliant researchers, or high-flying executives. It’s split into three subcategories: 

Why do immigrants love EB-1? It’s fast, and priority dates are often current, meaning less waiting. Plus, no labor certification is required. This means your employer doesn’t need to prove no U.S. workers are available for the role. 

Next up is EB-2, a category for professionals with advanced degrees or exceptional abilities. It’s a bit more accessible than EB-1 but still calls for serious credentials: 

The EB-3 category typically has longer waiting periods than EB-1 or EB-2, especially for applicants from countries with high demand like China, India, Mexico, and the Philippines. 

EB-4 visas are for religious workers, certain former U.S. government employees, and other special cases. The requirements vary depending on the specific subcategory. The EB-5 category is for immigrant investors. If you’ve got money to invest, all you have to do is put $1,050,000 (or $800,000 in high-unemployment areas) into a U.S. business that creates 10 jobs, and you’re in. No employer is needed—just cash and a vision. It’s a fast track for entrepreneurs. 

Applying for a business green card isn’t just filling out a form—it’s about proving you meet the eligibility criteria. The documents you need depend on your category, though there are some general documents that are usually required for all categories: 

Okay, let’s get more specific here based on the business green card category. 

You can demonstrate extraordinary ability for an EB-1A visa with:

Professors and researchers need to show the following documentation when applying for an EB-1B visa: 

If you’re applying for an EB-1C visa as a manager or executive, you’ll need: 

Documents for an EB-2 visa include:

For an EB-2 NIW visa, you need the same as above, plus proof your work benefits the U.S. (research impact, testimonials).

When applying for an EB-3 visa, you need to bring: 

As for the EB-5 application, you’ll need to demonstrate investment proof (audited financial statements, business plans) and evidence of 10 job creations (this could be payroll records). 

For many employment-based green cards (particularly EB-2 and EB-3), the labor certification process is a critical step. This process, known as PERM (Program Electronic Review Management), requires employers to: 

This process can take 24-36 months or longer and must be completed before filing the I-140 petition. 

Gathering all the documents for your application can feel like a treasure hunt, right? Missing one piece could slow you down. Our team at Naya Immigration has seen it all—we’ll help you track down every document and make sure your application is spot-on. 

Okay, so you’ve got your category and your documents. Now it’s time to apply. In this section, we’ll walk through this process step-by-step. 

For most employment-based green cards, your employer will start by filing Form I-140, Immigrant Petition for Alien Worker, with USCIS. If you’re self-petitioning (possibly with EB-1A or EB-2 NIW), you’ll file this form yourself. 

The petition must include all required supporting documentation and the appropriate filing fee. How long will this take? Processing times vary greatly depending on the service center and visa category, ranging from several months to over a year. 

Due to annual limits on the number of employment-based green cards, there are often backlogs, especially for applicants from countries with high demand like China and India. The Department of State publishes a monthly Visa Bulletin showing which priority dates are current. 

Your priority date is established when your PERM labor certification is filed (or when your I-140 is filed if PERM isn’t required). You can proceed to the next step once your priority date becomes current. 

Once your I-140 is approved and your priority date is current, you have two options for obtaining your green card:

“Which approach is best?” you might be wondering. For many people, the decision between adjustment of status and consular processing comes down to timing and personal circumstances. At Naya Immigration, we help our clients weigh factors like processing times, travel needs, and family situations to determine the best approach. 

Whether you’re adjusting your status in the U.S. or going through consular processing abroad, you’ll likely need to attend an interview. During this interview, an immigration officer will:

It’s crucial to be honest and thorough in your responses. Bring original copies of all documents submitted with your application. 

After your interview, you’ll receive a decision on your application. If approved, your green card will be mailed to your U.S. address if you went through an adjustment of status. However, if you went through consular processing, you’ll receive an immigrant visa packet to present upon entry to the U.S., and your green card will be mailed to your U.S. address after arrival. 

When the long-awaited email saying “Your immigrant visa has been approved” arrives, you may not realize this right away, but it means one thing: you’re actually moving to the United States. 

If you went through consular processing and received an immigrant visa, you’ll need to enter the U.S. before the visa expires (typically within six months of issuance). 

Upon arrival at a U.S. port of entry:

This entry officially grants you lawful permanent resident status, even before you physically receive your green card. 

Your physical green card (Form I-551) should arrive by mail within 45 days of:

If you don’t receive your card within this timeframe, contact USCIS or seek assistance from an immigration attorney. 

To maintain your permanent resident status, you must:

If you need to leave the U.S. for an extended period, consider applying for a re-entry permit before departing. 

Many permanent residents eventually pursue U.S. citizenship through naturalization. Generally, you can apply for citizenship: 

But pursuing U.S. citizenship is a whole different process that requires careful planning and preparation. If you need help, our citizenship and naturalization lawyer is here to help. 

At Naya Immigration, we don’t just stop at approval—we’re here for the long haul. Need help with applications, denials, renewals, or citizenship? Reach out. Let’s chat about your story and find the perfect path for you. We’re your partners in this journey. Call at 650-499-5187 or send us a message online to get your consultation.