Employment Visas

Whether you are a worker looking for a work-based path to a Green Card, or an employer that wants to sponsor a worker, employment-based immigration has five preference categories, known as EB-1 through EB-5.

Call me to talk about your case: (405) 726-1075

The five employment-based categories

• EB-1: people with extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; and certain multinational managers and executives (INA 203(b)(1)).
• EB-2: professionals with advanced degrees, or people with exceptional ability in the sciences, arts or business. Some may request a National Interest Waiver of the job offer and labor certification (INA 203(b)(2)).
• EB-3: skilled workers, professionals, and other workers (INA 203(b)(3)).
• EB-4: “special immigrants,” which include certain religious workers and several other groups defined in the law (INA 203(b)(4), INA 101(a)(27)).
• EB-5: immigrant investors who make the required investment in a new U.S. commercial enterprise and create at least 10 full-time jobs for qualifying U.S. workers (INA 203(b)(5)).

How does the process usually work?

1. Labor certification (when required). Many EB-2 and EB-3 cases start with the employer obtaining a permanent labor certification (PERM) from the U.S. Department of Labor, which tests the U.S. labor market for the position. EB-1 cases, National Interest Waiver cases and EB-5 cases do not need a labor certification.
2. Immigrant petition. The employer (or, in some categories, the worker) files Form I-140, Immigrant Petition for Alien Workers, with USCIS. Investors file Form I-526 or I-526E instead.
3. Waiting for a visa number. Each category has annual limits and per-country limits. The Department of State publishes monthly cut-off dates in the Visa Bulletin.
4. Green Card. When a visa is available, the worker applies through adjustment of status in the U.S. (Form I-485), if eligible, or through the National Visa Center and a U.S. consulate abroad.

Note: the Labor Condition Application (LCA) is a different Department of Labor filing used for temporary H-1B, H-1B1 and E-3 workers. It is not the labor certification used for Green Cards.

Current USCIS filing fees

According to USCIS Form G-1055, Fee Schedule (edition 10/16/26):

• Form I-140: $715 paper filing / $665 online filing, plus an Asylum Program Fee of $600 for most employers ($300 for small employers and self-petitioners, $0 for nonprofits).
• Optional premium processing (Form I-907) for eligible I-140 categories: $2,965.
• Form I-526 and I-526E (investors): $3,675.

Fees change. Always confirm on the USCIS Fee Schedule before filing.

Legal references

• INA 203(b), employment-based preferences; INA 212(a)(5)(A), labor certification.
• 8 CFR 204.5 (employment-based petitions), 8 CFR 204.6 (investors), 20 CFR part 656 (PERM labor certification).

If you would like more information about employment-based immigration, or you need help with the process, please contact my office to schedule a consultation.

Call me: (405) 726-1075 · christine@cghoffmanlaw.com

This page is not legal advice. It is general information based on official government sources as of October 20, 2026. Immigration laws, policies, fees and processing change often, and every case is different. Reading this page does not create an attorney-client relationship. No outcome is guaranteed. Please contact me to discuss your specific situation.