A foreign national in the US on H1B status can pursue permanent residence (popularly known as “Green Card”) in the US.
Usually, H1B holders qualify in the following Employment-Based categories:
First Preference (Employment-Based 1, or EB-1)
- Persons of “extraordinary ability”
- Outstanding Professors and Researchers
- Multinational Executives and Managers
No Labor Certification is required for these categories. For persons of category (a), i.e., extraordinary ability in the sciences; arts, education, business, and athletics, a job offer is also not required
Second Preference (Employment-Based 2, or EB-2)
- Persons of “exceptional ability”
- Advanced degree professionals
Job Offer and Labor Certification are required in these categories. Job Offer can be waived in the national interest, in which case Labor Certification is also not required.
Third Preference (Employment-Based 3, or EB-3)
- Professionals with bachelor's degrees
- Skilled workers
- Unskilled workers
The beneficiary should have a job offer and the employer should complete the Labor Certification process.
For answers to frequently asked questions, click here.