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.


'Your American Dream Starts Here', h1b planet, h1bplanet, and h1bplanet.com are service marks of The Law Offices of Morley J. Nair. Copyright 2008-2013.

DISCLAIMER: The information on this website is of a general nature only and should not be taken as legal advice. Always seek professional legal advice before proceeding with your case.

(C) The Law Offices of Morley J. Nair, 2008-2013, All rights reserved. Sitemap