Employment-Based Green Cards

10 USCIS Criteria (must meet 3+)

• Receipt of lesser nationally/internationally recognized prizes or awards
• Membership in associations requiring outstanding achievement
• Published material about you in professional or major trade publications
• Participation as a judge of the work of others in the field
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
• Authorship of scholarly articles in professional publications
• Artistic exhibitions or showcases (for arts)
• Critical or essential role for distinguished organizations
• High salary or remuneration relative to peers
• Commercial successes in performing arts

Process

1. 1

   Self-Petition I-140

   File Form I-140 with evidence package demonstrating extraordinary ability.

2. 2

   Priority Date Becomes Current

   Wait for your priority date to be current in the monthly Visa Bulletin.

3. 3

   I-485 Adjustment of Status or Consular Processing

   File I-485 if in the U.S., or attend immigrant visa interview abroad.

4. 4

   Green Card Received

   Receive permanent resident card. Conditions apply for certain cases.

Three-Prong Dhanasar Test

1. Substantial Merit and National Importance: Your endeavor must have substantial intrinsic merit and be national in scope (not just local).
2. Well-Positioned to Advance the Endeavor: Demonstrate education, skills, knowledge, or record of success to advance the proposed endeavor.
3. On Balance, Beneficial to Waive Job Offer/PERM: Show that waiving the job offer requirement benefits the U.S. national interest.

Popular Qualifying Fields

• STEM Research & Academia
• Technology / AI / Software Engineering
• Healthcare & Medical Research
• Business / Finance / Entrepreneurship
• Public Policy / Law
• Environmental Science & Clean Energy

India & China Priority Date Note

Priority date backlog: India and China EB-2 priority dates are significantly backlogged (as of 2025, India EB-2 may be 5-10+ years). However, EB-1 India moves faster. Many Indian nationals pursue EB-1A as a faster alternative. Check the USCIS Visa Bulletin monthly.

Required Documentation

• Academic credentials (degree, transcripts)
• Publications, citations, or research impact
• Letters from experts in your field
• Evidence of national importance (grants, media, impact)
• Proposed endeavor statement

Requirements

• Employed as manager or executive for at least 1 of last 3 years by foreign entity
• U.S. employer must be related to foreign employer (parent, sub, affiliate, branch)
• Petitioner must be coming to manage or execute (not staff work)
• U.S. employer must have been doing business for at least 1 year

L-1A to EB-1C Pathway

The most common path: come to the U.S. on L-1A, establish and grow the U.S. entity, then file EB-1C after 1 year of U.S. business operations. No PERM required, EB-1 priority.

Investment Requirements (2025)

• $1,050,000 minimum investment (standard)
• $800,000 in Targeted Employment Areas (TEA) or Regional Centers
• Must create or preserve at least 10 full-time jobs
• Investment must be "at risk"

Direct vs. Regional Center

Direct EB-5: Invest directly in a new commercial enterprise you manage.

Regional Center: Passive investment in USCIS-designated regional centers. Jobs can be direct or indirect (counted by economic models). More flexible.