F-1 to Green Card: Employment-Based Green Card

There are three types of employment-based green cards that international students can apply for: EB-1, EB-2, and EB-3.

For most F-1 students, there are three types of employment-based green cards they can apply for: EB-1, EB-2, and EB-3.

Option 1: EB-1 Alien of Extraordinary Ability

1. EB-1A (Alien of Extraordinary Ability)

• Advantages: There are no requirements for employer sponsorship and labor certifications; moreover, you do not need to find a job in the U.S. when submitting the application.

• Application Criteria: Applicants must have achieved extraordinary accomplishments in a specific field such as the arts, sciences, education, business, or athletics. After the application is approved, the applicant must enter the U.S. and continue working in their field of expertise.

2. EB-1B （Outstanding Researcher/Outstanding Professor）

• Application Criteria: EB-1B green cards are issued to individuals who have outstanding achievements in a particular academic field. The application for an EB-1B green card requires employer sponsorship (the employer can be a university, research institution, or company), but does not require a labor certification. Applicants must meet the following three requirements:

  • Have At least three years of academic research or teaching experience;

  • Receive international recognition in a specific academic field;

  • Have a permanent job position (either a permanent research position or teaching position).

3. EB-1C （Managers and Executive Transferees）

• Application Criteria: The application for an EB-1C green card requires employer sponsorship and does not require a labor certification. Applicants must meet the following three requirements:

  • The applicant must have been employed in a managerial or executive position for at least 1 year in the past 3 years at a foreign branch, such as a subsidiary, affiliate, or the parent company, of the U.S. employer;

  • The employer must have business operations both in the U.S. and abroad;

  • The U.S. branch of the employer has been in operation for at least 1 year.

Option 2: EB-2 Advanced Degree or Exceptional Ability

EB-2 (Employment-Based Second Preference) is a type of U.S. green cards for professionals with advanced degrees or exceptional abilities. The EB-2 category can be divided into the following three subcategories:

1. Advanced Degree Professionals: Applicants must hold a master's degree or higher in a field related to their job, or hold a bachelor's degree plus at least 5 years of relevant professional experience.

2. Exceptional Ability: Applicants must demonstrate "exceptional ability" in science, art, or business. This typically requires evidence such as academic achievements and professional awards.

3. National Interest Waiver (NIW): This special subcategory allows certain professionals with advanced degrees or exceptional ability to apply for a green card without employer sponsorship. Applicants must prove that their work benefits the national interest of the U.S., thereby waiving the need for a labor certification and employer sponsorship.

Each subcategory has its own application requirements and procedures, including:

• Filing Form I-140 (Immigrant Petition for Alien Worker).

• Obtaining a labor certification (not applicable to NIW).

• Filing Form I-485 (Application to Register Permanent Residence or Adjust Status).

Option 3: EB-3 Skilled Workers/Professionals/Unskilled Workers

EB-3 is another type of employment-based green card. It has three subcategories:

1. EB-3A Skilled Workers: Applicants must have at least 2 years of training or work experience. Jobs in this category typically include computer technicians, construction workers, chefs, and machine operators;

2. EB-3B Professionals: Applicants must have a bachelor's degree, and their job positions must require a bachelor's degree as well;

3. EB-3C Unskilled Workers: This subcategory is for foreign workers performing unskilled labor. There are no education and skill requirements for this subcategory.