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EMPLOYMENT-BASED · 01

EB-1 to EB-5: an overview of the five employment-based preference categories

Who each of the five employment categories is for, whether an employer is required, and why EB-4 and EB-5 are often misunderstood.

English translation of this site's original Chinese explainer · 5 official sources · read 2026-10-10 UTC · not legal advice

01

Why sort out the preference categories first

USCIS calls the ways of getting a green card through work employment-based "preference categories." The category determines what you must prove, who files the immigrant petition, and which numerical queue you join. Much confusion comes from conflating different categories — for example, calling asylum or a special immigrant category "investment immigration."

This site's category codes (for example E11, E21, RR6) are statistical/record-keeping labels; each corresponds to a combination of a category, an applicant role, and a method of obtaining status. Understanding the category first, then the code, makes this much easier.

Sources for this section · 2

02

EB-1, EB-2, EB-3: from top talent to general skilled positions

EB-1 covers three groups: people with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and qualifying multinational executives or managers.

EB-2 covers professionals holding an advanced degree, people with exceptional ability in the sciences, arts, or business, and people seeking a National Interest Waiver (NIW); it also includes a physician NIW for those committed to full-time clinical practice in a designated underserved area.

EB-3 covers skilled workers (positions requiring at least two years of training or experience), professionals (positions requiring at least a U.S. bachelor's degree or foreign equivalent), and other (unskilled) workers (positions requiring less than two years of training or experience).

Sources for this section · 1

03

EB-4: special immigrants, but not everything "special" belongs here

The EB-4 special immigrants USCIS lists include: religious workers, Special Immigrant Juveniles (SIJ), certain international broadcasters, certain qualifying G-4 international organization or NATO-6 retired employees and family members, certain U.S. government employees abroad, members of the U.S. armed forces, certain Panama Canal-related employees, certain physicians who were already practicing in the United States on January 9, 1978, and S nonimmigrants who provided information on criminal or terrorist organizations.

Whether Form I-360 is required and whether the employer or the individual files it varies by subcategory. Asylum, refugee status, T/U visas, VAWA, the Cuban Adjustment Act, and the Diversity Visa are separate groupings on the USCIS category page and should not automatically be folded into EB-4. See the special immigrants overview in the Humanitarian & Other section.

Sources for this section · 2

04

EB-5: the investor category

The USCIS category page (updated 2026-09-04) states: an investor must have invested, or be actively in the process of investing, at least $1,050,000, or at least $800,000 in a targeted employment area or infrastructure project, in a new commercial enterprise in the United States, and must create full-time jobs for at least 10 qualifying employees. The amounts follow the current official page; this site does not predict adjustments.

EB-5 includes the Regional Center Program established in 1992. Investors generally first obtain conditional permanent resident status for two years, then apply to remove the conditions using Form I-829. Regional-center codes such as RR6 are one of the statistical labels for this category.

Sources for this section · 3

Frequently asked questions

Is EB-2 always faster than EB-3?

The official category page only defines eligibility, not speed. Actual waiting time depends on the monthly visa bulletin, per-country limits and demand; this site does not make wait-time predictions.

Which category are religious workers in?

USCIS lists religious workers as one of the EB-4 special immigrant groups.

Related category codes

Each code page shows its own review status; candidate content is not upgraded to reviewed because of this article.

Related articles

All official sources

  • USCIS · Green Card Eligibility CategoriesSupports: Official groupings and brief eligibility requirements for family-based, employment-based, special immigrant, refugee/asylee, T/U, VAWA, and other categories.Official update 2026-09-04 · read 2026-10-10 UTC
  • USCIS · Green Card for Employment-Based ImmigrantsSupports: EB-1/2/3 adjustment-of-status requirements, the relationship between I-140 and I-485, the 180-day job portability rule, and derivative family members.Official update 2025-07-08 · read 2026-10-10 UTC
  • USCIS · Employment-Based Immigration: Fourth Preference EB-4Supports: List of EB-4 special immigrant subcategories; I-360 requirements vary by subcategory.Official update 2025-04-08 · read 2026-10-10 UTC
  • USCIS · EB-5 Immigrant Investor ProgramSupports: Background of the EB-5 program, creation or preservation of 10 full-time jobs, and the regional center program.Official update 2023-03-01 · read 2026-10-10 UTC
  • USCIS · Conditional Permanent ResidenceSupports: Conditional green cards are valid for two years; a petition must be filed within the 90 days before expiration; the card cannot be renewed; marriage-based I-751 and investment-based I-829.Official update 2025-04-24 · read 2026-10-10 UTC