There are an exceptionally high number of employment-based visas available this fiscal
year (October 2021 through September 2022). In partnership with the U.S. Department of
State, we are committed to attempting to use all these visa numbers. There are many more
visas available in the first (priority workers) and second (workers with advanced degrees or
of exceptional ability) employment-based categories than pending adjustment of status
applications pending with USCIS.
If you are eligible, please consider applying in the first or second employment-based
preference categories. If you have a pending adjustment of status application based in the
third employment-based preference category but also have a pending or approved petition
and an available visa in the second employment-based preference category, we strongly
encourage you to request that USCIS “transfer the underlying basis” of your pending
application to the second employment-based preference category.
For more information, please see the section called “Transfer of Underlying Basis” below
U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get
a Green Card) through employment in the United States. These employment-based (EB) “preference
immigrant” categories include:
• First preference (EB-1) – priority workers
◦ Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;
◦ Outstanding professors and researchers; or
◦ Certain multinational managers and executives.
• Second preference (EB-2) – aliens who are members of the professions holding advanced degrees
or who have exceptional ability (including requests for national interest waivers)
• Third preference (EB-3) – skilled workers, professionals, or other workers.
This page provides specific information for aliens in the United States who want to apply for lawful
permanent resident status in the EB-1, EB-2, and EB-3 categories while in the United States. This is
called “adjustment of status.” You should also read the Instructions for Form I-485, Application to
Register Permanent Residence or Adjust Status (PDF, 551.22 KB) before you apply.
For more information on other types of employment-based immigrants, see our pages on Green Cards
for EB-4 special immigrants (for example, religious workers and special immigrant juveniles) and EB-5
If you are currently outside the United States, see Consular Processing for information about how to
apply for a Green Card as a family preference immigrant.