Employment-based green cards allow qualifying professionals, executives, managers and other workers to become permanent US residents. The principal categories are EB-1, EB-2 and EB-3. Some routes require a US employer and PERM labour certification, while EB-1A and EB-2 National Interest Waiver can allow qualifying applicants to self-petition.
An employment-based immigrant visa answers one question: “Can you live and work in the United States permanently?”
For UK-based executives, professionals and employers, the answer may depend on much more than having a US job offer.
Your professional record, qualifications, proposed US position, employer, multinational company structure, whether the case requires US labour-market recruitment and the availability of an immigrant visa number can all affect the route.
The main employment-based green card categories for professionals and corporate clients are EB-1, EB-2 and EB-3.
Employment-based U.S. immigration can depend on your qualifications, the proposed U.S. position, your employer, your experience and other circumstances. More than one immigration option may sometimes need to be considered.
If you would like to discuss your own circumstances with Flynn Hodkinson, please book an initial call rather than emailing detailed questions about your case.
The initial call allows our team to understand the basic facts and determine how we may be able to assist.
An employment-based immigrant visa is a route to US lawful permanent residence through employment, professional qualifications, extraordinary ability or another qualifying employment-based classification.
People often refer to this as getting a green card through employment.
For someone applying from the United Kingdom, an approved immigrant petition does not necessarily mean that a green card can be issued immediately. Employment-based immigrant visas are numerically limited, and visa availability may depend on the applicant’s preference category, priority date and country of chargeability.
For many applicants, the process therefore involves two separate questions:
Do I qualify for an employment-based immigrant category?
and
Is an immigrant visa number available for me?
The most common employment-based (EB) immigrant visa categories include:
EB-1 Extraordinary Ability or Multinational Executive
Those with extraordinary ability in the arts, business, sciences or athletics which can be demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field may apply for permanent residency as a self-petitioner or through an employer.
A multinational executive may be sponsored for permanent residency if the executive is or was transferred to the US office after working with a related company for at least one year in the last three in an executive or managerial capacity.
EB-2 Advanced Degree or Exceptional Ability
Those applying for US permanent residency through the EB-2 immigrant visa category must be sponsored by a US employer who has obtained a Labor Certification for the position from the US Department of Labor, unless the applicant qualifies for a National Interest Waiver.
To qualify under the Advanced Degree category the applicant must demonstrate that the requirements of the position offered in the US requires at least a US masters degree or higher or a bachelors degree plus five years of progressive work experience in a particular field and that the applicant holds this qualification.
Those with a degree of expertise significantly above that ordinarily encountered may qualify for permanent residency through the EB-2 immigrant visa category if it can be shown that the applicant can show at least three of the following:
Degree relating to area of exceptional ability;
Letter from current or former employer showing at least 10 years of experience;
Licence to practice profession;
Person has commanded a salary or remuneration demonstrating exceptional ability;
Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
EB-3 Professional or Skilled Worker
This category requires that the employer first obtain a Labor Certification from the US Department of Labor which requires a recruitment test of the employment market to determine if there are qualified, willing and able US workers who could fill the position.
A professional worker is one who has been offered a position that requires at least a bachelors degree in a specialized field.
A skilled worker is one who has been offered a position that requires at least two years of experience in the particular field.
Flynn Hodkinson is a specialist US visa and nationality law firm based in London advising companies and individuals on temporary and permanent US immigration strategies.
Managing Partner Janice Flynn has worked exclusively in US visa and nationality law for more than 20 years in Chicago and the United Kingdom and has been recognised as a Who’s Who Legal Thought Leader in Corporate Immigration Law.
Employment-Based Immigrant visas are one of her areas of particular expertise, alongside E-1 Treaty Trader, E-2 Treaty Investor, H-1B Professional Worker and L-1 Intracompany Transferee visas.
That breadth matters because the permanent-residence question often begins while the person is still deciding how to enter or work in the United States temporarily.
The aim is to determine how the temporary visa, permanent immigration category, corporate structure, career plans and timing fit together.
UK and Irish engineers can install and commission equipment in the US on ESTA or a B-1 when the sales contract requires it. See what is and is not allowed.
October 2026 U.S. immigration updates on H-1B fee litigation, EAD renewals, proposed OPT fees and new travel requirements. Read Flynn Hodkinson’s digest.
Opening a US office from the UK? Decide who moves first, and on which visa, before anyone books a flight. L-1, E-2 and O-1 compared for tech firms.
Irish founders can use the E-1 and E-2 treaty routes to the US. What the Dublin E Visa Unit expects, and what to settle before you commit capital.
A UK or Irish company can make the investment, but the E-2 goes to a person, not the company. What ownership structure decides about who can actually go.
You are choosing a US visa lawyer for your company and you are not sure what to ask. Twelve questions that show you who actually knows the work.
Moving a key employee to the US? How UK and Irish business leaders should assess US visa counsel: what to verify, what to ask, what good advice sounds like.
Review September 2026 U.S. immigration updates
A practical guide for Irish HR teams moving an employee to the US: which route fits, what to prepare, and how to brief leadership with confidence.
For UK and Irish acquirers: why the US visa route is set during deal structuring, not after closing, and how to stop immigration derailing the deal.
Never managed a US employee transfer? A plain-English guide to what UK and Irish HR teams should get clear before promising anyone a start date.
Planning a US expansion? Five questions reveal whether your plan has a hidden visa problem before it delays your launch. From a US visa lawyer.
Review July 2026 U.S. immigration updates on the H-1B fee case and cap, F, J and I status rules, B visa appointments, public charge and TN visas.
A practical checklist for Irish HR and mobility teams: the facts, documents and questions to prepare before your first US immigration lawyer call.
Committing capital to a U.S. deal is not the same as having a workable visa plan. How UK and Irish investors test the route before it stalls the deal.
There is no single U.S. work visa for employees of UK or Irish companies. Possible routes include the L-1, H-1B, E-1, E-2 and O-1 visas.
Capable leadership teams often feel lost at the start of a US visa matter. US visa and nationality lawyer Janice Flynn explains why, and where to begin.
Your Irish company is buying a US business. Does the Managing Director need an E-2, an L-1A, or another route? Read this structure-first guide.
Review July 2026 U.S. immigration updates on the H-1B fee case and cap, F, J and I status rules, B visa appointments, public charge and TN visas.
If you have committed capital and a deal date but no U.S. immigration plan, here is the five-step framework Janice Flynn uses with investors.
Leadership is asking for US immigration answers and HR is not sure what to say. Janice Flynn, US immigration lawyer in London, sets out the briefing framework: what to commit to, what to defer, and the questions to bring to the lawyer.
Before you promise a US start date, check these five things. A diagnostic guide for UK and Ireland-based companies from US immigration lawyer Janice Flynn.
A plain-language guide to the U.S. work visas that matter for Dublin-based employers, and how to choose between them.
UK and Irish investors should test the U.S. immigration plan before the deal structure, relocation date, or investment route is finalised.
Before HR confirms a U.S. transfer date, eight variables need to be clarified: the visa category, the employee's location, whether premium processing is available, the relevant consular post, the H-1B fiscal year cycle if H-1B applies, whether an LCA is required, the company's document-readiness, and any case-specific complications.
This digest covers several fast-moving U.S. immigration developments, including litigation over the $100,000 H-1B fee, USCIS processing changes for nationals of 39 countries, processing holds affecting physicians, visa-processing changes in Africa, a new adjustment of status policy, Ebola-related travel and visa restrictions, and a possible end to duration of status for F, J, and I visa holders.
Before promising a U.S. start date, UK and Irish employers should confirm visa eligibility, corporate structure, realistic timelines and total transfer costs.
You are an Irish owner or investor sending someone to the US. Before you commit, here is what a visa actually requires, from a US immigration lawyer.
Your U.S. investment is moving forward, but the immigration piece has not been tested against your deal structure. A plain-language guide for UK and Irish investors from a US immigration lawyer with 20+ years' experience.
Your employee wants visa updates and you have no clear answer. Before you chase your lawyer, here is what HR needs to have ready.
Five developments from the past four weeks matter most for UK and Irish businesses with people moving or planning to move to the U.S.
Most UK CEOs make three costly assumptions about US work visas before they speak to an immigration lawyer.
Your Irish company is entering the U.S. market. Before you move anyone, here is what a CEO needs to know about U.S. work visas, timelines, and the first steps.
Your company is acquiring a U.S. business and the Managing Director needs to relocate. E-2, L-1, EB-5, Gold Card: which visa fits the deal?
Before your first call with a U.S. immigration lawyer, there are 8 things they will need to assess your case properly. Janice Flynn, a U.S. visa and nationality lawyer in the UK and Ireland, sets out exactly what to prepare.
Your business needs a key person in the US. But is there actually a visa route available for them? Janice Flynn, US immigration lawyer in London, explains the questions that determine whether a US work visa is realistic and what to do first.
The people who work with Flynn Hodkinson define who we are and therefore it is with great pleasure that I...
On 06 July, the Department of State announced the automatic extension of National Interest Exception (‘NIE’) waivers approved within the...
On February 18, 2021, Representative Sánchez (D-CA) introduced the U.S. Citizenship Act of 2021 in the House (see US Citizenship...
US COVID travel bans likely still in place for those in UK, Ireland, Schengen area, and Brazil. President Biden...
Around mid-day on 20 January 2021, Joseph Biden was sworn in as the next President of the United States, and...
From the US Embassy in London: “Effective January 26, all airline passengers to the United States ages two years and...
US Visa and Entry Issues – How Do Trump’s Proclamations Effect You? 2020 can best be described as a...
The US Department of Homeland Security (DHS) has announced a new fee schedule for the US Citizenship and Immigration Services...
In a massive turnaround, the US Citizenship & Immigration Services canceled the furlough of 13,000 of its staff. The US...
National Interest Exceptions for Travelers from Schengen Area, UK and Ireland & Phased Resumption of Routine Visa Services. More stop...
April 22nd Executive Order Updated on June 22nd, 2020 Initially, Trump issued an Executive Order on April 22, 2020, entitled...
Observance of Junteenth – Why Now? Our firm is made up of American lawyers and so our hearts are with...
If any US employees currently hold H-1B, L-1, H-2B, or J-1 US visas it is advisable that they should return...
The US Citizenship & Immigration Services or “USCIS” is the US agency under the US Department of Homeland Security responsible...
On May 1, 2020, in response to the COVID-19 pandemic, the US Citizenship & Immigration Services (USCIS) announced that the...
On April 22, 2020, President Trump issued an executive order entitled, “Proclamation Suspending Entry of Immigrants Who Present Risk to...
It’s not the end of US immigration. Instead, immigration will be paused. President Trump announced last night that the...
“Is this the end of US immigration?” Last night, despite the many other things President Trump should focus on while...
The disruptions in travel caused by COVID-19 have left many in a state of uncertainty regarding their US visa status...
What Janice Flynn & Associates can do for you during the COVID-19 pandemic At this time our office can continue...
Despite the American Embassy in London temporarily closing for visa processing, the USCIS Field Office, which is housed in the...
Date 15th March 2020 When did or does the proclamation come into effect? There have been several proclamations relating to...
As COVID-19 continues to impact all of our lives, our firm would like to update our clients on the steps...
On 31 January Donald Trump issued a “Proclamation on Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry”. This...
Starting on December 2, 2019, USCIS has raised the Premium Processing fee to $1,440 For most petition-based visas, a Premium...
New US Department of Homeland Security Public Charge Rule Published August 14, 2019 If this existed 100 years ago, my...
US Visa Law for Companies At US Visa Solutions we work with many Human Resource departments within small, medium and...
Congratulations to Prince Harry and Meaghan on the birth of their son! Meghan, assuming she hasn’t renounced her US citizenship,...
In our practice we’ve seen more clients stopped at the US border and had their electronic device, usually a mobile...
So you have a family member in the United States and you want to move there too? The good news...
On March 30, 2018, the US Department of State published requests for comments on the Federal Register to collect more...
The US Citizenship & Immigration Services (USCIS) which processes visa petition and applications under the US Department of Homeland Security,...
I-Squared bill, introduced last week by Senators Orrin Hatch and Jeff Flake. The bill seeks to modernize & reform the...
Lots of people call our office who have prior arrests, cautions or convictions who wish to visit the US. Usually,...
For US Employers – I-9 Form Update The I-9 Form is used to verify the identity and employment authorization of...
Update: Please note that this post was initially posted in 2016. In 2019 the USCIS London Field Office announced that...
The E-2 Treaty Investor is a great visa to use for a broad range of clients. From large publicly traded...
Yesterday, the House of Representatives passed a bill to restrict the Visa Waiver Program and could bar those with dual...
This is the first instalment of a blog that a fellow US immigration lawyer, B. John Ovink, wrote about his...
If you want to renounce your U.S. citizenship by the end of the year (December 31, 2015), we recommend that...
Yesterday, 20th November 2014 President Obama announced a series of executive actions to implement major changes in US immigration law and...
Our office received the following alert regarding the payment of US Citizenship & Immigration Services filing fees which could possibly...
Recently the headlines reported that Nigella Lawson was not allowed to board a flight to the US in Heathrow this...
The US government shut down that took affect last night will not affect the processing of visa applications at the...
Today is the first anniversary of the opening of the Law Office of Janice A. Flynn. It’s been a really...
Individuals issued US immigrant visas on or after February 1, 2013 must pay an additional $165 immigrant fee to theUS...
Jonathan Strassberg is a UK-based US commercial lawyer who advises small and medium sized businesses on businesses issues related to...
How Do I Minimize My Risk When Buying a US Business When Applying for an E-2 Treaty Investor Visa? The E-2...
The Electronic System for Travel Authorization or, “ESTA” is a fairly new system implemented in 2009 for those who wish...
Maybe you’ve been working hard all your life and you want a change. Or you may have visited the US...
In this economy more than ever companies have to keep business moving as quickly as possible. For multinational companies this...
1. There isn’t a one-size fits all US visa. Get good advice on which is the best US visa for...
E-2 visa category can be used for a whole spectrum of sizes and types of businesses from small mom and...
Its April which, in addition to April Fools Day and April Showers there is what fellow immigration lawyers call the...
An employment-based green card gives a qualifying foreign national lawful permanent residence in the United States through an employment-based immigrant classification such as EB-1, EB-2 or EB-3.
EB-1 covers certain priority workers, including extraordinary-ability applicants, outstanding professors and researchers, and qualifying multinational managers and executives. EB-2 covers advanced-degree professionals and people of exceptional ability. EB-3 covers professionals, skilled workers and other workers.
Usually, but not always. EB-1A extraordinary-ability applicants can self-petition, and qualifying EB-2 National Interest Waiver applicants can request waiver of the job-offer and labour-certification requirements.
PERM is the Department of Labor permanent labour-certification process that many employers must complete before sponsoring a worker for permanent residence under EB-2 or EB-3.
No. EB-1 classifications do not require PERM. EB-2 National Interest Waiver cases also waive the normal labour-certification requirement. Other exceptions may apply depending on the classification.
Potentially, yes. Many employment-based cases can begin while the applicant remains outside the United States. A UK-based applicant will normally complete consular processing once the relevant petition has been approved and an immigrant visa number is available.
No. Employment-based immigrant visa chargeability is generally based on the applicant’s country of birth rather than citizenship or residence. The monthly Visa Bulletin should be checked for the applicant’s particular category and chargeability.
Potentially, but not automatically. Some multinational managers and executives may qualify for EB-1C, but the permanent-residence classification has its own requirements that must independently be established.
Yes, potentially. H-1B permits dual intent. The appropriate permanent-residence route could be EB-1, EB-2, EB-3 or another category depending on the individual’s circumstances.
Potentially. EB-1A and EB-2 National Interest Waiver are two important employment-based routes that do not require the standard permanent job offer, provided their separate eligibility requirements are met.
A priority date establishes an applicant’s place in the employment-based immigrant visa queue. It is compared with the Department of State’s monthly Visa Bulletin to determine when an immigrant visa may become available.
No. Approval establishes the immigrant petition, but permanent residence also depends on visa availability and completion of either consular processing or, for eligible applicants in the United States, adjustment of status.
If you are contacting Flynn Hodkinson about a new matter, the preferred first step is to book an initial call. This allows our team to understand the basic facts of your situation and determine whether we may be able to assist. Please do not email detailed requests for legal advice to our general email address before the initial conversation.
Please schedule a call to initially discuss your situation with one of our lawyers
and possibly book a consultation with a US visa and nationality lawyer.
