Obtaining permanent residence based on employment is a multi-step process. First, the employer, in most cases, must obtain "labor certification" from the United States Department of Labor confirming that there are an insufficient number of U.S. workers able, qualified and willing to perform the work for which the foreign-born individual is being hired. Second, USCIS must approve an immigrant petition filed on the foreign national's behalf, usually by an employer. Third, the United States Department of State must assign the foreign national an immigrant visa number, even if the foreign national is already in the United States. Finally, if the foreign national is within the United States, they may apply for adjustment of status to permanent resident status. If the foreign national is outside the United States, they will be notified to go to the local U.S. consulate to complete the process for their immigrant visa.

There are five categories of employment-based immigration.

• First Preference (EB-1 priority workers): foreign nationals with extraordinary ability in sciences, arts, education, business or athletics, multinational executives and managers, outstanding professors and researchers which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.
• Second Preference (EB-2 workers with advanced degrees or exceptional ability): foreign nationals who are members of the professions holding advanced degrees or their equivalent, or who because of their exceptional ability in the sciences, arts or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States.
• Third Preference (EB-3 professionals, skilled and other workers): foreign nationals with a bachelors degree or higher, and/or prior work experience, and skilled workers with at least two years of training or work experience and other workers.
• Fourth Preference (EB-4 special immigrants): foreign nationals who, for at least two years immediately preceding the time of the application, have been members of a religious denomination having a bona fide, nonprofit, religious organization in the United States, and who will solely carry on his or her vocation or occupation.
• Fifth Preference (EB-5 investors): foreign nationals who will invest $1,000,000 (or under certain circumstances $500,000) in a new commercial enterprise that employs 10 U.S. citizens or authorized immigrant workers full-time