Employment-Based Green Card Options For Workers In Texas
Overview:
An employment-based Green Card lets qualified workers and investors live and work in the U.S. permanently through categories EB-1 through EB-5. Many cases require a U.S. employer, a PERM labor certification, and an I-140 petition before you can apply for the Green Card itself. If you’re in the U.S., you may be able to file an Adjustment of Status; if you’re abroad, consular processing is the usual route. Planning early, choosing the right category, and preparing a complete evidence packet help reduce delays and surprises.
Texas attracts talent. Between energy, healthcare, tech, research, and manufacturing, employers across the state often need skilled workers to keep projects moving. If you want to build a long-term life here, an employment-based Green Card can be the bridge between “temporary” and “permanent.”
The challenge is that employment-based immigration has multiple categories, multiple agencies, and very specific rules about job offers, qualifications, and timing. We’re going to walk you through the main options, what Texas workers and employers should watch for, and the questions we hear most often.
Employment-Based Green Card Basics
A Green Card (lawful permanent residence) lets you live and work in the United States indefinitely and can also open the door to U.S. citizenship once you meet the requirements.
For workers and investors, the employment-based process generally runs in stages:
- (Often) PERM labor certification through the U.S. Department of Labor (DOL), which is the employer’s recruitment and wage compliance process under 20 C.F.R. Part 656.
- Form I-140 immigrant petition filed with USCIS.
- Green Card application stage, once a visa number is available, either:
- Adjustment of Status (Form I-485) if you qualify to apply from inside the U.S., or
- Consular processing if you’ll finish the case through a U.S. consulate abroad.
Some categories can skip PERM. Some can even skip the employer. The key is choosing the category that fits your facts, not the one that sounds nicest on paper.
Employment-Based Green Card Categories In Texas
Employment-based Green Cards are divided into five preference levels: EB-1 through EB-5.
EB-1: Priority Workers
EB-1 is for people at the top of their fields, including:
- Individuals with extraordinary ability.
- Outstanding professors or researchers.
- Certain multinational executives or managers.
These cases are evidence-heavy. The “win” is that EB-1 often avoids the PERM step and can move more directly to the petition and Green Card stages, depending on your subcategory and visa availability.
EB-2: Advanced Degree or Exceptional Ability
EB-2 is a common fit for professionals with advanced degrees and people who can document exceptional ability in the sciences, arts, or business. Many EB-2 cases require a job offer and PERM.
National Interest Waiver (NIW): Some EB-2 applicants can self-petition without a job offer if they can show their work benefits the United States’ national interest. In Texas, we often see NIW strategies for researchers, healthcare professionals, engineers, and other work tied to public health, innovation, or economic growth.
EB-3: Skilled Workers, Professionals, and Other Workers
EB-3 is a strong option for many roles, but it usually requires:
- A permanent, full-time job offer.
- Employer sponsorship.
- PERM labor certification.
EB-3 breaks down into:
- Skilled workers: at least 2 years of training/experience.
- Professionals: at least a bachelor’s degree (or foreign equivalent) in a job that requires it.
- Other workers: less than 2 years of training/experience in a permanent, non-seasonal role.
EB-4: Special Immigrants
EB-4 covers specific groups, including some religious workers and other special immigrant categories. It’s less common, but it can be a direct path for the right applicant with the right sponsoring organization.
EB-5: Immigrant Investors
EB-5 is the investor route. It requires a qualifying investment in a new commercial enterprise and job creation for U.S. workers. We often tell investors to treat EB-5 like two projects at once: an immigration case and a business-risk decision. Your immigration eligibility depends on meeting the legal requirements, but your financial outcome depends on careful due diligence.
Texas-Specific Factors That Can Affect Your Case
Texas doesn’t have a separate “Texas Green Card.” The rules are federal. But your experience can still look different here because of employer hiring patterns, industry demand, and how cases are staffed and documented.
PERM Labor Certification: Where Many Delays Start
For most EB-2 and EB-3 cases, PERM is the foundation. Employers must test the labor market and document recruitment steps to show there aren’t qualified, willing, available U.S. workers for the role at the required wage. The PERM framework is governed by DOL regulations in 20 C.F.R. Part 656.
In fast-moving industries, the hardest part is often internal: job descriptions, minimum requirements, wage levels, and recruitment must line up cleanly. Small mismatches can trigger audits or force a restart.
High-Demand Texas Industries
Texas employers commonly sponsor in areas like:
- Energy and related engineering
- Healthcare (clinical and research)
- Technology and advanced manufacturing
- Higher education and research institutions
High demand can help create opportunities, but it can also increase scrutiny on whether job requirements are truly necessary and properly documented.
Visa Backlogs and Priority Dates
Even after a PERM and I-140 approval, you may have to wait for a visa number based on your category and country of chargeability. Your place in line is the priority date, and it becomes current based on the monthly Visa Bulletin.
Adjustment Of Status vs. Consular Processing
If you’re already in the U.S., an Adjustment of Status (AOS) can be appealing because you may be able to stay here while USCIS processes the case. AOS generally involves Form I-485, biometrics, and often an interview.
Important practical note: USCIS has updated Form I-485 filing expectations to require the immigration medical exam (Form I-693) at the time of filing in many situations, which is designed to reduce later Requests for Evidence.
If you’ll finish the case through a consulate abroad, consular processing is the pathway. That route usually includes National Visa Center processing, a medical exam, and a consular interview.
Frequently Asked Questions About Employment Green Cards
Applicants often encounter situations that may affect their eligibility or application timeline. Below are answers to common questions that can help you clarify the process.
What Happens If Your Employer Withdraws Your Petition?
Can You Work While Your Green Card Application Is Pending?
Can Your Family Get Green Cards Through Your Petition?
Do You Always Need PERM For EB-2 Or EB-3?
Can You Switch Employers During The Process?
What If You’re In The U.S. On A Temporary Visa? Can You Start An Employment-Based Green Card Case?
How Our Team Helps Texas Workers and Employers
Employment-based immigration is paperwork, but it’s also timing, risk management, and clarity. We help you choose the strongest category, build a clean evidence record, and keep your case moving through each stage:
- Employer sponsorship planning and PERM strategy (when required).
- I-140 petition preparation and supporting evidence.
- Adjustment of Status filings (I-485, plus optional work and travel requests when appropriate).
- Consular processing preparation and document organization.
- Response planning for Requests for Evidence and other government notices.
If you’re pursuing an employment-based Green Card in Texas, we can help you understand your options and avoid expensive delays. Schedule a confidential evaluation with Houston Immigration Lawyers. We’ll review your goals, your work history, and your employer situation, then lay out a clear plan for the next steps so you can move forward with confidence.
About The Author: Kate Lincoln-Goldfinch
Kate Lincoln‑Goldfinch founded Houston Immigration Attorneys in 2015 and serves as its managing partner. After earning her J.D. from the University of Texas School of Law in 2008, she launched her advocacy journey as an Equal Justice Works Fellow supporting detained asylum‑seeking families. Today, Kate concentrates on family‑based immigration, deportation defense & humanitarian relief, including asylum & VAWA cases. She volunteers as Pro Bono Liaison for the AILA Texas Chapter and was honored as a Top Immigration Attorney by Austin Monthly in 2024. A mother of two, Kate is driven by a passion for immigrant justice and building stronger communities. 
