Gold Card and Employment-Based Visas

Each year, the United States makes approximately 140,000 immigrant visas available to people seeking permanent residence based on their professional qualifications, work experience, or investment.

These visas are divided into five categories, called preferences. Each has its own requirements, and the right category depends on your education, your field, and who files the petition — you or a U.S. employer.

This page summarizes each category and the Gold Card program, created in 2025.

EB-1 — First Preference

For people with a record of recognized distinction. It covers three profiles:

• Extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated through sustained national or international acclaim
• Outstanding professors and researchers, with at least three years of experience and international recognition in their academic field
• Multinational executives and managers transferred from a company abroad to a related company in the United States

People with extraordinary ability may file their own petition, without a job offer. In the other two profiles, the U.S. employer files.

None of the three requires a labor certification from the Department of Labor.

EB-2 — Second Preference

For professionals holding an advanced degree — a master's, a doctorate, or a bachelor's plus five years of progressive experience — or for people with exceptional ability in the sciences, arts, or business.

As a rule, the U.S. employer files the petition and obtains a labor certification first. There are two important exceptions:

• National Interest Waiver (NIW): when a person's work broadly benefits the United States, they may file on their own, without a job offer
• Schedule A occupations: professional nurses and physical therapists are exempt from labor certification, because the government has already recognized the shortage in these fields

EB-3 — Third Preference

The broadest category, with three subgroups:

• Skilled workers — positions requiring at least two years of training or experience
• Professionals — positions requiring a U.S. bachelor's degree or foreign equivalent
• Other workers — positions requiring less than two years of training

All three require a permanent job offer and a labor certification, with the same Schedule A exceptions.

Note for commercial vehicle operators: since 2025, labor certifications for these positions include an English language proficiency requirement, and the petition must show that the person meets the standard.

EB-4 — Fourth Preference

Reserved for specific categories defined by law, including religious workers, special immigrant juveniles, certain U.S. government employees abroad, members of the armed forces, and certain physicians.

Some subcategories require the employer to file Form I-360. In others, the person files on their own behalf. It is worth confirming which applies to your situation before you begin.

EB-5 — Fifth Preference

For investors who place capital in a new commercial enterprise in the United States and create or preserve at least 10 full-time positions for qualifying workers — full-time meaning a minimum of 35 hours per week.

Minimum investment amounts, for petitions filed on or after March 15, 2022:

A Targeted Employment Area is a rural area or a region with unemployment of at least 150% of the national average.

Visas set aside each year: 20% of EB-5 visas for rural areas, 10% for high-unemployment areas, and 2% for infrastructure projects.

Two dates that matter if you are considering EB-5:

• The amounts will be adjusted for inflation, with the first adjustment applying to petitions filed on or after January 1, 2027
• The Regional Center Program is authorized through September 30, 2027

There is also a proposed rule from the Department of Homeland Security, published in July 2026, still open for public comment, that may change program rules. None of it is in effect until finalized.

Gold Card

The Gold Card is a path created in September 2025 by Executive Order 14351. It does not replace the categories above — it works through two of them: the person is classified either as EB-1, based on extraordinary ability, or as EB-2 with a national interest waiver.

The difference is the financial requirement. The program calls for a non-refundable gift to the U.S. government: $1 million per person when the individual files, or $2 million when a company files on behalf of an employee. There is also a $15,000 fee per person for Form I-140G.

The process has two stages: first, registration on the program’s official portal, and only afterward — when USCIS notifies you — the petition through the online system.

Two points deserve attention before any decision: the program was created by executive order rather than by an act of Congress, and implementation is still underway. If you are considering this path, talk to our team before making any financial decision.

How to check the queue

None of these categories has a fixed timeline. The wait depends on the category, your country of origin, and the number of visas available that year — and it changes every month.

The Department of State publishes the Visa Bulletin monthly, showing the current queue for each category and country. It is the official source and the only place where this information is always current.

Check the Visa Bulletin on the official site →

How we can help

At Worldwide Legal Services, every immigration journey is treated individually. Whether you are a professional pursuing a qualification-based green card or an investor evaluating residence through capital, our team is with you from start to finish.

Our services include:

• Case evaluation and review of available options
• Documentation and petition preparation
• Guidance on filing with USCIS and the Department of Labor
• Support and guidance throughout the process

Worldwide Legal Services is an immigration consulting firm, not a law firm. We do not provide legal advice. We maintain a network of attorneys and make referrals when a matter requires professional legal attention.