Employment-Based Immigration
Employment-based immigration helps workers and employers navigate work visas and green cards. The categories are detailed, and getting the strategy right early saves time and cost.
How we help
We help identify the right visa or green-card category for your situation, prepare the petition and evidence, and coordinate with employers where needed. Start with a consultation about your goals.
Frequently asked questions
What is an employment-based visa?
Employment-based immigration lets people come to or stay in the U.S. to work, either through temporary work visas like the H-1B, L-1, or O-1, or through employment-based green cards. The right path depends on your job, qualifications, and employer. A consultation can help you identify which option fits.
Does my employer have to sponsor me?
For most work visas and employment green cards, yes, an employer generally must sponsor and petition for you, though certain categories allow self-petitioning. Whether you need a sponsor depends on your qualifications and the category. An attorney can tell you if a self-petition option is open to you.
Which work visa is right for me?
The best fit depends on your profession, education, employer, and sometimes your nationality; for example, the H-1B suits specialty occupations, the L-1 fits company transfers, the O-1 is for extraordinary ability, and the TN serves certain professionals from Canada and Mexico. Matching your situation to a category is where guidance helps. A consultation can narrow the choices for you.
What is the H-1B visa?
The H-1B is a temporary work visa for specialty occupations that typically require a bachelor’s degree or higher in a specific field. An employer sponsors the worker and must meet wage and labor requirements. Because demand is high, timing and preparation matter, and an attorney can guide the process.
What is the H-1B lottery and cap?
Because there are more H-1B applicants than the yearly cap allows, many applicants go through a random selection process, or lottery, before a petition can be filed. Not everyone is subject to the cap. An attorney can explain whether it applies to you and how to prepare.
What is an L-1 visa?
The L-1 lets multinational companies transfer certain employees, such as managers, executives, or specialized-knowledge staff, from a foreign office to a U.S. one. It requires a qualifying relationship between the companies and prior employment abroad. A consultation can confirm whether your role and company qualify.
What is an O-1 visa?
The O-1 is for individuals with extraordinary ability or achievement in fields like science, business, arts, athletics, or entertainment. It requires strong evidence of national or international recognition. Because the standard is high, careful documentation is key, and an attorney can help build the case.
What is a TN visa?
The TN is a work category available to qualifying Canadian and Mexican professionals in certain occupations under a trade agreement. It often has a more streamlined process than other visas for eligible professions. A consultation can confirm whether your profession is on the qualifying list.
What is the difference between a work visa and an employment green card?
A work visa is usually temporary and tied to a specific employer or role, while an employment-based green card grants permanent residence and much greater flexibility. Many people start on a work visa and later pursue a green card. An attorney can help you plan a path from one to the other.
What are the EB-1, EB-2, and EB-3 categories?
These are employment-based green card categories that generally reflect different levels of qualifications: EB-1 for top achievers and certain managers, EB-2 for advanced degrees or exceptional ability, and EB-3 for skilled workers and professionals. The right category affects both eligibility and wait times. A consultation can help match you to one.
What is PERM labor certification?
PERM is a process where an employer tests the U.S. labor market and obtains certification from the Department of Labor before sponsoring a worker for many employment-based green cards. It is meant to show no qualified U.S. worker is available for the role. Because it is document-intensive, employers often work with an attorney on it.
How long does PERM take?
PERM timelines vary with government workloads and whether the case is selected for review. The recruitment steps add time before filing. An attorney can give you a realistic estimate for current conditions.
What is a national interest waiver?
A national interest waiver, available in the EB-2 category, can let certain individuals skip the employer-sponsored labor certification if their work benefits the United States enough to justify it. It often allows self-petitioning. Whether you qualify depends on your field and evidence, which an attorney can assess.
What is a priority date?
Your priority date is essentially your place in line for an employment-based green card, usually set when the petition or labor certification is filed. When your date becomes current, a visa may be available to you. A consultation can help you track it against the visa bulletin.
What is the visa bulletin?
The visa bulletin is a monthly government publication showing which priority dates are current for each green card category and country, because some categories have limited numbers and waiting lines. Reading it correctly can be confusing. An attorney can help you interpret where you stand.
Can I move from a work visa to a green card?
Yes, many people transition from a temporary work visa to permanent residence, and some visas are more friendly to this than others because of how they treat immigrant intent. Planning the timing carefully helps avoid problems. A consultation can map out a strategy for your case.
What is the employer’s role in the process?
For most employment-based cases, the employer files the petition, may need to complete labor certification, and often must meet wage and recruitment requirements. The employer and worker usually cooperate closely, and legal counsel commonly represents the process. An attorney can clarify each side’s responsibilities.
Can my family come with me on a work visa?
Many work visas allow spouses and qualifying children to accompany you in a dependent status, and in some cases spouses may be able to apply for work authorization. The specifics depend on the visa type. A consultation can explain what your family members can do.
What is premium processing?
Premium processing is an optional service that asks USCIS to act on certain petitions within a faster timeframe for an extra fee. It speeds up the agency’s decision but does not guarantee approval. An attorney can advise whether it makes sense for your case.
Do I need a lawyer for an employment visa?
Employment-based cases involve strict requirements, deadlines, and coordination between you and your employer, so many people and companies work with an attorney to avoid costly mistakes. Legal guidance can improve how a case is prepared and presented. Only a licensed attorney or accredited representative can give legal advice, not a notary or “notario.”
This is federal law — but where you are still matters
What is on this page applies the same way in every state. Which office and court handle your case, how detention works where you are, and how far local police cooperate with immigration enforcement are not the same across California, Arizona and New Mexico. Pick your state for that.