Established Employment Based Green Cards Attorney for EB Visa Petitions

An employment-based green card petition runs on two tracks simultaneously. The employer must complete labor certification and file the sponsoring petition. The applicant must meet the category's evidentiary standard. Our attorneys manage both sides from start to approval.
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Our Approach

Employment-Based Green Cards Move in Sequence. One Error Resets the Clock

The PERM process is the first step in most employment-based green card cases. Filed with the Department of Labor rather than USCIS, it requires the employer to conduct and document a full recruitment campaign. Only after demonstrating that no qualified domestic worker is available for the role will the Department of Labor issue the certification that allows the I-140 petition to proceed.

For EB-1A and EB-2 National Interest Waiver cases, no PERM is required. Both categories allow self-petition without employer sponsorship. The evidentiary standard is high in both cases, and generic petitions rarely hold up under USCIS scrutiny. What determines the right approach is the category. The Law Offices of Mary Kennedy, an immigration law firm with two decades of experience, identifies that starting point before any filing begins and structures each EB Visa petition to meet the specific evidentiary standard that applies.

Requirements

Employment-Based Green Cards: Eligibility Criteria

Eligibility depends on whether the case is employer-sponsored or self-petitioned. Each path carries its own requirements.

Employer-Sponsored Categories

Employer Requirements:
  1. The position must be a permanent, full-time role of at least 35 hours per week located within the US.
  2. The role must be genuine and not created solely to support an immigration filing.
  3. A documented recruitment campaign must demonstrate no qualified U.S. worker is available.
  4. The employer must pay at least the prevailing wage as determined by the Department of Labor.
Employee Requirements
  1. Applicants must meet the educational and experience requirements of the applicable EB category.
  2. Criminal convictions or grounds of inadmissibility disqualify most applicants from proceeding.
  3. A documented intent to work for the sponsoring employer in the offered role is required.

Self-Petition Categories

EB-1A — Extraordinary Ability

Foreign nationals with sustained national or international recognition in sciences, arts, education, business, or athletics may self-petition without a job offer or PERM labor certification.

EB-2 — National Interest Waiver

Applicants whose work serves the national interest of the U.S. may self-petition without employer sponsorship, demonstrating the substantial merit of their work and the benefit of waiving the job offer requirement.

Documentation

Employment-Based Green Cards: Required Documents

Document requirements vary by category and whether the case is employer-sponsored or self-petitioned. The following covers the core filing requirements across most employment-based green card cases.
Documents filed by the sponsoring employer
  • PERM Labor Certification from the Department of Labor must be approved before the I-140 is filed — required for EB-2 and EB-3 categories.
  • Form I-140 (Immigrant Petition for Alien Workers) is filed with USCIS after PERM approval.
  • Financial documentation such as tax returns or audited statements must confirm the employer’s ability to pay the offered wage.
  • A detailed job description and organizational chart establish the legitimacy of the offered position.
Documents required from the applicant
  • Valid passport with sufficient validity beyond the intended stay.
  • Academic credentials, including degrees, transcripts, and certificates confirming qualifications for the applicable category.
  • Work history documentation through employment records and reference letters.
  • Professional licenses or certifications where the role requires them.
  • Form I-485 filed once a visa number becomes available in the applicable category.
Additional documents for self-petition categories

EB-1A:

  • Evidence of sustained national or international recognition, such as awards, published work, judging roles, or media coverage.

EB-2 NIW:

  • Evidence demonstrating the substantial merit of the applicant’s work and its benefit to the national interest of the U.S.

EB-5:

  • Evidence of the qualifying investment, source of funds, and documentation confirming ten full-time positions have been or will be created for US workers.
Benefits

Employment Based Green Cards: The Benefits

Securing permanent residency through employment opens rights and opportunities that no temporary work visa provides.

Permanent authorization to live and work in the U.S. without employer-tied visa restrictions

Freedom to change employers or roles without filing a new visa petition in most circumstances

Permanent resident status does not expire or require annual renewal

Spouses and children under 21 eligible as derivative beneficiaries

Access to government positions requiring permanent resident status

Priority date locked at PERM or I-140 filing date

FAQ

What Employment-Based Green Card Applicants Ask Most

Do I need an employer to sponsor my green card?

Not in every case. EB-1A applicants with extraordinary ability and EB-2 National Interest Waiver applicants may both self-petition without a job offer or employer sponsorship. Every other category requires a sponsoring U.S. employer to initiate and drive the petition.

What is the PERM process and why does it matter?

PERM is the labor certification process administered by the Department of Labor, not USCIS. Before filing the I-140 petition, the employer must conduct a documented recruitment campaign proving no qualified U.S. worker is available for the offered position. The Department of Labor reviews the recruitment results before issuing the certification. Without an approved PERM, most EB-2 and all EB-3 petitions cannot move forward. A filing error at the PERM stage can set the entire case back by a year or more.

How does my country of birth affect my green card timeline?

Country of birth determines the priority date queue, not current country of residence. Applicants born in India and China face significantly longer wait times across EB-2 and EB-3 categories because annual per-country allocations are overwhelmed by demand. An applicant born in India in the EB-3 queue may wait decades. An applicant born in a low-demand country in the same category may wait far less. The monthly Visa Bulletin published by the State Department tracks where priority dates currently stand for each category and country.

Can I change employers while my green card case is pending?

Yes, under certain conditions. The AC21 portability rule allows an applicant to change to a same or similar role after the I-485 has been pending for at least 180 days and the underlying I-140 has been approved. The new role must be in the same or a similar occupational classification as the original petition. Changing employers before meeting these conditions can jeopardize the pending application.

What happens if my priority date retrogresses after I file?

Retrogression happens when the State Department pulls back a previously current priority date due to demand exceeding supply. An applicant whose I-485 is already filed does not face denial — the application is simply placed on hold. Once the date becomes current again, processing resumes. Our Employment-Based Green Cards attorney team monitors Visa Bulletin movements and advises clients when retrogression affects their category.

EB Green Card Starts Before I-140

Connect with our attorneys for the preparation your Employment Based Green Card petition requires from day one.
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