Residency & Citizenship
Employment-Based Residency EB-1, EB-2 & EB-3
Your talent and work have immigration value. Employment-based immigrant visas open the door to permanent residence for professionals, skilled workers, and individuals with extraordinary ability.
Employment-based permanent residence is one of the most solid pathways for those with a job offer from a U.S. employer or internationally recognized extraordinary abilities. Attorney Jesus Reyes advises both Miami employers and foreign workers across all employment-based immigration categories.
What Is Employment-Based Permanent Residence?
The U.S. employment-based permanent residence system is organized into five preference categories (EB-1 through EB-5). The most common are: EB-1 (for individuals with extraordinary ability, outstanding researchers, and multinational executives — no labor certification required), EB-2 (for professionals with advanced degrees or exceptional ability, including the National Interest Waiver sub-category), and EB-3 (for skilled workers, professionals with a bachelor's degree, and other workers).
For EB-2 and EB-3 categories requiring employer sponsorship, the process generally begins with PERM Labor Certification (Program Electronic Review Management) through the Department of Labor (DOL). This process verifies that no qualified U.S. worker is available for the position offered to the foreign national. Once PERM certification is obtained, the employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS.
In Miami and South Florida, companies in technology, healthcare, construction, hospitality, and creative industries frequently sponsor foreign workers for permanent residence. Our firm has experience representing both employers during the PERM process and workers seeking advice about their rights and options throughout the process.
Who Qualifies for Employment-Based Residency?
Requirements vary by employment category, but generally include:
- EB-1A: Extraordinary ability in sciences, arts, education, business, or athletics — demonstrated through awards, publications, distinguished memberships, or other standard criteria. No job offer or PERM required.
- EB-1B/EB-1C: Outstanding researchers or professors (with job offer), or multinational executives and managers (transferred by their company). PERM not required.
- EB-2 with PERM: Master's degree or higher (or bachelor's plus 5 years of progressive experience), with a job offer from a U.S. employer and an approved PERM certification.
- EB-2 NIW: Advanced degree or exceptional ability, demonstrating that the work is in the national interest of the U.S. under the Dhanasar standard. No sponsoring employer required.
- EB-3: 4-year college degree, at least 2 years of training or experience for skilled workers, or for positions not requiring specific training (other workers). PERM required.
- The sponsoring employer must demonstrate financial ability to pay the offered wage and comply with all PERM process requirements if applicable.
The Process with Our Firm
Evaluation of the Right Category
Attorney Jesus Reyes analyzes the worker's credentials, the employer's profile, and available options to determine the most appropriate employment category and whether the PERM process applies.
PERM Labor Certification (if applicable)
For categories that require it, we manage the PERM Labor Certification process with the DOL: job description, documented recruitment, filing Form ETA-9089, and responding to audits if they arise.
Filing Form I-140
With approved PERM certification (or directly for EB-1 and NIW), we prepare and file Form I-140 with USCIS. We can request premium processing (15 business days) where warranted.
Adjustment of Status or Consular Processing
Once the case's priority date is current per the Visa Bulletin, we proceed with adjustment of status or consular processing to obtain permanent residence and the green card.
Frequently Asked Questions about Employment-Based Residency
How long does the employment-based green card process take?+
The full process can take 2 to 5 years or more, depending on the category and the worker's country of birth. The PERM process alone takes 6 to 18 months. The biggest variable is the Visa Bulletin waiting period, which for workers born in India or China can stretch for decades in the EB-2 and EB-3 categories.
What happens if I change employers while waiting for my employment-based green card?+
Under I-140 portability (INA Section 204(j)), if the I-140 has been approved and the adjustment of status has been pending for more than 180 days, the worker may change to a same or similar job without losing their priority date or I-140 approval. This is a complex issue that requires legal advice before making any decisions.
Can the employer withdraw the I-140 after it is approved?+
Yes, an employer can withdraw the I-140, but if the petition was approved more than 180 days ago, the worker can retain the Priority Date to use with a new I-140 petition. This protects workers who have accumulated significant waiting time.
What is PERM labor certification and is it always required?+
PERM labor certification is a process before the U.S. Department of Labor in which the employer demonstrates that no qualified, available, and willing U.S. workers exist for the position at the prevailing wage. It is required for EB-2 (with PERM) and EB-3 categories. It is NOT required for EB-1 (extraordinary ability, multinational executives, outstanding professors) or EB-2 NIW (national interest). The full PERM process typically takes 8 to 14 months before the I-140 can be filed.
Can I apply for employment-based residency without an employer sponsor?+
Yes. Two categories require no employer: EB-1A (extraordinary ability) and EB-2 NIW (national interest). In both, you file the I-140 as a self-petitioner. The EB-2 NIW is especially popular among physicians, researchers, engineers, and entrepreneurs who can demonstrate their work benefits the United States.
Your situation has a solution.
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