An experienced New York law firm assisting individuals and employers with immigrant visa services, consular processing and adjustment of status.
Employment immigration
A multi-step path to permanent residence.
An immigrant is a foreign national authorized to live and work permanently in the United States. To become an immigrant based on employment, USCIS must approve an immigrant petition (Form I-140) typically filed by an employer.
In most categories (see EB-2 and EB-3), a U.S. employer must complete a labor certification (ETA Form 9089) on your behalf. Once approved, your employer can file Form I-140. You will then either adjust status in the United States or complete consular processing abroad when a visa number becomes available.
01
EB-1 Category
Reserved for the most able and accomplished — extraordinary ability, outstanding researchers, and multinational executives. No labor certification required.
02
EB-2 Category
Members of the professions holding advanced degrees or aliens of exceptional ability. National Interest Waiver may bypass labor certification.
03
EB-3 Category
Skilled workers, professionals and other workers. All applicants require a job offer and labor certification.
Labor certification
The PERM process, navigated.
A U.S. employer seeks a Labor Certificate from the U.S. Department of Labor for a prospective alien employee. It is a prerequisite for EB-2 and EB-3 petitions, waived for National Interest Waiver and not required in EB-1.
The U.S. sponsoring employer is the petitioner; the prospective foreign employee is the beneficiary. Because labor certification is filed on the basis of prospective employment, the foreign national need not work for the sponsor during the application — but must work a reasonable period after receiving permanent residency.
Marriage green card
Bona fide marriage, properly documented.
A foreign national may apply for a marriage-based green card even after overstaying a visa, provided they were inspected and admitted into the United States. Spouses of U.S. citizens are immediate relatives — not subject to quota restrictions.
The U.S. citizen files Form I-130, often concurrently with Form I-485 for adjustment of status. EAD typically arrives within 4–5 months. If married less than 2 years at issuance, a conditional green card is granted and Form I-751 must be filed in the 90-day window before expiration.