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Employment Immigration

Key Point:
  • Employment-based immigration allows individuals to obtain a green card through categories like EB-1, EB-2, or EB-3, which typically require employer sponsorship and labor certification. 
  • At Aftalion Law Group, admitted in California and New York, legal counsel represents both employers and workers throughout each phase of the administrative application process.
  • Because visa wait times vary significantly based on country of origin, structural category selection is an essential element of long-term application planning.
Immigration attorney discussing employment-based immigration documents with a client during a legal consultation.

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U.S. Employment-based Immigration Attorneys

What is Employment-based Immigration?

Employment-based immigration allows foreign workers to permanently immigrate to the United States with an Employment-Based Immigrant Visa (EB Visa). 

Approximately 140,000 employment based visas are made available to immigrant workers each year by the United States Citizenship and Immigration Services (USCIS). 

The U.S. has a high demand for skilled workers and frequently cannot find American workers with the required skills to fill open jobs.  Competition is fierce for the limited number of visas that are available each year. 

FREE CASE EVALUATION - CALL US AT (424) 270-6767

To learn more, click above for a FREE case evaluation with the U.S. immigration attorneys of Aftalion Law Group.

Employment-based Immigration Visa

What are the Requirements?

In most cases, an applicant seeking an employment based green card must have a job offer from an employer who has already obtained labor certification approval from the U.S. Department of Labor. 

The employer usually files Forms I-140, Immigrant Petition for Alien Worker, with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) for the employment-based preference category that applies in the particular situation. 

Employment-based Visa Preference Categories

What Are the Employment-based Visa Preference Categories?

There are five Employment Based visa categories Employment First Preference (EB-1 visa), Employment Second Preference (EB-2 visa), Employment Third Preference (EB-3 visa), Employment Fourth Preference (EB-4 visa) and Employment Fifth Preference (EB-5 visa).  The processing times on each vary on a case-by-case basis. 

  • EB-1A visas are for those with extraordinary ability in education, athletics, business, arts or science. EB-1A applicants must have ample evidence demonstrating that they have attained widespread acclaim for their achievements and expertise.
  • EB-1B visas are for outstanding researchers and professors. Eb-1B applicants must have international recognition and at least three years of research or training.  They must be coming to the United States to pursue tenure. 
  • EB-1C visas are for multinational executives of managers. EB-1C applicants must have been employed by the overseas parent, branch, affiliate, or subsidiary of the prospective U.S. employer in a managerial or executive role for at least one of the prior three years.
  • EB-2 visas are reserved for foreign workers who have advanced degrees and exceptional ability. There are two subgroups within this category.  Professional Holding Advanced Degrees and Person of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.
    • Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
    • Persons with exceptional ability in the sciences, arts, or business.  Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business. 
  • EB-3 visas are for Skilled Workers, Professionals, and Unskilled Workers (Other Workers) All such workers generally require labor certification approval by the Department of Labor.  Skilled Workers, Professionals and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from Employment First Preference and Second Preference categories.
There are three subgroups within the category:
    • Skilled workers: Persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
    • Professional: Members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
    • Unskilled workers (Other workers) Persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.
  • EB-4 visas cover a wide range of individuals who fit into a very specific “Special Immigrant” category. Labor certification is not required for any of the Certain Special Immigrants subgroups. Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.
    • Ministers and religious workers
    • Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
    • Certain government of former government employees
    • Employees of certain international organizations and families
  • EB-5 visas are for Immigrant Inventors
    • Immigrant investors are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation.
    • A foreign national must invest, without borrowing, the following minimum qualifying capital dollar amounts in a qualifying commercial enterprise.
      • $1,000,000 (U.S.); or
      • $500,000 (U.S.) in a high-unemployment or rural area, considered a targeted employment area.

A qualifying investment must, within two years, create full-time jobs for at least 10 U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States, not including the investor and the investor’s spouse, sons, or daughters.

Immigrant Investor Visa Categories

What are the Immigrant Investor Visa Categories?
  • Employment creation outside a targeted area
  • Employment creation in a targeted rural/high unemployment area
  • Investor Pilot Program not in a targeted area
  • Investor Pilot Program in a targeted area

Streamlining Employment-Based Immigration: Aftalion Law Group Can Help

Navigating the complexities of employment-based immigration requires expert legal guidance. At Aftalion Law Group, our employment-based immigration attorneys are dedicated to assisting clients in understanding EB visa requirements and the process of obtaining a green card through employment. We provide comprehensive support, from the preparation and filing of USCIS Form I-140 to advising on the duration of labor certification and I-140 approval timelines. Our goal is to streamline the employment-based immigration process, ensuring that you meet all necessary criteria and receive timely approvals. Trust Aftalion Law Group to guide you through each step toward achieving your immigration objectives.

FREE case evaluation - CALL US AT (424) 270-6767

To learn more, click above for a FREE case evaluation with the U.S. immigration attorneys of Aftalion Law Group.

FAQ

Employment-based immigrant visas are divided into five preference categories. EB-1 is for individuals with extraordinary ability, outstanding professors, and multinational managers. EB-2 covers professionals with advanced degrees or exceptional ability. EB-3 is for skilled workers and professionals. EB-4 and EB-5 cover special immigrants and investors, respectively.

Employer costs for H-1B sponsorship include the base filing fee, fraud prevention fee, ACWIA training fee (which varies by company size), and optional premium processing. Total costs typically range from $2,500 to $8,000 or more depending on company size and whether premium processing is elected. Legal fees are separate.

Yes. The most common path from H-1B to a green card involves employer sponsorship through the PERM labor certification process, followed by an I-140 immigrant petition and then an I-485 adjustment of status application. The timeline depends on your preference category and country of birth.

Visa sponsorship generally refers to an employer supporting a temporary work visa such as an H-1B, L-1, or O-1. Employment-based immigration refers to the process of obtaining permanent residency through an employer, which typically involves PERM certification and an approved I-140 petition.

Sponsoring an employee allows employers to retain specialized talent and fill workforce gaps. The process can take several months to years and involves filing fees, legal costs, and compliance requirements. Employers must also demonstrate that no qualified U.S. worker is available for the position in most EB categories.