Employment-Based
Permanent Residency
Strategic Immigration Solutions
for Professionals and Employers
At Kameli Law, we provide comprehensive counsel for all employment-based green card categories — guiding both U.S. employers and foreign professionals through strategy, eligibility assessment, evidence development, and filing.
Our team streamlines every stage of the process — PERM labor certification, Form I-140, and Adjustment of Status or Consular Processing — ensuring full compliance with federal regulations, precise documentation, and minimized delays.
Why Choose Employment-Based Immigration?
Employment-based green cards offer one of the most stable and flexible paths to permanent residency in the United States:
- Long-term stability and eventual eligibility for U.S. citizenship.
- Freedom to work without ongoing nonimmigrant sponsorship.
- Derivative benefits for your spouse and unmarried children under 21.
- Career mobility — ability to change employers post-approval.
- Access to in-state tuition, financial stability, and certain benefits reserved for permanent residents.
Who Qualifies for Employment-Based Immigration
Employment-based categories (INA 203(b)) are designed for:
- Priority workers and executives (EB-1)
- Professionals with advanced degrees or exceptional ability (EB-2)
- Skilled workers and professionals (EB-3)
Each category carries specific eligibility rules and evidentiary standards. Kameli Law develops criteria-driven strategies tailored to your background, goals, and visa availability.
Our Employment-Based
Visa Services
EB‑1: Priority Workers
For high-achieving professionals recognized internationally or by their employers.
- EB-1A (Extraordinary Ability): Self-petition allowed. Show a one-time major award (e.g., Nobel, Oscar) or meet at least 3 of 10 USCIS criteria (such as published material, major media coverage, high remuneration, or selective memberships).
- EB-1B (Outstanding Professors/Researchers): Requires a permanent offer from a U.S. university or research employer, at least 3 years of experience, and proof of achievement in 2 of 6 regulatory criteria.
- EB-1C (Multinational Managers/Executives): For executives who worked abroad for a qualifying company for 1 of the past 3 years and are transferring to a U.S. affiliate or subsidiary.
EB-2: Advanced Degree Professionals
EB-2: Advanced Degree Professionals
For individuals holding an advanced degree (Master’s or higher) or a Bachelor’s + 5 years of progressive experience, or those with exceptional ability in the sciences, arts, or business.
Requirements Include:
- Job offer and PERM Labor Certification (unless applying for NIW).
- Position must require an advanced degree.
- Proof of exceptional ability through at least three of the following: Academic record or degree, 10+ years of experience letters, Professional license or certification, High salary documentation, Membership in professional associations, Recognition from peers or industry bodies
EB-2 National Interest Waiver (NIW)
The NIW allows qualified professionals to self-petition without a job offer or PERM if their work provides substantial benefit to the United States. Eligibility — The Three-Prong Matter of Dhanasar Test:
- Substantial Merit and National Importance: The proposed work has meaningful impact at the regional or national level.
- Well Positioned to Advance the Endeavor: The applicant’s achievements and plan show clear capacity to deliver results.
- Waiver Benefits the U.S.: Waiving the job offer and PERM process serves the national interest.
NIW Typical Profiles
- Researchers in public health, energy, or technology.
- Entrepreneurs creating jobs or driving regional growth.
- Professionals addressing environmental or infrastructure challenges.
- Educators and policy experts improving U.S. systems.
EB-3: Skilled Workers & Professionals
For positions requiring two or more years of experience (Skilled Workers) or a U.S. bachelor’s degree or equivalent (Professionals). Most cases require:
- A permanent, full-time job offer, and
- An approved PERM Labor Certification.
PERM Labor Certification
The PERM process is the foundation of most EB-2 and EB-3 cases. It proves to the Department of Labor that hiring a foreign worker will not harm U.S. workers’ opportunities or wages. Key Steps:
- Prevailing Wage Determination (establish minimum wage)
- Recruitment and Job Advertising (minimum 60 days)
- Recruitment Report and Filing (ETA-9089)
- DOL Review and Certification
Employment-Based
Permanent Residency FAQ
How long does the employment-based green card process take?
EB-1 typically takes 1–2 years, while EB-2 and EB-3 may take 2–5 years or more, depending on the applicant’s country of birth and visa backlog.
Can I change employers during the process?
Yes. Once your I-140 is approved and your I-485 has been pending 180+ days, you can change to a similar position under AC21 portability.
What’s the difference between EB-2 and EB-2 NIW?
Regular EB-2 requires a job offer and PERM; NIW allows self-petitioning without employer sponsorship if your work benefits the U.S.
Can my family members also get green cards?
Yes. Your spouse and unmarried children under 21 may obtain derivative green cards through your application.
Do I need to maintain legal status while waiting?
Yes. You must maintain lawful status unless eligible to adjust under special provisions such as Section 245(i).
Request a Free Evaluation
Whether you are an employer planning to sponsor talent or a professional pursuing permanent residency, our team can help you determine the best EB category and strategy for success.