EN 
ES Employment-Based Immigration
Looking to build your career in the United States? We help professionals, skilled workers, and employers navigate the complex process of employment-based visas and green cards. Whether you’re seeking temporary work authorization or permanent residency, our legal team will guide you every step of the way.
What Is Employment-Based Immigration?
Employment-based immigration allows foreign nationals to live and work in the United States through a job offer, specialized skills, or investment. U.S.
employers can sponsor qualified workers for temporary or permanent visas in a wide range of fields. These visas include categories like H-1B for professionals, L-1 for intracompany transfers, and EB visas for permanent residency. Employment-based immigration plays a key role in helping businesses grow while giving individuals the opportunity to build a future in the U.S.
Employment-Based Immigration Services
H-1B Visa
We prepare H-1B visa petitions for U.S. employers seeking to hire skilled foreign workers in specialty occupations
The H‑1B visa enables U.S. employers to hire foreign professionals in specialty occupations—typically requiring at least a bachelor’s degree or its equivalent in fields such as engineering, IT, sciences, education, business, or healthcare.
Key requirements include:
- A valid Labor Condition Application (LCA) from the Department of Labor, confirming compliance with wage and working conditions.
- Employer sponsorship via Form I‑129, with USCIS approval and, if necessary, consular visa issuance.
- Currency of the H‑1B “cap”, including 65,000 under the general cap and 20,000 for U.S. advanced degree holders, with selection via lottery when applications exceed the cap.
- Initial status granted for up to 3 years, with extensions allowed up to 6 years, and further extensions possible under AC21 based on pending green card petitions.
- Dual intent eligibility allows H‑1B holders to simultaneously pursue permanent residency without jeopardizing their nonimmigrant status.
What occupations qualify under H‑1B?
Positions requiring specialized knowledge and at least a bachelor’s degree in the related field such as engineering, medicine, IT, architecture, business, and more.
How does the H‑1B cap and lottery system work?
USCIS registers applicants annually in March; if the number of registrations exceeds the 85K cap (65K general + 20K master’s exemption), cases are randomly selected through a lottery.
How long can someone stay on H‑1B status?
The initial period is up to 3 years, extendable to 6 years. Extensions beyond 6 years are permitted when a green card petition (I‑140 or PERM) is pending 365+ days, or an I‑140 is approved and a visa is unavailable.
Can H‑1B visa holders apply for a green card?
Yes. H‑1B allows dual intent, enabling holders to pursue permanent residency via employment-based sponsorship while maintaining legal nonimmigrant status.
Can I work for multiple employers or change jobs on H‑1B?
Changes require the new employer to file a transfer petition; H‑1B portability rules allow work at a new job once the petition is filed. Multiple concurrent H‑1Bs are also permitted in certain cases .
L-1 Visa
We help multinational companies transfer executives, managers, or specialized workers to U.S. offices.
The L‑1 visa allows multinational companies to transfer certain employees to their affiliated U.S. offices. There are two main categories:
- L‑1A: For executives and managers. Initial stay is up to 3 years, extendable to a total of 7 years.
- L‑1B: For employees with specialized knowledge. Initial stay is up to 3 years, extendable to a total of 5 years.
Eligibility requirements include:
- The employee must have worked continuously for at least one year in the last three years for a qualifying foreign entity.
- Both U.S. and foreign entities must maintain a qualifying relationship (e.g., parent, branch, affiliate, subsidiary).
- Petitioning employer must file Form I‑129 with supporting documentation establishing the qualifying relationship and job role.
Unlike some other work visas, the L‑1 has no annual cap, permits dual intent, and allows documented travel in and out of the U.S. during status.
Dependents (L‑2)—spouses and unmarried children under 21 can accompany the principal visa holder. Spouses may obtain work authorization in the U.S.
Green card path: L‑1A holders often pursue employment-based permanent residence through EB-1C (multinational manager/executive) without a labor certification.
What roles are eligible for L‑1A vs. L‑1B?
- L‑1A: executive or managerial roles.
- L‑1B: specialized knowledge positions involving proprietary company information or internal systems.
What is the required prior employment period?
The employee must have worked abroad continuously for one year within the past three years for the qualifying company.
Is there a visa quota or lottery?
No. The L‑1 visa is not subject to an annual cap or lottery. Applications are accepted year-round.
Can L‑1 spouses work in the U.S.?
Yes. L‑2 spouses are eligible for work authorization and may work for any U.S. employer.
How long can I stay on L‑1 and can I apply for a green card?
Initial status is up to 3 years. L‑1A can be extended to 7 years; L‑1B to 5 years. Dual intent allows holders—especially L‑1A—to pursue permanent residency via EB-1C.
O-1 Visa
We represent individuals with extraordinary ability in arts, science, education, business, or athletics in obtaining O-1 visas.
The O‑1 nonimmigrant visa is designed for individuals with extraordinary ability in fields such as sciences, arts, education, business, athletics, or exceptional achievement in motion picture/television. Eligibility is demonstrated through sustained national or international acclaim, supported either by a major award or at least three of eight evidentiary criteria under 8 C.F.R. § 214.2(o).
There are four subcategories:
- O‑1A for science, business, education, or athletics,
- O‑1B for arts and entertainment,
- O‑2 for essential support personnel,
- O‑3 for dependents (spouse/children).
The visa allows an initial stay of up to 3 years, with unlimited one-year extensions, no annual cap, and premium processing available. It also permits dual intent, meaning holders may concurrently pursue permanent residency.
What qualifies as “extraordinary ability”?
You must show sustained national or international acclaim, either via a prestigious award (e.g., Nobel, Oscar) or by meeting at least three evidentiary criteria, such as published material, leading role, critical acclaim, high salary, or original contributions.
Who can file the O‑1 petition?
A U.S. employer or U.S. agent—including foreign employers via U.S. agent—must file Form I‑129; self-petition is not permitted.
How long is approval valid, and can it be extended?
Initial approval is valid for up to 3 years, with unlimited extensions in one-year increments, provided the beneficiary remains eligible and employed in their field.
Is there a limit or lottery process like H‑1B?
No. The O‑1 visa is not subject to any annual cap or lottery, and premium processing can expedite decisions (e.g., 15-day adjudication).
Can family join or can I keep working on O‑1 while applying for a green card?
Yes. Spouse and children (O‑3) may accompany the primary applicant (though O‑3 dependents may not work). And the O‑1’s dual-intent status allows concurrent filing for permanent residency.
TN Visa
We assist Canadian and Mexican professionals in obtaining TN visas under USMCA for work in the U.S.
The TN visa provides expedited temporary work authorization for Canadian and Mexican citizens employed in professional occupations listed under the USMCA (formerly NAFTA). Applicants must present a valid job offer from a U.S. employer, along with credentials (typically at least a bachelor’s degree or equivalent experience), and proof of nationality.
Canadians may apply directly at a U.S. port of entry by presenting documentation to CBP, with no consular visa required. Mexican nationals must obtain a TN visa at a U.S. consulate before seeking entry at a port of entry. Initial status is granted for up to three years, and extensions are available through Form I‑129 without numerical limits.
Dependents (spouse and unmarried children under 21) may accompany the principal in TD status, which allows study but not work. Self-employment is not permitted, and the individual must maintain nonimmigrant intent, as TN does not allow dual intent.
Who is eligible for the TN visa?
Canadian and Mexican citizens with a job offer in a USMCA-listed profession, possessing the required educational credentials (usually a bachelor’s degree) or equivalent experience.
How do Canadians apply for TN status?
They may apply directly at a U.S. port of entry by presenting proof of citizenship, a detailed job offer letter, credentials, and applicable fee—no consular visa is needed.
What about Mexican citizens?
Mexican applicants must first obtain a TN visa at a U.S. consulate in Mexico before using it to seek admission at a U.S. port of entry.
How long can one stay on TN status and is renewal possible?
An initial stay of up to 3 years is granted, and extensions are available through I‑129 filings; TN status may be renewed indefinitely absent issues.
Can TN status holders apply for a green card?
No, TN does not allow dual intent. Individuals pursuing permanent residence should either switch to a dual-intent visa (like H‑1B) or carefully manage timing to avoid undermining TN status.
PERM Labor Certification
We support employers through the DOL recruitment and application process for employment-based green cards.
PERM (Program Electronic Review Management) is the mandatory first step in most employment-based green card applications (EB-2 & EB-3), managed by the U.S. Department of Labor (DOL). It ensures no qualified U.S. workers are available for the position and that hiring a foreign worker won’t harm U.S. labor conditions.
Key process steps:
- Prevailing Wage Determination (PWD): Employer obtains a wage estimate from DOL for the job location; PWDs currently take ~6–8 months.
- Recruitment: Employer advertises the role (state workforce agency, Sunday newspapers, plus three optional venues for professionals) and tests the labor market under CFR regulations.
- Filing ETA Form 9089: Once recruitment shows no eligible U.S. applicants, the employer files the form—electronically via FLAG—and receives a priority date upon DOL receipt.
- Audit Response: Random or targeted audits may follow; employers get 30 days to respond.
- Certification Validity: Approved PERM certification is valid for 180 days to file Form I-140; expired certifications are invalid.
How long does PERM take?
Expect 4–6 months from initiation to filing (6–8 weeks for PWD, plus 30-day recruitment), and 6–12 months for certification—longer if audited.
Who pays for PERM costs?
By regulation, employers bear all costs—including recruitment, legal, and filing—and cannot pass these to the employee.
Can certain occupations skip PERM?
Yes. Schedule A occupations (e.g., nurses, physical therapists), plus EB-1, EB-4, EB-5, and EB-2 National Interest Waiver (NIW) cases, bypass PERM.
What happens if the DOL audits?
The employer has 30 days to respond. Audit delays certification by months and requires thorough record-keeping of recruitment steps and results.
Does PERM give the foreign worker permission to start working?
No. PERM is just the labor certification. The worker must maintain valid nonimmigrant status (e.g., H-1B) until they complete the I-140 and I-485 steps.
Form I-140 – Immigrant Petition for Alien Worker
We help employers and individuals file Form I-140 as part of the employment-based green card process.
Form I‑140 is used by U.S. employers or by self-petitioners in EB-1A and National Interest Waiver (EB‑2 NIW) cases to formally request immigrant worker classification for a foreign national. It establishes eligibility under an employment-based (EB) category (EB‑1, EB‑2, or EB‑3) and assigns a priority date, which determines when the beneficiary can file for a green card via adjustment of status or consular processing.
For labor certification–based cases (e.g., EB‑2/EB‑3), the I‑140 must be filed within 180 days of PERM certification. USCIS offers premium processing (15 business-day initial adjudication) for most categories, accelerating decisions at an additional cost. Upon I‑140 approval, the beneficiary may extend certain nonimmigrant statuses such as H‑1B beyond standard limits, and either file Form I‑485 (if a priority date is current) or proceed with consular processing.
Who can file Form I‑140?
U.S. employers file on behalf of beneficiaries in EB‑1, EB‑2 (non-NIW), or EB‑3 categories; in EB‑1A and EB‑2 NIW cases, the alien may self-petition.
How long does I‑140 processing take?
Standard processing averages 6–8 months (approximately 8 months), while premium processing delivers an initial decision within 15 calendar days.
What is the priority date, and why does it matter?
The priority date (from PERM or I‑140 submission) establishes the beneficiary’s place in line for a green card. Visa availability depends on this date relative to the Department of State’s Visa Bulletin.
What documentation is required?
Requirements depend on the EB category, but generally include degree certificates, employment letters, evidence of extraordinary ability or national interest (where applicable), and valid labor certification if required.
National Interest Waiver (NIW)
We assist individuals with advanced degrees or exceptional abilities in applying for green cards without employer sponsorship.
The NIW is an option within the EB‑2 classification allowing individuals with an advanced degree or exceptional ability to self-petition for a green card—waiving both the job offer and PERM labor certification if their work is in the national interest of the U.S.
Under Matter of Dhanasar, USCIS evaluates NIW petitions using three legal criteria:
- The proposed endeavor must have substantial merit and national importance.
- The petitioner must be well positioned to advance the endeavor.
- It must be beneficial to the U.S. to waive labor certification.
Petitioners file Form I‑140 and may submit required documentation (e.g., ETA‑9089 sections) without employer sponsorship. Premium processing (45-day decision) is available. Physicians practicing in underserved areas receive favorable consideration under NIW‑P rules .
Once approved, the applicant benefits from:
- Retained priority date for green card processing,
- Eligibility to file Adjustment of Status (I‑485) when the priority date is current,
- Green card eligibility for derivative spouses and children under 21.
Who qualifies for an NIW petition?
Applicants must either hold an advanced degree (or foreign equivalent) or demonstrate exceptional ability in sciences, arts, or business; additionally, their proposed endeavor must clearly align with national interest criteria.
What is the Dhanasar three-prong test?
Petitions are approved when they (1) have substantial merit and national importance; (2) show the applicant is well positioned to advance the endeavor; and (3) demonstrate that waiving labor certification benefits the U.S. overall.
Can I self-petition for an NIW?
Yes, unlike PERM-based EB‑2, NIW allows self-petitioning via Form I‑140 without employer sponsorship or job offer.
How long does the NIW process take?
Regular processing ranges from 6 to 15 months depending on service center; premium processing offers a 45-day adjudication window.
Why Choose Z&W Law Firm?
Strategic and Personalized Legal Support
We tailor our approach to fit your specific situation and immigration goals.
Proven Experience Across All Immigration Matters
From family petitions to deportation defense, we bring proven expertise across every area of U.S. immigration law.
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We speak your language and understand your background, ensuring you feel heard, respected, and supported.
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We’re not afraid of challenges. Our team has successfully handled difficult cases with commitment and results.
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