Employment Green Card Lawyer in New York
An employment-based green card gives a foreign worker lawful permanent residence in the United States through a job, special skills, or recognized achievement. The process usually involves several steps and depends on the worker’s qualifications and the category that fits best. At the Law Offices of Albert Goodwin, PLLC, we guide employers and individuals through the employment green card process from start to finish.
We represent clients in New York City, throughout Nassau, Suffolk, and Westchester counties, and across the country. Below is an overview of the main categories and the steps involved.
EB-1: Priority Workers
The EB-1 category is for priority workers and includes three groups: persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers with international recognition; and certain multinational managers and executives transferred to a U.S. company. EB-1 is attractive because it does not require PERM labor certification, and persons of extraordinary ability may self-petition without an employer. These cases rest on strong documentary evidence of achievement, so careful preparation of the record is essential.
EB-2: Advanced Degree, Exceptional Ability, and the National Interest Waiver
The EB-2 category covers professionals who hold an advanced degree, generally a master’s degree or a bachelor’s degree plus several years of progressive experience, and persons of exceptional ability in their field. Most EB-2 cases require an employer and PERM labor certification.
An important exception is the National Interest Waiver, which allows a worker to skip the employer and PERM requirements when the proposed work has substantial merit and national importance and it is in the national interest to waive the usual job-offer requirement. The national interest waiver permits self-petitioning and is often used by researchers, entrepreneurs, and skilled professionals whose work benefits the United States.
EB-3: Skilled, Professional, and Other Workers
The EB-3 category includes skilled workers in positions requiring at least two years of training or experience, professionals holding a bachelor’s degree, and other workers in positions requiring less than two years of training. EB-3 cases generally require an employer and PERM labor certification. This category is a common path for many positions that do not meet the higher EB-2 thresholds.
PERM Labor Certification
For most EB-2 and EB-3 cases, the first major step is PERM labor certification through the Department of Labor. The employer must:
- Obtain a prevailing wage determination establishing the proper wage for the position and location.
- Conduct required recruitment to test the U.S. labor market and document the results.
- Confirm that no qualified, willing, and available U.S. worker was found for the role.
- File the ETA-9089 application for certification.
PERM is detailed and time-sensitive, and errors can cause delays or denials. We help employers run a compliant recruitment process and prepare an accurate application.
The I-140 Petition
Once PERM is certified, or immediately in categories that do not require PERM, the employer files Form I-140, the immigrant petition for a foreign worker. The I-140 establishes the worker’s eligibility for the chosen category and, for cases requiring a job offer, the employer’s ability to pay the offered wage. Premium processing is available for many I-140 petitions. Approval of the I-140 confirms the worker’s place in line but is not, by itself, the green card.
Priority Dates and the Visa Bulletin
Each case has a priority date, generally the date the PERM or the I-140 was filed, depending on the category. Because the number of green cards available each year is limited by category and country of birth, applicants from countries with high demand may wait for their priority date to become current. The Department of State publishes a monthly visa bulletin showing which priority dates are eligible to move forward. We monitor the bulletin so clients know when they can take the next step.
Adjustment of Status or Consular Processing
When a visa number is available, the final step is to obtain the green card itself. A worker already in the United States in valid status can often apply through adjustment of status, filing Form I-485 with U.S. Citizenship and Immigration Services and, in many cases, applying for work and travel authorization while the case is pending. In some situations, this final step can be filed at the same time as the I-140 when a visa number is current. A worker outside the United States completes consular processing at a U.S. consulate abroad. We help clients choose and complete the right path.
To see how these categories fit into the larger system, visit our pages on employment-based immigration and the green card process generally. We tailor each case to the worker’s qualifications and goals.
Call us at 212-233-1233 or email [email protected] to discuss your employment green card matter with the Law Offices of Albert Goodwin, PLLC.
About the Author
Albert Goodwin Esq. is a licensed New York attorney who guides immigrants and their families through family-based and employment-based petitions, green cards, naturalization, asylum, and removal defense before USCIS and the immigration courts. He can be reached at 212-233-1233 or [email protected].
