Employment-Based Immigration
Employment-Based Green Cards and Employer Sponsorship: An Overview
An employment-based green card allows a foreign national to live and work in the United States permanently based on a job offer, professional achievements, or skills that benefit the country. Attorney Kasim Hussain works with both employers and individuals on these cases. However, they are layered, often take years, and a decision made at the start can shape the entire case.
If you are in the United States on a temporary work visa, that status is often the bridge to a green card. You can learn more on our Temporary Stay and Non-Immigrant Visas page.
Who qualifies for an employment-based green card?
Employment-based green cards fall into several categories that broadly cover:
- Individuals with exceptional achievements in fields such as science, the arts, business, research, or athletics
- Professionals and skilled workers sponsored by a U.S. employer
- Individuals whose work benefits the United States, who in some cases may file without a sponsor
- Multinational managers and executives, special immigrants such as certain religious workers, and investors in U.S. businesses
Choosing the right category, sometimes from more than one option, is one of the most important decisions in the case. Additionally, the category you choose can affect how long you wait and what evidence you need.
How does employer sponsorship for a green card work?
Most employment-based cases move through a few broad stages:
- Strategy and eligibility review. We can review the position, your background, and the immigration history you share with us to help identify the options that fit your situation.
- Qualifying the job or the person. Depending on the category, this may involve a PERM labor certification with the Department of Labor, and a petition is filed with USCIS.
- Waiting for a visa number. Green cards are limited each year, so many applicants must wait their turn.
- Becoming a permanent resident. The final stage is completed inside the United States or through a U.S. consulate abroad.
What is PERM labor certification?
In many employer-sponsored cases, the employer must first show the Department of Labor that there are no able, willing, qualified and available U.S. workers for the position, and that hiring the foreign worker will not adversely affect the wages and working conditions of U.S. workers. This is commonly called PERM labor certification. Because the job description, the recruitment process, and the paperwork all have to line up, small errors at this stage can cause delays or setbacks later in the case.
Why work with an employment-based immigration lawyer?
Eligibility turns on details. The wording of a job description, the timing of a filing, or the way accomplishments are presented can change the outcome. Issues that seem minor, such as a past gap in status, an old arrest, international travel, a job change, or a previous immigration filing, can have serious and sometimes permanent consequences if they are not identified early. Policies and forms also change, and what worked last year may not work today.
If retained, KHImmigration Law can help with strategy, prepare the filings, organize the evidence, and respond to government requests within the scope of our engagement. We are also available to help you prepare for an interview and to help you keep track of key dates. For employers, we can advise on the sponsorship process and the government's requirements. The employer remains responsible for its recruitment, wage, and record-keeping obligations. For individuals filing on their own behalf, we can help present the evidence you provide in a clear and organized way.
If a family member may also have a path to a green card, our Family-Based Immigration page explains those options.
Frequently Asked Questions
Can I apply for an employment-based green card without an employer sponsor?
In some categories, yes. Whether you may be a good fit depends on your background and achievements, which we can review in a consultation.
How long does the employment-based green card process take?
It varies widely by category, country of birth, and government backlogs. We can discuss typical timelines for your category once we understand your situation.
Can I change jobs or travel while my case is pending?
Sometimes, but either can put a pending case at risk, so it is wise to speak with an immigration attorney before making any changes.
Does an employer have to be in Maryland to work with your firm?
No. Immigration law is federal, so KHImmigration Law works with employers and individuals across the United States, and abroad on U.S. visa and consular processing cases, in addition to clients in Maryland and near Washington, DC.
Do you offer fixed fees for employment-based cases?
KHImmigration Law offers fixed fees for most matters. We can discuss the fee for your case during a consultation. Government filing fees are separate, and for PERM labor certification, certain fees and costs must be paid by the employer.
Questions About Employment-Based Immigration?
Whether you are an employer sponsoring a valued team member or a professional exploring your own petition, a sound strategy starts with understanding your options. KHImmigration Law is an immigration law firm in Riverdale, MD, near Washington, DC, and serves clients nationwide. Attorney Kasim Hussain is licensed in Maryland and admitted to the U.S. District Court for the District of Maryland. Federal court cases outside Maryland may involve local counsel. We offer a free 15-minute phone or online introductory call. A 60-minute in-person consultation is also available for $300. You may also call or text 301-830-4000.
Schedule your free 15-minute introductory call today.
This page provides general information and is not legal advice. Every case is different, and prior results do not guarantee a similar outcome. Reading this page, contacting us, or booking a free call does not create an attorney-client relationship. Please do not send confidential information until we have spoken. We represent clients only after a signed engagement agreement.