Miami Employment-Based Immigration Lawyer

Permanent employment-sponsored visas, also known as employment-based immigrant visas or green cards, allow foreign workers to live and work in the U.S. long-term. By obtaining a green card, you gain the benefits of permanent residency, including job flexibility and a pathway to U.S. citizenship.

These visas are an excellent option if you want a more permanent life in the U.S.

Key Visa Categories (EB-1 to EB-5)
There are several employment-based green card categories, depending on your qualifications:

• EB-1: For individuals with extraordinary skills, for example professors and researchers, or executives of multinational companies. No employer sponsorship is required for those with these skills.
• EB-2: For professionals with advanced degrees or high abilities in the sciences, arts, or business.
• EB-3: For skilled workers, professionals, or other workers with at least two years of training or experience.
• EB-4: For special immigrants, such as religious workers or employees of international organizations.
• EB-5: For investors who make a significant financial investment in a U.S. business that creates jobs.

Sponsorship Requirements
Most employment-based green card categories require sponsorship from a U.S. employer, who must file a petition for you. In some cases, like the EB-1 (also known as NIW, a National Interest Waiver) for extraordinary ability, you may self-petition without an employer sponsor.

Family Benefits
One of the advantages of obtaining a green card through employment is that your spouse and children under 21 can also gain residency, allowing your family to live and work in the U.S. with you.

Application Process
We recommend filing through a legal expert to prevent errors which can create delays and penalties. Despite the simple outline below, a lawyer is necessary to navigate the complexities of the process. This is the service we offer:

1. Employer Petition (Form I-140): Your U.S. employer files Form I-140 with USCIS,. This form says that they want to hire you and that you meet the visa requirements.
2. Visa Availability: Once your petition is approved, you must wait for a visa to become available in your category. Visa availability is based on the visa bulletin, which is updated monthly, and some categories may have waiting periods due to limited numbers.
3. Adjusting Status or Consular Processing: If you are already in the U.S., you may file for an Adjustment of Status (Form I-485) to change from a temporary visa to permanent residency. We don’t assist people outside the U.S. unless it’s an investment visa.
4. Receiving Your Green Card: After approval and entry into the U.S. (if needed), you will be granted lawful permanent residency and receive your green card.
5. Path to U.S. Citizenship: After holding your green card for a certain period, (usually five years), you can apply for U.S. citizenship by fulfilling requirements such as continuous residence, good moral character, and passing a citizenship test.