With the current system of immigration in flux, many people are fearful as to how pending and proposed changes will impact them and their families. Although there is substantial rhetoric as to how work immigration, visas, a green card, and other immigration concerns are addressed, the current laws are relatively static to what they have been in the past.
People who are trying to come to California to work and be permanent workers should know what the rules are and how workers will be categorized. Legal advice can be beneficial in these cases.
Understanding Employment-Based Immigration: The Basics
Each fiscal year, an estimated 140,000 people can come to the U.S. as immigrants and be permanent workers based on their skills. They are granted the right to bring their spouses and children too. The key to getting this visa is to have education, skills, and work experience to come to the U.S. permanently.
Labor certification (PERM) might be necessary first. That means there must be a job offer in place, and the employer will be the person’s sponsor. The U.S. Department of Labor (DOL) will verify that there is a lack of qualified and available workers who want the job being offered to the immigrant, and there will be no adverse impact on U.S. workers with a similar job if the immigrant is given the employment.
Employment-Based Green Card Preference Categories (EB-1 to EB-5)
| Preference Category | Who Qualifies? | Examples |
|---|---|---|
| EB-1 | Individuals with extraordinary abilities or achievements | Scientists, researchers, executives, and artists |
| EB-2 | Advanced degree holders or exceptional ability | Engineers, doctors, STEM professionals |
| EB-3 | Skilled workers, professionals, and other workers | Teachers, nurses, and skilled trades |
| EB-4 | Special immigrants | Religious workers, foreign service employees |
| EB-5 | Investors | Entrepreneurs investing $500,000–$1,000,000 |
Tip: Visit the USCIS Employment-Based Immigration Page for official information.
What Is the PERM Labor Certification Process?
For most employment-based visas (especially EB-2 and EB-3), PERM labor certification is the first step:
- A permanent job offer from a U.S. employer.
- A labor market test to prove that no qualified U.S. workers are available.
- Employer sponsorship through the Department of Labor.
Once the PERM is approved, the employer can file an I-140 petition with USCIS.
Priority Dates, Visa Bulletin, and Processing Times
What is a Priority Date?
A priority date is your place in line for a green card, determined by when your PERM or I-140 is filed.
How Does the Visa Bulletin Work?
The Visa Bulletin, issued monthly by the U.S. Department of State, tells you when you can file your green card application.
Processing Time Example
- EB-1: ~12–24 months (depending on category and country)
- EB-2/EB-3 India: Can exceed 10 years due to backlog
- EB-5: 18–24 months (varies by case)
2024–2025 Immigration Policy Updates
As of May 26, 2025, key trends include:
- Proposed backlog reduction reforms (e.g., RELIEF Act discussions).
- Country caps relief efforts to reduce wait times for high-demand countries like India and China.
- Continued focus on employment-based immigration reform under the current administration.
Stay tuned to Hussain & Gutierrez Law for the latest policy insights!
Common Questions About Employment-Based Immigration
Can I apply for an EB green card without a job offer?
Yes, EB-1A extraordinary ability and EB-2 NIW (National Interest Waiver) categories allow self-petitioning without an employer.
What happens if my employer withdraws sponsorship?
If your employer withdraws before green card approval, your case could be at risk. However, after 180 days of I-485 filing, AC21 portability may allow job changes without losing the green card process.
What are the typical reasons for green card denials?
- Incomplete documentation.
- Failure to meet eligibility criteria.
- Inability to prove employer need or lack of U.S. worker availability.
- Misrepresentations in the application process.
Why Legal Guidance Matters
Immigration is increasingly complicated, and those who want to come to the U.S. permanently to work should understand how the law oversees this desire and who is eligible. A law firm that has experience in all areas of immigration, like Hussain & Gutierrez Law, should be called for guidance when trying to come to the U.S. to live and work.
Our team assists with:
- PERM Labor Certification
- I-140 petitions and green card filings
- Visa Bulletin tracking and backlog management
- Adjustment of Status (I-485) and Consular Processing
- Employer sponsorship guidance
- AC21 portability and job changes
- Case-specific strategies for success
Still Have Questions?
Contact Hussain & Gutierrez Law Today for a Free Consultation!
Call: (888) 997-3701
Visit: https://hussaingutierrezlaw.com/
Email: contact@hussaingutierrezlaw.com
We’re here to guide you every step of the way!
