Employment-Based Immigration Lawyers for Workers and U.S. Employers
Employment-based immigration lets U.S. employers hire the foreign talent they need and lets skilled workers build permanent careers in the United States. At Francis Law Center, our employment immigration attorneys guide both employees and employers through every option — from temporary work visas such as the H-1B specialty occupation visa to employment-based green cards like the EB-2 National Interest Waiver. With three offices in Illinois and Wisconsin and a Spanish-fluent team, we represent clients in all 50 states.
Key Takeaways
- Francis Law Center handles the full range of employment-based immigration: H-1B, H-1B1, L-1, O-1, TN, and E-2 work visas, plus EB-1, EB-2, EB-2 NIW, and EB-3 green cards.
- We represent both foreign workers (the beneficiaries) and sponsoring U.S. employers (the petitioners).
- Self-petition options like the EB-1A and the EB-2 National Interest Waiver let some applicants skip employer sponsorship entirely.
- Most employer-sponsored green cards follow three steps: PERM labor certification, Form I-140, then adjustment of status (Form I-485) or consular processing.
- Three offices in Chicago, Schaumburg (IL), and Madison (WI) — serving clients nationwide. Se habla español.
- Free case evaluation: call 866-868-1596, or book a consultation with Dr. Jae Francis.
What Is Employment-Based Immigration?
Employment-based immigration is the set of visa and green card categories that allow foreign nationals to work in the United States — either temporarily or permanently. Three federal agencies share responsibility for these cases: U.S. Citizenship and Immigration Services (USCIS) adjudicates petitions, the U.S. Department of Labor (DOL) oversees labor certification and prevailing wages, and the U.S. Department of State issues visas at consulates abroad and publishes the monthly Visa Bulletin.
There are two broad paths. Nonimmigrant work visas (such as H-1B, L-1, O-1, TN, and E-2) authorize temporary employment for a specific job or purpose. Employment-based green cards grant lawful permanent residence under INA §203(b), divided into preference categories EB-1 through EB-5. Whether you need short-term work authorization or a permanent path to citizenship, the right strategy depends on your qualifications, your employer, and your timeline.
Which Work Visas and Green Cards Does Francis Law Center Handle?
We advise on the most widely used employment-based categories for both temporary and permanent immigration. Each option below links to the official government reference; dedicated guides for each category are being added to this site.
Temporary Work Visas (Nonimmigrant)
- H-1B specialty occupation visa — for professionals in roles that normally require at least a bachelor’s degree. The H-1B is subject to an annual cap and electronic registration lottery and is filed on Form I-129.
- H-1B1 visa — a specialty occupation option reserved for professionals from Chile and Singapore under their free trade agreements.
- L-1 intracompany transferee visa — for executives and managers (L-1A) and employees with specialized knowledge (L-1B) transferring to a related U.S. office.
- O-1 extraordinary ability visa — for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
- TN visa — for Canadian and Mexican professionals under the USMCA (formerly NAFTA).
- E-2 treaty investor visa — for nationals of treaty countries who invest a substantial amount of capital in a U.S. business.
Employment-Based Green Cards (Permanent)
- EB-1 first preference — for persons of extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and multinational managers and executives (EB-1C).
- EB-2 second preference — for advanced-degree professionals and persons of exceptional ability.
- EB-2 National Interest Waiver (NIW) — lets qualifying applicants self-petition and waive both the job offer and the PERM requirement when their work serves the U.S. national interest.
- EB-3 third preference — for skilled workers, professionals, and other workers.
- PERM labor certification — the U.S. Department of Labor process that most EB-2 and EB-3 cases begin with, filed on ETA Form 9089.
- Final step — adjustment of status on Form I-485 (from inside the U.S.) or consular processing abroad to receive the green card.
See all of our immigration practice areas →
How Does the Employment-Based Green Card Process Work?
Most employer-sponsored green cards follow three stages. First, the employer completes PERM labor certification with the Department of Labor — obtaining a prevailing wage determination and conducting required recruitment to confirm no qualified U.S. worker is available.
Second, the employer files Form I-140, the Immigrant Petition for Alien Workers, which establishes the immigrant category and locks in your priority date. Premium processing on Form I-907 can speed up adjudication. Third, once your priority date is current on the Visa Bulletin, you complete the green card through adjustment of status (Form I-485) or consular processing. Our recent analysis of the new USCIS adjustment-of-status policy explains why getting this final step right matters more than ever.
Do You Need an Employer to Sponsor You?
Not always. While most categories require a U.S. employer to act as petitioner, two important options let you self-petition — no job offer required. The EB-1A is for individuals at the very top of their field, and the EB-2 National Interest Waiver is for professionals whose work benefits the United States as a whole. These pathways are popular with researchers, physicians, entrepreneurs, and other high-achieving professionals who want to control their own immigration timeline rather than depend on an employer.
How Can Employers Sponsor Foreign Workers?
Employers can sponsor talent for both temporary visas and permanent residence, but each route carries compliance obligations. For H-1B hires, the employer files a Labor Condition Application (ETA Form 9035) with the Department of Labor before submitting Form I-129 to USCIS. For green cards, employers typically complete PERM recruitment and then file Form I-140. Francis Law Center helps companies register for the H-1B cap, build defensible public access files, respond to Requests for Evidence and audits, and meet prevailing-wage and recordkeeping rules — so a single foreign hire doesn’t become a compliance liability.
Why Choose Francis Law Center for Employment-Based Immigration?
Our firm is led by Dr. Jae Francis, an experienced immigration attorney and member of the American Immigration Lawyers Association, alongside attorneys Berenice Villalobos and Kai Gigous. We pair technical command of employment-based immigration law with the same client-first care that defines our family immigration, asylum and humanitarian, and removal defense practices.
From our offices in Chicago, Schaumburg, and Madison, we represent workers and employers in all 50 states, and our team is fluent in Spanish. Whether you are a researcher pursuing a National Interest Waiver, a company sponsoring an H-1B engineer, or an executive transferring on an L-1, we will build a clear, realistic strategy for your case. Contact us to get started.
Frequently Asked Questions About Employment-Based Immigration
What is the difference between a work visa and an employment-based green card?
A work visa (such as the H-1B, L-1, O-1, or TN) is a nonimmigrant status that authorizes you to work temporarily in the United States for a specific employer or purpose. An employment-based green card (EB-1, EB-2, or EB-3) grants lawful permanent residence, letting you live and work in the U.S. permanently and eventually pursue citizenship. Many workers begin on a temporary visa and later transition to a green card.
Do I need a job offer to get an employment-based green card?
Usually, yes. Most employment-based green cards require a U.S. employer to sponsor you and complete PERM labor certification. However, two categories let you self-petition without a job offer: the EB-1A for individuals with extraordinary ability, and the EB-2 National Interest Waiver (NIW) for professionals whose work benefits the United States.
How long does the employment-based green card process take?
Timelines depend on your category and country of birth. The PERM and Form I-140 stages often take several months to a year, and the final green card depends on your priority date becoming current in the monthly Visa Bulletin. Applicants born in high-demand countries such as India and China may wait years, while others may adjust status soon after I-140 approval.
What is PERM labor certification?
PERM is the first step in most EB-2 and EB-3 green card cases. The employer must test the U.S. labor market through required recruitment and obtain a prevailing wage determination from the U.S. Department of Labor, then file ETA Form 9089 to certify that no qualified, willing U.S. worker is available for the position.
Can I move from an H-1B visa to a green card?
Yes. The H-1B is a dual-intent visa, meaning you may pursue permanent residence while holding it. Many H-1B professionals transition to an EB-2 or EB-3 green card through employer sponsorship, or self-petition through the EB-2 National Interest Waiver.
Does Francis Law Center represent employers as well as employees?
Yes. We advise both foreign workers and sponsoring U.S. employers. For employers, we handle Labor Condition Applications, prevailing wage requests, PERM recruitment, H-1B cap registrations, and Form I-129 and I-140 petitions, along with responses to Requests for Evidence and audits.
Do you handle employment-based immigration cases outside Illinois and Wisconsin?
Yes. While our offices are in Chicago, Schaumburg, and Madison, employment-based immigration is governed by federal law, so we represent clients in all 50 states. Our team is fluent in Spanish, so se habla español.
Related Practice Areas
- Family Immigration & Citizenship — marriage green cards, fiance visas, and citizenship.
- Asylum & Humanitarian Visas — asylum, U visas, T visas, VAWA, and TPS.
- Removal Defense — representation in immigration court and bond hearings.
- U.S. Citizenship & Naturalization — the final step for many green card holders.
You Deserve Peace of Mind
A job opportunity or a global career move shouldn’t be derailed by immigration paperwork. Francis Law Center is here to evaluate your situation, explain your options in plain language, and handle the process from petition to green card. Contact Dr. Jae Francis today.
Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every immigration case is unique. Consult a qualified immigration attorney to discuss your specific situation.
