Employment-Based Visa Attorney — Glendale & Los Angeles
An employment-based visa is permanent residence obtained through a U.S. job offer, extraordinary ability, or a qualifying investment, under the preference categories of INA § 203(b), 8 U.S.C. § 1153(b). DiJulio Law Group advises employers, workers, and investors in Glendale and Los Angeles on choosing a category, building the record, and sequencing each filing.
How does an employment-based green card work?
Most employment-based green cards move in three stages. In many EB-2 and EB-3 cases, the employer first obtains a PERM labor certification from the Department of Labor. Form I-140 is then filed with USCIS, by the employer or, in some categories, by the applicant. Once a visa number is available under the State Department's Visa Bulletin, the applicant files for adjustment of status in the United States or completes consular processing abroad.
Permanent Residence Through Work and Investment
Congress divides employment-based immigrant visas into five preference categories in INA § 203(b). EB-1 covers priority workers: people with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers. EB-2 covers members of the professions holding advanced degrees and people of exceptional ability, with a national interest waiver available in some cases. EB-3 covers skilled workers, professionals, and other workers. EB-4 covers certain special immigrants, and EB-5 covers investors whose capital in a new commercial enterprise creates U.S. jobs.
The category controls almost everything that follows: whether a labor certification is needed, who may file the petition, what evidence carries the case, and how long the wait for a visa number is likely to be. Many EB-2 and EB-3 cases require the employer to complete PERM labor certification under 20 C.F.R. Part 656 before the I-140 petition is filed, which means testing the U.S. labor market for the position. EB-1 petitions, and EB-2 petitions with a national interest waiver, do not require a labor certification.
Because visa numbers are limited each year by category and by country of chargeability, an approved petition does not always mean an immediate green card. The applicant's priority date must be current under the Visa Bulletin, which the State Department publishes monthly; USCIS explains the mechanics on its visa availability and priority dates page (opens in a new tab). Many Los Angeles applicants are already here in H-1B, L-1, or O-1 status, so the temporary visa plan and the green card plan have to be built together. Where a close family relationship exists, a family-based petition is worth comparing as well.
For employers, sponsorship also touches the business itself. The sponsoring company must be able to show its ability to pay the offered wage, and a multinational manager case depends on the corporate relationship between the U.S. and foreign entities. That is where immigration work meets business formation, corporate governance, and legal due diligence, particularly after a merger or reorganization, when the identity of the employer can affect a pending case.
An employee's spouse and children may qualify as derivative beneficiaries, and some families also have a separate path through family-based immigration.
Which Employment-Based Categories Require PERM Labor Certification?
PERM labor certification is generally required in EB-3 cases and in EB-2 cases without a national interest waiver. EB-1 petitions, EB-2 national interest waiver cases, EB-4 special immigrant petitions, and EB-5 investor petitions do not go through PERM. The category, not the worker's preference, decides which route applies and who may file the petition.
A worker may fit more than one category; USCIS describes each one on its permanent workers page (opens in a new tab). When an employer sponsors, the corporate structure matters as well: a multinational manager petition depends on the relationship between the U.S. and foreign companies, which ties the case to corporate governance records and, for companies with operations in China, to how the affiliates are owned.
| Category | Who generally qualifies | Who files | PERM required? |
|---|---|---|---|
| EB-1 | Extraordinary ability, outstanding professors and researchers, multinational executives and managers | The worker (extraordinary ability) or the U.S. employer | No |
| EB-2 | Advanced-degree professionals and people of exceptional ability | The U.S. employer, or the worker with a national interest waiver | Yes, unless a national interest waiver is granted |
| EB-3 | Skilled workers, professionals, and other workers | The U.S. employer | Yes |
| EB-4 | Certain special immigrants, such as religious workers | Varies by subcategory | No |
| EB-5 | Investors in a new commercial enterprise that creates U.S. jobs | The investor | No |
What Does an Employer Have to Do in PERM?
In PERM, the employer obtains a prevailing wage determination, recruits for the position under Department of Labor rules, gives notice of the filing to its workers, and then files Form ETA-9089 attesting that no able, willing, qualified, and available U.S. worker applied. The employer, not the worker, must bear the costs of the labor certification.
An approved labor certification expires if it is not filed in support of a Form I-140 within 180 calendar days of approval, under 20 C.F.R. § 656.30(b) (opens in a new tab), so the petition should be ready before approval arrives. PERM work often overlaps with business contracts and transactions and, after an acquisition, legal due diligence on whether a successor employer can continue the case.
- Prevailing wage: the offered wage must at least equal the prevailing wage for the area of intended employment (20 C.F.R. § 656.10(c)).
- Recruitment: for professional positions, a state workforce agency job order and two Sunday newspaper advertisements, plus three additional steps chosen from a regulatory list (20 C.F.R. § 656.17(e)).
- Notice of filing: posted at the worksite for at least 10 consecutive business days and published in the employer's in-house media (20 C.F.R. § 656.10(d)).
- Costs: the employer may not seek or receive payment from the worker for any activity related to labor certification, including the employer's attorneys' fees (20 C.F.R. § 656.12(b)).
330 North Brand Boulevard, Suite 1280
Glendale, California 91203
Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
Employment-based, family-based, and temporary visa matters for individuals, families, and California employers.
Employment-Based Immigration Matters We Handle
The firm assists employers, professionals, and investors with employment-based immigration, from category selection through the final green card application, with related business and corporate law support in the same office.
EB-1 Petitions
Extraordinary ability, outstanding professor or researcher, and multinational executive or manager petitions under INA § 203(b)(1), built on documentary evidence of sustained acclaim or a qualifying managerial role.
EB-2 and National Interest Waivers
Advanced-degree and exceptional-ability petitions, including requests to waive the job offer and labor certification requirement where the applicant's work is in the national interest.
PERM Labor Certification
Guiding employers through the Department of Labor process under 20 C.F.R. Part 656: the job requirements, the prevailing wage, recruitment, and the records that support the filing.
Form I-140 Petitions
Preparing the immigrant petition and the employer's ability-to-pay evidence, and responding to requests for evidence issued by USCIS.
Adjustment of Status and Consular Processing
Choosing between Form I-485 under INA § 245 inside the United States and an immigrant visa through the National Visa Center and a consulate abroad. Consular refusals are generally not reviewable in court, as Department of State v. Muñoz illustrates, so the record must be complete before the interview.
EB-5 Investor Matters
Documenting an investment in a new commercial enterprise, including the lawful source of the funds and the job-creation plan, alongside the business contracts and transactions the investment requires.
Employment-Based Cases That Reach Our Office
Composite examples drawn from the kinds of matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.
The Engineer on an H-1B Clock
A Glendale technology company wants to sponsor a software engineer whose H-1B time is running. PERM has to start early enough to protect the engineer's status while the case proceeds, and the job requirements must reflect the actual position rather than the candidate's résumé.
The Manager From a Foreign Affiliate
A company with cross-border operations in China opens a Los Angeles subsidiary and transfers a senior manager on an L-1A. The long-term goal is a green card as a multinational manager, which depends on the ownership relationship between the entities and on the role being genuinely managerial.
The Investor With a Business Plan
A foreign national plans to invest in a Los Angeles business and wants permanent residence rather than a temporary treaty visa. The choice between EB-5 and an E-2 visa turns on nationality, the amount and source of capital, the job-creation plan, and how soon the family needs to relocate.
When an Employment-Based Case Needs a Lawyer
- You want to hire or retain a foreign national worker and need a path to permanent residence.
- A temporary status is nearing its limit and the green card process has not started.
- USCIS has issued a request for evidence or a notice of intent to deny.
- The company has merged, reorganized, or changed ownership while a petition is pending.
- The worker has a prior overstay, status violation, or unauthorized employment.
- You are considering an investment in a U.S. business as the basis for immigration.
What to Do First
Map the category
Compare the worker's credentials and the actual position against each preference category before anything is filed. The category decides whether PERM is required and how the evidence should be built.
Check status and history
Pull the I-94 record, every prior approval notice, and any past refusal. A status gap or earlier denial can affect whether adjustment of status is available, and it should be addressed before it surfaces at an interview.
Plan the timeline
Read the current Visa Bulletin for the category and country, then work backward from any expiring status. Contact our Glendale office to review the sequence with an attorney.
Related Case Studies
Court decisions and legal developments DiJulio Law Group has analyzed that bear on employment based visas matters. Each summary explains the law; none describes a firm client or result.
Employment Based Visas — Questions California Clients Ask
Questions employers and workers in Glendale and Los Angeles ask about employment-based green cards. For general questions about working with the firm, see the {{faq|firm FAQ}}.
What are the EB-1 through EB-5 green card categories?
They are the five employment-based preference categories in INA § 203(b), 8 U.S.C. § 1153(b). EB-1 is for priority workers such as people of extraordinary ability and multinational managers. EB-2 is for advanced-degree professionals and people of exceptional ability. EB-3 is for skilled workers, professionals, and other workers. EB-4 covers certain special immigrants, and EB-5 covers investors in job-creating enterprises.
What is PERM labor certification?
PERM is the Department of Labor process, governed by 20 C.F.R. Part 656, in which an employer shows 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 U.S. wages and working conditions. It involves a prevailing wage determination and recruitment. Most EB-2 and EB-3 cases need an approved labor certification before Form I-140 is filed.
Does every employment-based green card require a job offer?
No. A person of extraordinary ability in the EB-1 category may file his or her own petition without an employer. An EB-2 applicant who qualifies for a national interest waiver may also self-petition without a job offer or labor certification. EB-5 investors qualify through their investment rather than employment. Most other employment-based cases require a U.S. employer to sponsor the worker.
What is a priority date and why does it matter?
The priority date marks the applicant's place in line for a visa number. In cases that require a labor certification, it is generally the date the labor certification was filed with the Department of Labor; otherwise, it is generally the date the I-140 petition was properly filed. A green card can be issued only when that date is current under the Visa Bulletin for the applicant's category and country.
What is the difference between adjustment of status and consular processing?
Adjustment of status, under INA § 245, lets an eligible applicant who is already in the United States apply for a green card on Form I-485 without leaving. Consular processing is used when the applicant is abroad or not eligible to adjust: the case moves through the National Visa Center to an interview at a U.S. embassy or consulate. The choice affects travel, work authorization, and how inadmissibility issues are handled.
Can I change jobs while my employment-based green card is pending?
In some cases, yes. Under INA § 204(j), an applicant whose I-485 has been pending for 180 days or more, based on a qualifying I-140, may generally move to a new job in the same or a similar occupational classification without restarting the case. The rules are technical, and changing employers before those conditions are met can require a new petition, so review the move with counsel first.
How long does an employment-based green card take?
There is no single answer. The timeline depends on whether PERM is required, USCIS and Department of Labor processing times, the applicant's category, and the country of chargeability, which together determine when the priority date becomes current. Processing times change frequently, so check the current USCIS processing times and the State Department Visa Bulletin rather than relying on estimates from past cases.
Can a small business sponsor a worker for a green card?
Generally, yes. Company size is not a bar, but the employer must show a bona fide job opening and its ability to pay the offered wage from the priority date onward, usually through tax returns, annual reports, or audited financial statements. Where the worker has an ownership interest or a family relationship with the owners, the Department of Labor looks closely at whether the position is genuinely open to U.S. workers.
Talk to an Immigration Attorney
Bring the job offer, the worker's credentials, and the immigration history. We will map the realistic categories, what each requires, and the order in which to file. Learn more about the attorneys at DiJulio Law Group, the firm, and our other practice areas.