Employment-based immigration offers several pathways for individuals to become lawful permanent residents of the United States based on their professional qualifications, experience, accomplishments, or employment.
At Delgado Rompf Bruen LLC, we represent both employers sponsoring employees for permanent residence and individuals who may qualify to pursue an employment-based green card on their own behalf. Because the requirements vary significantly from one employment-based category to another, we work with our clients to identify the appropriate strategy and understand each step of the process before moving forward.
U.S. immigration law divides employment-based immigrant visas into several preference categories. The appropriate category depends on factors such as the individual’s education, experience, professional accomplishments, the requirements of the offered position, and whether a U.S. employer will sponsor the case. Our firm assists clients with employment-based permanent residency matters including:
EB-1 priority worker cases, including qualifying individuals of extraordinary ability, outstanding professors and researchers, and multinational executives and managers
EB-2 cases for qualifying advanced-degree professionals and individuals of exceptional ability
National Interest Waivers (NIW), which allow qualifying individuals to request a waiver of the usual job-offer and labor-certification requirements
Employer-sponsored permanent residence cases requiring PERM labor certification
Form I-140 immigrant petitions based on employment, professional qualifications, or other qualifying criteria
Some employment-based cases require a permanent job offer from a U.S. employer. Others permit an individual to self-petition. Determining the appropriate category at the outset is an important part of developing an effective immigration strategy.
There is no single process that applies to every employment-based green card case. Depending on the immigrant category, the process may involve requesting a permanent labor certification with the U.S. Department of Labor, an immigrant petition filed with U.S. Citizenship and Immigration Services (USCIS), and either adjustment of status in the United States or immigrant visa processing through a U.S. consulate abroad.
Many employer-sponsored EB-2 and EB-3 cases begin with the permanent labor certification process, commonly known as PERM.
The employer generally must obtain a prevailing wage determination from the Department of Labor, conduct required recruitment for the position, and file an application for permanent labor certification. The PERM process is designed to protect the U.S. labor market by requiring the employer to test the labor market and satisfy Department of Labor requirements before sponsoring a foreign worker for permanent residence.
Not every employment-based case requires PERM. For example, EB-1 petitions generally do not require labor certification, and an individual seeking an EB-2 National Interest Waiver asks USCIS to waive the job-offer and labor-certification requirements.
Most EB-1, EB-2, and EB-3 cases require the filing of Form I-140, Immigrant Petition for Alien Workers, with USCIS. In an employer-sponsored case, the petition generally establishes both the employer’s eligibility to sponsor the position and the employee’s qualifications for the requested immigrant classification. Where labor certification is required, the certified PERM application forms part of the basis for the I-140 petition. In classifications that permit self-petitioning, including EB-1 extraordinary ability and National Interest Waiver cases, the individual may file the I-140 without a sponsoring employer.
Employment-based immigrant visas are subject to annual numerical limits. As a result, approval of an I-140 petition does not always mean that an individual can immediately complete the permanent residence process. Visa availability is generally determined by the individual’s employment-based preference category, country of chargeability, and priority date. The Department of State publishes the Visa Bulletin each month showing which priority dates may move forward. Understanding visa availability is particularly important when planning the timing of an employment-based case, evaluating changes in employment, or determining when the final green card application may be filed.
The final stage depends in part on where the applicant will complete the permanent residence process. Individuals who are in the United States and meet the requirements for adjustment of status may file Form I-485 with USCIS when permitted by the applicable visa-availability rules. In some employment-based cases, the I-485 may be filed at the same time as the I-140 or while the I-140 is still pending. Individuals completing the process outside the United States generally pursue an immigrant visa through consular processing after approval of the immigrant petition and when an immigrant visa is available. The appropriate strategy depends on the individual’s immigration history, current status, travel plans, visa availability, and other case-specific considerations.
Employment-based permanent residence often requires long-term planning by both the employer and the employee. We advise employers seeking to sponsor valued employees for permanent residence, as well as professionals evaluating whether employer sponsorship, an EB-1 petition, a National Interest Waiver, or another immigration strategy may be available. Our representation may include evaluating eligibility, developing case strategy, preparing PERM applications and immigrant petitions, responding to government requests for additional evidence, advising on visa availability and priority dates, and assisting with the final adjustment of status or consular-processing stage.
Employment-based permanent residence can involve multiple government agencies, detailed eligibility requirements, and timing considerations that may affect both the employer and the employee. Delgado Rompf Bruen LLC provides clear, strategic immigration guidance tailored to each client’s circumstances. We work closely with our clients to identify the appropriate immigration option, prepare strong filings, anticipate potential issues, and provide consistent communication throughout the process. Contact our office to schedule a consultation about employment-based permanent residency.
I had an opportunity to meet Elizabeth, and I have personally seen what makes Elizabeth and her team great in the Immigration law space. I'd say they are the best in Chicagoland. Prompt & professional while carrying attention to all the details.
I had the pleasure of working with Marta Delgado for my immigration petition. From the moment I met with Marta, I felt confident she was the attorney I was looking for after many years of waiting. I was so nervous going into this process, but Marta walked me through the details more than once, giving me so much peace about it all. The process was seamless, and their turnaround time was QUICK! My whole case was started and closed within 10 months. I will always be grateful for their expertise and kindness along the way.
What a wonderful experience I had with Elizabeth and her team. Her professionalism made me feel at ease and comfortable throughout the process we went through. Thank you so much, Elizabeth!
I went through my Green Card and Citizenship applications with Elizabeth Rompf and every step of the way was fantastic. Incredibly professional, prompt, clear, and very attentive to details. I cannot recommend them enough! They're my absolute top pick for any immigration recommendations!
DRB helped us with securing a work visa for one of our staff members, communicated well, and helped explain the process.
I am full of gratitude while writing this review for Delgado Rompf Bruen Law. Thank you so much Marta for handling my case so beautifully. It has been only your diligence and professionalism in the work which guided my case to success. I am very fortunate to have you as an attorney. With other attorneys I've experienced ones who only took my money and promised to help me or never called me back. You're helping a lot of people with your honesty and great quality of work. I can't thank you enough. Yay, I am an American Citizen!
Elizabeth and her legal team were extremely helpful in my husband's green card case. They had us so prepared that the interview was a piece of cake. We didn't have a single issue. They were quick to reply to any questions we had and were very honest with us about any possible issues we could have. I would highly recommend her and her team.
I began working with Martha after a decade of having my immigration process handled by attorneys that worked for my employers and everything changed immediately. Martha was invested in my personal story and circumstances and took all the time I needed to talk me through the options and process. She was consistently professional, knowledgable, and compassionate. She even leveraged her network to get specific information about my interview site in the Bay Area which was invaluable the day of my naturalization interview. She's the BEST.
I've struggle for over 10 years to get my Permanent Resident status and have been represented by 4 immigration lawyers over that period. The last one I hired and who was able to resolve my immigration case is Elizabeth Rompf Bruen. The contrast of how she handled my case and the other 3 lawyers was obvious from the beginning. She was always available when I wanted to talk to her and provided the updates in my case as soon as she had one. I also noticed a different level of knowledge and expertise in comparison to the other 3 lawyers....
Marta was the most professional, accurate and caring lawyer I’ve encountered in the 6 years I’ve been living in the US, her work ethics are unmatched and without doubt was the best decision for my process. I recommend her to anyone that needs help, you will feel listened and she is incredible when it comes to explaining this procedures in a simple and straight forward manner. She will be my first option again when the time comes in the future.
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