Employment Based Immigration

The United States offers foreign nationals several ways to obtain employment-based immigration though a sponsoring employer as well as temporary residency to perform work for a specified period of time. In total 140,000 employment-based visas are allotted each year and they are divided into five preference categories.

 

 

 

Key Points to Know

  • The EB-2 NIW allows self-petitioning without a job offer or PERM if the applicant’s work benefits the U.S. national interest.
  • A Request for Evidence (RFE) may be issued if USCIS needs more documentation to evaluate eligibility.
  • Applicants typically have 30–90 days to respond to an RFE, and strong legal guidance can significantly improve approval chances.

Employment Based Immigration Articles

  • NIW RFE

    NIW RFE: Top Reasons for a Request For Evidence

    Published on April 14, 2025

    Along the road to immigration, there can easily be challenges. Simple errors can cause rejection, while inadequacies can end up in outright denial. However, there is a middle ground in which the USCIS allows applicants to supplement the evidence for their case— a Request for Evidence. If you have received an EB-2 NIW RFE, it’s…

  • eb3 visa processing time

    EB-3 Green Card Processing Time

    Published on April 08, 2025

    Many people choose to work temporarily in the U.S. through nonimmigrant visas, while others want to make this country their permanent home. Immigrant visas, or green cards, allow foreign nationals to live and work in the U.S. for ten years at a time. One of the more common types of green cards that people seek…

  • This image represents the O-1 visa for software engineers and computer scientists.

    O-1 Visa for Software Engineers and Computer Scientists | Criteria and Process

    Published on March 28, 2025

    The O-1 visa is a specialized U.S. work visa designed for individuals who demonstrate extraordinary ability in their field. If you are a computer scientist, software engineer, or professional in a similar high-skill area, the O-1 visa could be the ideal pathway to achieve your career goals in the United States.

  • H-1B to Green Card: Guide to Process, Timeline & Alternatives

    Published on February 25, 2025

    If you’re an H-1B visa holder, you may be looking for a way to transition from temporary status to permanent residency. The good news is that the H-1B visa allows dual intent, meaning you can apply for a green card while continuing to live and work in the U.S. In this guide, we’ll walk you…

  • Indian Consulate

    State Department Cuts Visa Interview Waiver Period from 48 to 12 Months

    Published on February 24, 2025

    In an announcement on February 18th, 2025, the United States Department of State updated the categories of applicants eligible for a waiver of the nonimmigrant visa interview. This change limits the categories of applicants who can bypass the in-person interview process, which could lead to increased wait times for visa appointments. Under the new policy,…

  • Self-Petition Green Cards | Free Attorney Webinar

    Published on June 21, 2024

    On June 20, 2024, we provided a comprehensive webinar about how you can self-petition for a green card through avenues including EB-1A, EB-1C, EB-2 NIW and EB-5. This webinar was designed for individuals who: Want to gain permanent residency in the U.S. Are the highest performers in their profession Have extraordinary ability in their professional…