Chicago Employment-Based Immigrant Visa Lawyers
A new career opportunity in the United States can change the course of your life. For many talented professionals, researchers, executives, and skilled workers, employment offers a direct path to permanent residency. Yet, obtaining a green card through your job is rarely simple. The Immigration and Nationality Act creates five separate employment-based categories, each with its own rules, evidence requirements, and timelines.
At Kriezelman Burton & Associates, LLC, we understand that pursuing permanent residency through employment carries high stakes for your career and your family. Founded in 1974, our firm has spent decades guiding foreign nationals and employers through every stage of the immigration process. Over that time, we have helped thousands of clients secure lawful status across the United States, and we are ready to help you do the same.
Clients We Assist
We provide guidance in immigration-related matters to a wide range of professionals and employers. Our firm can help when:
- You are a professional with an advanced degree or a job offer from a U.S. employer, and you want a clear path to permanent residency.
- You are a person of extraordinary or exceptional ability, and you want to know whether you can self-petition without waiting for an employer to sponsor you.
- You are an outstanding professor or researcher with a permanent position offer, and you need help documenting your achievements for your petition.
- You are a multinational executive or manager being transferred to the U.S., and you want a strategy that supports long-term residency for you and your family.
- You are an employer ready to sponsor a valued foreign worker, and you need guidance on labor certification and filing requirements to keep the process on track.
- You are a professional whose work benefits the national interest, and you want to explore a waiver of the job-offer requirement.
Whether you have a job offer in hand already or you want to determine your eligibility, our attorneys can help you take your next steps.
Employment-Based Visa Categories
Permanent residency through employment begins with one essential decision: identifying the category that fits your background and goals.
EB-1: First Preference
The first-preference category covers three groups of individuals:
- Persons of extraordinary ability in any legitimate field who have earned sustained national or international acclaim. These individuals may self-petition without an employer sponsor, but must provide extensive evidence of their achievements and their expected benefit to the United States.
- Outstanding professors and researchers sponsored by a university, research institution, or qualifying private employer. Applicants must meet at least two of six evidentiary criteria and hold a permanent or tenure-track job offer.
- Multinational executives and managers sponsored by a multinational company. These applicants must have worked abroad for the company for at least one of the past three years and have a qualifying U.S. job offer. No labor certification is required.
EB-2: Second Preference
This category is for members of professions holding an advanced degree or individuals of exceptional ability in their field. Most applicants need a job offer from a U.S. employer, and a labor certification is usually required.
Some applicants qualify for a National Interest Waiver, which exempts them from the job-offer and labor certification requirements when their work holds intrinsic merit and benefits the country. Physicians serving in medically underserved areas may also pursue permanent residency in this category.
EB-3: Third Preference
The third-preference category serves employer-sponsored professionals with a bachelor’s degree, skilled workers with at least two years of training or experience, and other workers with less experience. All EB-3 petitions require a labor certification. This is one of the most commonly pursued categories, though visa numbers are often limited and in high demand.
EB-4: Fourth Preference
This category covers a broad range of special immigrants, including certain religious workers, some U.S. employees abroad, and individuals with qualifying military experience, among others.
EB-5: Fifth Preference
The EB-5 immigrant investor program is available to individuals who invest $1,000,000 or $500,000 in a designated targeted employment area, in a new commercial enterprise. The investment must create at least ten full-time jobs for U.S. workers or lawful permanent residents, and the investor must engage in the day-to-day management or policy of the business. Applicants must show that the funds are lawfully sourced and genuinely at risk, with the required jobs created during a two-year conditional residency period.
Why Choose KB&A for Your Employment Visa?
- Immigration Is All We Do: We concentrate solely on immigration and nationality law, giving our clients representation with a deep understanding of how employment-based immigration works.
- Full Support From One Firm: From labor certification to EB-5 investments, we handle the full range of employment-based needs.
- Clear Guidance From a Dedicated Team: We walk you through each stage, making even the most difficult petitions simpler. Our team offers services in English, Spanish, and Polish to serve our diverse client community.
Helping You Pursue Permanent Residency Through Employment
If you are a professional, worker, or employer exploring an employment-based immigrant visa, your first step is a conversation with an experienced immigration attorney. At Kriezelman Burton & Associates, LLC, our team has helped countless individuals and companies understand these categories and move toward permanent residency with confidence. We are ready to review your qualifications and explain the paths available to you.
Contact us today to schedule your consultation and learn how our legal team can help you build your career and your future in the United States.
FAQs About Employment-Based Immigrant Visas
Employment-based immigrant visas are a category of U.S. visas that allow foreign nationals to gain permanent residency based on their skills, qualifications, or employment. There are five main preference categories (EB-1 through EB-5), each tailored to different types of workers.
Eligibility depends on the specific preference category. For example, the EB-1 visa caters to individuals with extraordinary ability in fields like science, arts, or business, while the EB-2 and EB-3 categories are designed for professionals with advanced degrees or other skilled workers.
Most employment-based visas require a legitimate job offer and sponsorship from a U.S. employer who will file a petition on your behalf. However, some categories, like the EB-1A for individuals with extraordinary abilities, may not require employer sponsorship.
The processing time varies depending on the visa category, the applicant’s country of origin, and current visa backlogs. While some applications may take only months, others, particularly for high-demand categories, can take several years.
Many employment-based immigrant visas allow your immediate family members (your spouse and unmarried children under 21) to apply for visas as dependents. This enables them to move and live with you in the United States.