Worker Visa Lawyer in Philadelphia, PA for EB-1, EB-2 & EB-3 Visas

The United States has long been a source of opportunity for talented professionals and individuals with unique skills seeking to advance their careers and build new lives. To facilitate this, the U.S. immigration system offers numerous visa categories, each with its own specific requirements. The EB-1, EB-2, and EB-3 visas are three highly sought-after employment-based immigrant visas and are created for priority workers, professionals with advanced degrees, and other skilled workers.

Because a minor oversight or error in your petition can lead to significant delays or even an outright denial, it is highly recommended that you work with an immigration attorney to properly prepare and file your application. A dedicated legal team can demystify the process, ensure your petition is meticulously prepared, and advocate on your behalf. If you are considering an EB-1, EB-2, or EB-3 visa in Philadelphia, contact Henry & Grogan today to explore your options.

EB-1 Visas: Priority Workers

The EB-1 visa is a first-preference employment-based immigration visa reserved for individuals who have demonstrated extraordinary ability, are outstanding professors or researchers, or are certain multinational managers or executives. This category is highly coveted because it often has a shorter waiting time for a green card compared to other employment-based categories. Of course, the standards for qualifying are exceptionally high.

Who Qualifies for an EB-1 Visa?

EB-1A — Extraordinary Ability: This subcategory is for individuals who can demonstrate extraordinary ability in science, art, education, business, or athletics through sustained national or international acclaim. To prove extraordinary ability, an applicant must provide evidence of a one-time major, internationally recognized award (like a Nobel Prize or an Oscar), membership in associations that demand outstanding achievement, published material about the applicant in major media, and more. An experienced EB-1 visa lawyer can be instrumental in gathering and presenting the extensive documentation required to build a compelling case for extraordinary ability.
EB-1B — Outstanding Professors and Researchers: This category is for individuals recognized internationally as outstanding in a specific academic area. Applicants must have at least three years of experience in teaching or research in their academic field and must be entering the U.S. to pursue a tenure or tenure-track teaching or research position at a university or other institution of higher education. The petition must be accompanied by an offer of employment from a U.S. employer.
EB-1C — Multinational Manager or Executive: This subcategory is for certain executives and managers who have been employed outside the U.S. for at least one of the preceding three years by a firm or corporation and who will be transferred to the U.S. to work for the same employer or a subsidiary or affiliate.

EB-2 Visas: Professionals With Advanced Degrees or Exceptional Ability

The EB-2 visa is for foreign nationals who have advanced degrees (or their equivalent) or who can demonstrate exceptional ability in their field. In most cases, this category requires a job offer and a labor certification (PERM) from the United States Department of Labor, which confirms that there are no qualified U.S. workers available for the position. However, a National Interest Waiver (NIW) can waive these requirements if the applicant’s work is deemed to be in the national interest of the United States.

Who Qualifies for an EB-2 Visa?

Advanced Degree: The most common path for an EB-2 visa is for individuals offered a job that requires an advanced degree (a master’s degree or higher) or a baccalaureate degree plus five years of progressive, post-baccalaureate work experience in the field.
Exceptional Ability: This subcategory is for individuals who can show exceptional ability in the sciences, arts, or business, which means they can demonstrate a degree of expertise that is significantly above what is ordinarily encountered in the field. Applicants must prove eligibility through such things as official academic records, letters from current or former employers, or evidence of a high salary demonstrating exceptional ability.
National Interest Waiver (NIW): The NIW allows certain individuals to bypass the labor certification process, which is often lengthy and complex. To qualify for an NIW, the petitioner must demonstrate that they have a proposed endeavor of substantial merit and national importance and that it would be beneficial to the United States to waive the job offer and labor certification requirements. Securing an NIW can be challenging, and working with a knowledgeable EB-2 visa lawyer is critical to successfully arguing that your work in Philadelphia will meet the high standard for a waiver.

EB-3 Visas: Skilled Workers, Professionals, and Other Workers

The EB-3 visa encompasses a broader range of individuals than the EB-1 and EB-2 categories. It is a pathway to a green card for skilled workers, professionals, and a limited number of other workers. All EB-3 petitions require a sponsoring U.S. employer and an approved PERM labor certification from the Department of Labor.

Who Qualifies for an EB-3 Visa?

Skilled Workers: This subcategory is for individuals whose jobs require a minimum of two years of training or work experience.
Professionals: This includes individuals whose job requires at least a U.S. baccalaureate degree or a foreign equivalent degree and who are actively participating in their profession.
Other Workers: Individuals performing unskilled labor that requires less than two years of training or experience can for file for this type of visa. The position must not be temporary or seasonal. This category often has a much longer visa backlog than the other EB-3 categories due to high demand and annual limits.

The process of obtaining an EB-3 visa can be lengthy, particularly due to the labor certification requirement. An EB-3 visa lawyer can provide invaluable guidance to both the employer and the employee to ensure all steps are correctly followed.

The Application Process for EB-1, EB-2, and EB-3 Visas in Philadelphia, PA

While each employment-based visa category has unique requirements, the application process follows similar steps:

Labor Certification (if Required): The sponsoring employer must obtain a labor certification from the Department of Labor. This involves a rigorous recruitment process to test the U.S. labor market and demonstrate that no qualified U.S. workers are available for the position. This step is not required for EB-1 petitions or EB-2 petitions with a National Interest Waiver.
Filing Form I-140: Once the labor certification is approved (or if it is not required), the employer (or the applicant, in self-petition cases like EB-1A or EB-2 NIW) files Form I-140, Immigrant Petition for Alien Worker, with United States Citizenship and Immigration Services (USCIS). This petition establishes that the individual meets the qualifications for the specific visa category.
Awaiting Priority Date: Upon filing the I-140, the applicant is assigned a priority date. The applicant must wait for this date to become current according to the Department of State’s monthly Visa Bulletin. Availability can vary significantly based on the visa category and the applicant’s country of chargeability.
Adjustment of Status or Consular Processing: Once a visa becomes available, applicants already in the U.S. may file Form I-485 to adjust their status to permanent resident. Those outside the U.S. will undergo consular processing at a U.S. Embassy or Consulate.
Biometrics and Interview: Applicants typically attend a biometrics appointment and, in some cases, an in-person interview.
Approval and Green Card Issuance: Upon approval, applicants receive their Green Card, granting them lawful permanent residency in the U.S.

The Importance of Working With an EB-1, EB-2, and EB-3 Visa Lawyer

The path to securing an employment-based green card can be time-consuming and full of procedural hurdles. A mistake in evidence submission, misunderstanding of eligibility, or delay in filing can result in denials or years of waiting. By working with a worker visa lawyer in Philadelphia, PA, you can rest assured that every step of the process will be handled properly.

An experienced attorney will identify the most suitable visa category, assess the strengths and weaknesses of your case, and develop a comprehensive strategy to present the most compelling petition possible. They can also help you avoid costly mistakes and delays that could jeopardize your application. From navigating the PERM process to crafting a persuasive argument or compiling evidence of extraordinary ability, a lawyer’s expertise is invaluable.

Speak to an EB-1, EB-2, or EB-3 Visa Lawyer About Living and Working in Philadelphia

If you’re looking to live and work in Philadelphia, PA, our lawyers at Henry & Grogan are here to help you determine which employment-based visa is most appropriate for your unique situation and professional achievements. We will stand by you through every stage of the process, from compiling documentation to preparing for interviews and responding to USCIS requests. If you don’t qualify for an EB visa, we’ll help you explore other legal avenues to obtain permanent residency, whether that includes filing an appeal, pursuing a different type of work visa, or applying for a family-based visa.

Do not let the complexity of the process deter you from pursuing your professional goals in the United States. To take the next step, schedule a consultation with an immigration attorney at Henry & Grogan today.