Employment-based categories
Employment-based immigration includes several preference categories with different standards. A case may involve an employer, labor certification and an immigrant petition. Some routes, including certain extraordinary-ability and national-interest-waiver cases, have different sponsorship or labor-certification requirements.
The proposed role, qualifications, achievements and evidence must support the particular category. An advanced degree or an employer’s willingness to sponsor does not alone resolve every eligibility question.
Stages of the application
Where PERM labor certification is required, it is a distinct stage before the relevant immigrant petition. Afterward, visa availability and the applicant’s circumstances affect the final route. Consular processing and adjustment of status have different requirements; physical presence in the United States does not automatically make adjustment available or mandatory.
Employer and applicant documentation
Our practice can help review the category, explain the roles of the employer and applicant, and identify the evidence needed at each stage. We can also discuss how dependent family members, job changes and current temporary status fit into the plan.
A detailed description of the proposed work and a complete professional history allow us to assess the evidence relevant to the category under consideration.
PREPARING FOR A CONSULTATION
Information to prepare
A brief summary is sufficient for an initial inquiry. Detailed or sensitive records should be provided through the appropriate consultation process.
- Detailed résumé and qualifications
- Proposed position and employer information
- Evidence of achievements, where relevant
- Prior petitions and current immigration records
Common questions
Is PERM required for every employment-based case?
No. The requirement depends on the category and any applicable exception or waiver.
Does a current priority date guarantee adjustment eligibility?
No. The separate adjustment requirements and immigration history must also be reviewed.
Official sources and further reading
- Employment-based immigrant visas — U.S. Department of State (opens an official external source) ↗
- Employment-based immigrant petitions — 8 CFR 204.5 (opens an official external source) ↗
- National interest waivers — USCIS policy update (opens an official external source) ↗
Requirements can change. Check the current official instructions and obtain advice about your circumstances.
General information only; it does not replace advice about an individual case.