Immigrant Visa (Green Card)
We help individuals and U.S. employers secure permanent residency through EB visas, PERM, NIW, and investment-based immigration.
Overview: What Is an Immigrant Visa (Green Card)?
An immigrant visa, commonly known as a “green card,” grants an individual lawful permanent residency in the United States. It is the key that unlocks long-term stability and opportunity in the U.S.
Unlike temporary (nonimmigrant) visas, which are for a specific purpose and limited duration (e.g., tourism, temporary work, or study), an immigrant visa allows you to live and work in the U.S. permanently. The main pathways to a green card are through family sponsorship, employment, or significant investment.
The benefits of permanent residency are significant. You gain:
- Employment Freedom: The ability to work for nearly any employer in the U.S. without needing sponsorship.
- Long-Term Stability: The right to live in the U.S. indefinitely.
- Path to Citizenship: Eligibility to apply for U.S. citizenship after meeting residency requirements (typically 3-5 years).
Who We Represent
LBL provides sophisticated legal guidance for a diverse range of clients pursuing employment-based permanent residency, including:
- Skilled professionals, engineers, and IT experts
- Researchers, scientists, and academics at universities and private companies
- Executives and multinational managers transferring to U.S. operations
- U.S. companies of all sizes sponsoring essential foreign talent
- Entrepreneurs and investors seeking to launch or expand businesses in the U.S.
- Nurses and physical therapists eligible for Schedule A fast-track processing
- Individuals with extraordinary ability in the sciences, arts, education, business, or athletics
Employment-Based Immigration Categories (EB Visas)
The U.S. offers several employment-based (EB) immigrant visa categories, each designed for a specific type of professional. We have deep experience in every category.
EB-1A Extraordinary Ability
For individuals at the very top of their field, this self-petition category does not require a job offer or employer sponsorship.
EB-1B Outstanding Researchers/Professors
For internationally recognized academics with at least three years of experience and a tenure-track or comparable research position.
EB-1C Multinational Managers/Executives
For managers or executives who have worked for a qualifying overseas entity and are transferring to its U.S. affiliate.
EB-2 / EB-3 (PERM Labor Certification)
The most common path for skilled workers, professionals, and individuals with advanced degrees. It typically requires an employer to conduct a test of the U.S. labor market via the PERM process.
National Interest Waiver (NIW)
A sub-category of EB-2 for individuals with advanced degrees or exceptional ability whose work is so important to the U.S. that the labor certification requirement should be waived. This is also a self-petition option.
EB-5 Immigrant Investor Program
For foreign investors who make a significant capital investment in a new commercial enterprise that creates jobs for U.S. workers.
EB-4 Religious & Special Immigrants
For religious workers and certain special immigrants, including ministers and nonprofit religious personnel seeking permanent residency in the United States.
Schedule A – Fast Track for Nurses & Physical Therapists
A pre-certification from the Department of Labor that streamlines the process for these high-demand professions, allowing them to bypass the full PERM labor market test.
Green Card Processing Overview
While each category has unique requirements, the overall process for an employment-based green card follows a general framework:
Immigrant Petition (Form I-140)
The employer or self-petitioner files Form I-140 with USCIS, along with extensive evidence proving eligibility for the specific EB category. For PERM-based cases, this step follows the certification of the labor market test by the Department of Labor.
Wait for Priority Date
For categories with a backlog, the applicant must wait for their "priority date" (the filing date of the PERM or I-140) to become current on the Visa Bulletin.
Adjustment of Status or Consular Processing
Once a visa is available, the final green card application is filed. This is done through Adjustment of Status (AOS) for applicants in the U.S. or Consular Processing for those abroad.
Medical Exam
All applicants must complete a medical examination with a government-approved physician.
Final Approval
After an interview (if required) and final review, the green card is approved. An AOS applicant receives the card in the mail, while a consular applicant becomes a permanent resident upon entering the U.S.
“Very good experience working with Luke and his associates, I have been working with this firm for last 6 years, the best part is timely responsiveness, submitting the paperwork work to USCIS…” – Srinivas Gude
Common Challenges in Green Card Cases
The path to a green card can be long and complex, with many potential obstacles:
Visa Retrogression
When demand for visas in a category exceeds the annual supply, priority dates can move backward ("retrogress"), adding years to the wait time.
RFEs and NOIDs
USCIS frequently issues Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs), requiring a swift and strategic response.
Weak Documentation
Failure to provide sufficient, compelling evidence is the primary reason for denials
Changing Employers
An employee changing jobs mid-process can complicate or derail a pending green card case if not handled correctly.
High Evidentiary Standards
The standards for self-petitioned cases like EB-1A and NIW are subjective and extremely high, requiring a sophisticated legal strategy.
Why Choose Luke Bowman Law
Securing an employment-based green card requires deep legal knowledge and strategic foresight. Our firm is the trusted partner for professionals and employers because of our:
Proven Success
A strong track record with complex employment-based green cards, including high-stakes EB-1A, NIW, and EB-1C petitions.
Deep Experience
Intimate familiarity with the processes and adjudication standards of both USCIS and the Department of Labor (DOL).
Customized Strategy
We develop a unique case strategy tailored to the specific credentials and goals of each professional, researcher, and investor.
Clear Communication
We provide clear timelines, proactive updates, and responsive answers to your questions throughout the long process.
Frequently Asked Questions
How long does an employment-based green card take?
Processing times vary widely depending on the visa category, country of chargeability, government backlogs, and whether PERM labor certification is required. Some EB-1 cases may move relatively quickly, while EB-2 and EB-3 cases can involve multi-year waits due to visa retrogression.
What is the difference between PERM and a National Interest Waiver (NIW)?
PERM is an employer-sponsored process that requires a labor market test to show there are no qualified U.S. workers available for the role. A National Interest Waiver allows certain professionals to self-petition without PERM if their work has substantial merit and national importance to the United States.
What is visa retrogression?
Visa retrogression happens when demand for immigrant visas exceeds the annual limits set by immigration law. When this occurs, applicants may need to wait longer for their priority date to become current before moving forward with final green card processing.
Can I change employers during the green card process?
In some situations, changing employers may impact the case, especially during PERM labor certification or early immigrant petition stages. Certain applicants may qualify for job portability protections depending on the stage of the process and how long the adjustment application has been pending.
The duration varies widely depending on the visa category and your individual circumstances. Some are granted for a few months, while others can be extended for several years.
What is job portability under AC21?
AC21 portability may allow some applicants with pending adjustment of status applications to change employers or positions without restarting the green card process. The new role generally must be in the same or a similar occupational classification.
Is Premium Processing available for employment-based green card cases?
Premium Processing is available for many Form I-140 immigrant petitions, including certain EB-1, EB-2, and EB-3 categories. This service speeds up USCIS review of the petition itself, but it does not eliminate visa backlogs or speed up the entire green card process.
Should I choose Adjustment of Status or Consular Processing?
Applicants already in the United States may qualify for Adjustment of Status through USCIS, while individuals outside the country often complete immigrant visa processing through a U.S. consulate abroad. The best option depends on immigration status, timing, travel needs, and long-term plans.
What evidence is important for an EB-1A or NIW petition?
Strong petitions often include documentation showing professional achievements, industry recognition, publications, citations, leadership roles, media coverage, high salary evidence, or proof of significant contributions in the field. The quality and organization of evidence can heavily impact the outcome.
What happens if USCIS issues an RFE or NOID?
A Request for Evidence (RFE) or Notice of Intent to Deny (NOID) means USCIS needs additional information or has concerns about eligibility. A detailed and well-supported response is often critical to addressing issues before a final decision is made.
Can my spouse and children receive green cards with me?
In most employment-based immigration categories, spouses and unmarried children under 21 may qualify as derivative beneficiaries. Eligible family members can usually apply for permanent residency alongside the principal applicant.
Schedule Your Green Card Consultation Today
Achieving permanent residency is a life-changing milestone. Let our experienced legal team build the strongest possible case for your future in the United States.
Call: (810) 522-5405
Email: [email protected]