Consultations in English, Spanish, Portuguese, and French

Boynton Beach · Lake Worth · Atlanta

+1 (888) 353-8307
Call Schedule a Consultation

EMPLOYMENT-BASED IMMIGRATION · EB-1 · EB-2 · NIW · EB-3

Employment-Based Green Cards

Permanent residency, earned through your work.

Two researchers in lab coats reviewing results on a tablet

An employment green card is the difference between a visa that expires and a life you can plan. As your employment visa lawyer for the immigrant path, we handle the whole arc for employees building toward permanent residency and for the employers who sponsor them: EB-1 for the extraordinary, EB-2 and the national interest waiver for advanced-degree professionals, EB-3 and PERM labor certification for skilled and professional workers. Offices in Boynton Beach, Lake Worth, and Atlanta, in four languages.

EB-1 to EB-3

THE FULL IMMIGRANT EMPLOYMENT LADDER

PERM to I-485

CERTIFICATION THROUGH ADJUSTMENT

Employees + Employers

BOTH SIDES OF THE SPONSORSHIP

THE PREFERENCE CATEGORIES

How the employment green card categories fit together

Congress divides employment-based green cards into preference categories, each with its own eligibility bar and its own place in line. The higher the preference, the faster the path tends to move. Choosing the right category is the single most important decision in an employment-based case, because it sets your priority date, your evidence burden, and whether you need an employer to sponsor you at all.

The first preference, EB-1, is for people at the very top of their field: those with extraordinary ability, outstanding professors and researchers, and multinational managers and executives. The second preference, EB-2, is for professionals holding an advanced degree or people with exceptional ability, and it contains the national interest waiver, a route that lets qualifying applicants skip the labor certification and the job offer entirely. The third preference, EB-3, is for skilled workers, professionals with a bachelor's degree, and other workers, almost always after a PERM labor certification.

Most people qualify for more than one category. The art is in matching your record to the category that gives you the strongest case and the shortest wait. That is the conversation we have first, before a single form is filed.

EB-1: for the top of the field

EB-1 is the first preference, and it rewards people whose careers already speak for themselves. It splits into three routes. EB-1A is for individuals of extraordinary ability in the sciences, arts, education, business, or athletics. It is one of the few employment green cards you can file for yourself, with no employer and no labor certification. EB-1B is for outstanding professors and researchers with a permanent job offer and international recognition in their field. EB-1C is for multinational managers and executives transferred to a US arm of the same company, and it often follows naturally from an L-1A intracompany transfer.

Because EB-1 sits at the front of the line, priority dates in this category tend to move faster than EB-2 or EB-3, which can shave years off the wait for applicants from heavily backlogged countries. The tradeoff is the evidence. An EB-1 petition is won on the strength of the documentation: awards, publications, media, leadership, salary, and expert letters, assembled into a record that meets the regulatory criteria.

EB-2 and the national interest waiver

EB-2 is the second preference, for professionals who hold an advanced degree (or a bachelor's degree plus five years of progressive experience) and for people with exceptional ability in the sciences, arts, or business. A standard EB-2 case runs through PERM labor certification with an employer sponsor, the same way most EB-3 cases do.

The national interest waiver is what makes EB-2 different. The NIW asks the government to waive both the job offer and the labor certification because the applicant's work is important enough to the country to justify it. That means you can self-petition: no employer, no PERM, no recruitment. USCIS evaluates the request under the three-prong Dhanasar test: whether your endeavor has substantial merit and national importance, whether you are well positioned to advance it, and whether it would benefit the United States to waive the normal requirements. Entrepreneurs, researchers, physicians in underserved areas, and specialized professionals are often strong NIW candidates.

The Dhanasar three-prong test

01

Your proposed endeavor has substantial merit and national importance.

02

You are well positioned to advance that endeavor.

03

On balance, it benefits the United States to waive the job-offer and labor-certification requirements.

EB-3 and skilled-worker green cards

EB-3 is the third preference, and it covers the broadest range of workers: skilled workers whose jobs require at least two years of training or experience, professionals holding a US bachelor's degree or its foreign equivalent, and other workers in positions requiring less than two years of training. EB-3 is the backbone of employer-sponsored immigration, and nearly every EB-3 case begins with a PERM labor certification.

PERM is the process by which an employer tests the US labor market and certifies to the Department of Labor that no qualified, willing American worker is available for the position at the prevailing wage. It is exacting, deadline-driven, and unforgiving of errors: a single misstep in the recruitment or the wage determination can trigger an audit or a denial. We handle PERM for the employer and the green card for the worker, so both sides of the sponsorship move as one file.

The PERM labor certification process, step by step

For EB-2 (non-NIW) and EB-3 cases, PERM is the first major stage. It moves in a set order, and the timing of each step matters.

First, the employer requests a prevailing wage determination from the Department of Labor, establishing the minimum wage the position must pay. Next comes a structured recruitment campaign: required advertisements and postings run over a defined period to test whether qualified US workers are available. If recruitment produces no able, willing, and qualified US applicant, the employer files the ETA-9089 application for labor certification with the Department of Labor. Once the certification is approved, the employer files Form I-140, the immigrant petition, with USCIS. Finally, when a green card is available under the visa bulletin, the worker either adjusts status inside the US on Form I-485 or completes consular processing abroad.

Priority dates and the visa bulletin: your place in line

Employment green cards are numerically limited, capped both by category and by country of birth. Your priority date is your place in that line, generally the date your PERM or, for categories without PERM, your I-140 was properly filed. Each month the Department of State publishes the visa bulletin, which shows how far the line has moved. When your priority date becomes current, a green card number is available and you can take the final step.

For applicants born in countries with high demand, the wait between an approved petition and an available green card can be significant, and it can stretch or contract as the bulletin moves. This is why category selection matters so much: a stronger category, or a self-petition route like the NIW or EB-1A, can mean a materially shorter line.

Adjustment of status or consular processing

Once a green card is available, there are two ways to receive it. If you are already in the United States in a valid status, you can usually adjust status by filing Form I-485 without leaving the country, often with work and travel authorization while the case is pending. If you are abroad, or if adjustment is not available to you, you complete consular processing at a US embassy or consulate in your home country.

Which path fits depends on where you are, what status you hold, your travel history, and any prior immigration issues. We map that out before filing, because the wrong choice can cost months or, in some cases, jeopardize the whole petition.

Employment is one of several roads to permanent residency. See how it fits alongside family, investor, and humanitarian paths on our Green Cards & Permanent Residency overview.

For employers sponsoring a green card

Sponsoring a worker for a green card is a commitment with real obligations, and we represent the employer as carefully as we represent the employee. We manage the prevailing wage determination, run compliant PERM recruitment, prepare a defensible ETA-9089, and file the I-140, with the audit file built from day one, not scrambled together after a request arrives. We advise on the employer's role and liability as a sponsor, on the timing of onboarding and role changes, and on how to keep a valued employee working lawfully while the green card matures.

If you also hire on nonimmigrant work visas (H-1B, L-1, O-1, TN), we coordinate the temporary visa and the permanent green card as one strategy, so a worker's status never falls into a gap.

Why employers and professionals choose Delgado Purdy Law

Employment-based immigration rewards firms that see the whole board. We do. Our two founding attorneys cover the full immigration spectrum between them, from the PERM and NIW work that Thais handles to the investor and business-immigration matters that Jacqueline leads, which means when an EB-1C executive also needs an E-2 for a spouse, or an EB-5 conversation opens up alongside an EB-2, you are not sent to a second firm. You will work with your attorney directly, in English, Spanish, Portuguese, or French, from offices in Boynton Beach, Lake Worth, and Atlanta.

For investors weighing whether to buy their way to a green card rather than work their way there, we also handle the EB-5 and E-2 routes on our investor visas page.

CLIENT REVIEWS

What professionals and employers wrote about working with us.

Every review below is a real Google review of this firm, across all of our practice areas. Each card links back to the profile it came from, so you can verify any of it in a click.

“Thais is an amazing lawyer and person, and because she’s Brazilian too, our communication was great! During the process she was always there to answer the questions about my immigration process in minutes! She really helped me and clarified everything when I needed. I highly recommend her!”

Deborah Z.

Rio de Janeiro, Brazil · Boynton Beach

Verify on Google, Boynton Beach profile

“Delgado Law Group has done a great job on my family’s immigration case. They have been much more professional and productive than our prior legal team. We really appreciate their support.”

Haydee Cedeño

7 months ago · Lake Worth

Verify on Google, Lake Worth profile

“Thais was awesome and has great communication. I was having trouble getting my wife’s visa with another lawyer. Thais stepped in and got it done right away. She made our case a priority and I highly recommend hiring her. She turned our stressful situation into an easy one.”

David R.

Honolulu, HI · Boynton Beach

Verify on Google, Boynton Beach profile

“Amazing job on my case! Amazing service overall! Jackie knows her stuff and will fight hard for you and your case! I am satisfied and would highly recommend! Thank you Jackie and her office for everything.”

Mimi M.

a year ago · Lake Worth

Verify on Google, Lake Worth profile

“After two frustrating experiences with other lawyers here in Florida, we finally found someone who would give us all the legal and emotional support to face this difficult and long-awaited dream. Thais Arsolino helped us overcome the fears and challenges of our EB-3. She guided our process from start to finish with dedication. Thank you for being a fundamental part of this achievement for our family!”

Bruna Loyola

Florida · Boynton Beach

Translated from Portuguese.

Verify on Google, Boynton Beach profile

“Ms. Delgado is the best lawyer ever. Helped my whole family and can’t thank her enough. God bless Ms. Delgado and her whole crew.”

Manuel Francisco

10 months ago · Lake Worth

Verify on Google, Lake Worth profile

“I would recommend this law office over any other in the South Florida area. The care and attention I have received here is unlike any other. When you call, you get to speak with the actual attorney, not an assistant or paralegal.”

Ryan B.

Miami, FL · Boynton Beach

Verify on Google, Boynton Beach profile

“Thais was always available for my calls and messages. I was surprised at how quickly she and her staff responded to my concerns. I’m happy to say that my case is now over and I can move on with my life.”

Maria F.

Jupiter, FL · Boynton Beach

Verify on Google, Boynton Beach profile

“No words for the professionalism. I recommend Purdy to everyone. I especially thank Thais, an undisputed professional.”

Lailson Lesbao

Brazil · Boynton Beach

Translated from Portuguese.

Verify on Google, Boynton Beach profile

These are real reviews from real clients, published with their permission. Every immigration case turns on its own facts. A prospective client may not obtain the same or similar results.

COMMON QUESTIONS

Employment green card questions we hear in every consultation

They are the three main employment-based preference categories, ranked by the bar you have to clear. EB-1 is for extraordinary ability, outstanding researchers, and multinational executives. EB-2 is for advanced-degree professionals and people of exceptional ability, and it contains the national interest waiver. EB-3 is for skilled workers, professionals with a bachelor's degree, and other workers. Higher preference categories generally have shorter waits but a higher evidence burden. We help you match your record to the strongest category.

Not always. Most EB-2 and EB-3 cases require an employer to sponsor you and complete a PERM labor certification. But two important routes let you file for yourself with no employer: EB-1A for individuals of extraordinary ability, and the EB-2 national interest waiver. If you qualify for a self-petition, it can dramatically simplify and speed up your case.

PERM is the process an employer uses to certify to the US Department of Labor that there is no qualified, willing, and available US worker for the position at the prevailing wage. It involves a prevailing wage determination, a structured recruitment campaign, and the ETA-9089 application. PERM is required for standard EB-2 and EB-3 cases, but not for EB-1 or the national interest waiver.

Your priority date is your place in line for a green card, generally the date your PERM (or, for categories without PERM, your I-140) was properly filed. Because employment green cards are capped by category and country of birth, you may have to wait until your priority date becomes "current" under the monthly visa bulletin before you can take the final step. A stronger category or a self-petition route can mean a shorter line.

It depends heavily on the category, your country of birth, and whether PERM is required. Self-petition routes like EB-1A and the NIW skip PERM and can be faster. Standard EB-2 and EB-3 cases add the PERM stage before the petition. After the petition, the wait for a green card number depends on the visa bulletin. We give you a realistic timeline for your specific facts at the consultation.

Yes, and it is one of the most common paths we handle. Many clients enter on a nonimmigrant work visa such as H-1B, L-1, O-1, or TN and later pursue an employment green card. We coordinate the temporary visa and the permanent case together so your status never falls into a gap. An L-1A executive, for example, often lines up naturally with an EB-1C green card.

The national interest waiver is an EB-2 route that waives both the job offer and the PERM labor certification when your work is important enough to the United States to justify it. USCIS applies the three-prong Dhanasar test. Entrepreneurs, researchers, physicians in underserved areas, and highly specialized professionals are often strong candidates. Because you can self-petition, the NIW is one of the most flexible employment green cards available.

A sponsoring employer takes on real responsibilities: paying at least the prevailing wage, running compliant recruitment, filing accurate petitions, retaining a PERM audit file, and meeting ongoing obligations depending on the visa or category involved. Missteps can trigger audits, denials, or liability. We represent employers through each step and build the audit file from the start so the sponsorship holds up to scrutiny.

Fees depend on the category, whether PERM is required, and whether we represent the worker, the employer, or both. Government filing fees are separate from attorney fees and change over time. We scope the full cost at the consultation, so you get a real number before you commit. No quotes without seeing the file.

Yes. We have offices in Boynton Beach and Lake Worth in Palm Beach County and in Atlanta, and we handle employment green card cases for employers and professionals in both states and beyond. The same attorneys and the same case file follow you, in English, Spanish, Portuguese, or French.

READY WHEN YOU ARE

Let's find the right category for your case.

Schedule a consultation with us. We will look at your record, tell you which employment green card path is strongest, and lay out the real timeline and the real cost before you commit to anything. If you retain us, the consultation fee is credited to your case.