Employment Base

Employment-Based Green Card: Securing Permanent Residency Through Work

At Shah & Kishore, we understand that obtaining a green card through employment is a transformative step in an immigrant’s journey one that opens the door to long-term stability, career growth, and eventual U.S. citizenship. Employment-based permanent residency allows skilled professionals, researchers, executives, and essential workers to build a future in the United States while contributing meaningfully to its economy and society.

The process, however, is complex and highly regulated. It involves multiple stages, strict documentation requirements, and coordination between the applicant, employer, and U.S. government agencies. As of October 2025, recent policy updates have introduced heightened scrutiny in labor certification reviews and increased demand for documentation proving the legitimacy of job offers and employer financial stability.

Our firm has successfully guided thousands of professionals through the employment-based green card process, including those facing challenges such as:

  • Job changes during the green card process, which can jeopardize eligibility.
  • Delays in PERM labor certification due to audit triggers or prevailing wage disputes.
  • Issues with employer sponsorship, including mergers, layoffs, or insufficient financial documentation.
  • Complex visa histories, such as prior out-of-status periods or gaps in employment.

With over 30 years of experience, Shah & Kishore provides strategic, hands-on support at every stage of the employment-based green card process. We work closely with both employers and applicants to ensure compliance, prepare robust filings, and anticipate potential obstacles. Our multilingual team is equipped to serve clients from diverse industries and backgrounds with clarity, precision, and compassion.

Employment-Based Green Card Process Overview

The employment-based green card process typically involves three major steps:

  1. PERM Labor Certification (if required):
  • Filed by the employer with the U.S. Department of Labor.
  • Demonstrates that no qualified U.S. workers are available for the position.
  • Requires a detailed recruitment process and prevailing wage determination.
  1. I-140 Immigrant Petition:
  • Filed by the employer with USCIS.
  • Confirms the job offer and the applicant’s qualifications.
  • Must show the employer’s ability to pay the offered wage.
  1. Adjustment of Status (Form I-485) or Consular Processing:
  • Filed by the applicant once a visa number becomes available.
  • Includes biometrics, medical exam, and background checks.
  • Can be filed concurrently with the I-140 in certain cases.

Common Employment-Based Categories

  • EB-1: Priority workers (extraordinary ability, outstanding professors/researchers, multinational executives).
  • EB-2: Professionals with advanced degrees or exceptional ability (may include National Interest Waiver cases).
  • EB-3: Skilled workers, professionals, and other workers.
  • EB-4 & EB-5: Special immigrants and investors (less common in employment sponsorship).

Maintaining Eligibility

To preserve your green card eligibility during the process, it’s critical to:

  • Maintain lawful status in the U.S.
  • Avoid unauthorized employment.
  • Notify USCIS of any changes in employment or address.
  • Work with experienced legal counsel to navigate job changes or employer issues.

At Shah & Kishore, we don’t just file paperwork we build strategies. Whether you’re a tech professional on an H-1B visa, a researcher seeking a National Interest Waiver, or an executive being transferred to a U.S. branch, we tailor our approach to your unique goals and circumstances. Our team ensures that your path to permanent residency is smooth, secure, and aligned with your long-term aspirations.