Employment-Based
Permanent
Residency
SERVICES
U.S. Green Card Strategies for Founders, Executives, Researchers & Professionals
Kameli Law architects rigorous immigrant visa petitions across EB-1, EB-2 NIW, EB-3, and Department of Labor PERM frameworks, securing lawful permanent status without structural vulnerabilities.
Request an AssessmentImmigrant Petition Scope
The Employment-Based Permanent Residency Division at Kameli Law structures immigrant petitions under first, second, and third preference immigrant classifications (INA § 203(b)). Whether pursuing self-petitioned pathways that bypass corporate sponsors (EB-1A Extraordinary Ability and EB-2 National Interest Waiver) or executing complex employer-driven PERM labor certifications and corporate EB-1C petitions, we deliver evidentiary filings aligned with precedent case law.
Priority 1 (EB-1)
Extraordinary & Executive
Priority 2 (EB-2)
NIW Self-Petition & Advanced Degrees
Priority 3 & DOL
EB-3 Skilled & PERM Labor Certification
USCIS adjudicates employment-based petitions under the two-step Kazarian framework and the three-prong Dhanasar precedent. Success requires extensive primary evidence, third-party expert testimony, and verified commercial or academic impact.
Employment Immigrant Visas
Select an immigrant visa category below to review eligibility criteria, documentation standards, and sponsorship requirements.
Reserved for individuals at the absolute top of their field or executives steering multinational growth. Our briefs establish international acclaim and operational excellence without labor certification hurdles.
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EB-1A: Extraordinary ability in sciences, arts, education, business, or athletics.
EB-1B: Outstanding professors and researchers with international recognition.
EB-1C: Multinational managers or executives transferred to qualifying U.S. entities.
Permits entrepreneurs, founders, engineers, researchers, and physicians to petition for a green card independently without employer sponsorship or a labor certification. Filings are crafted under the Matter of Dhanasar precedent.
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Prong 1: Proposed endeavor has substantial merit and national importance.
Prong 2: Candidate is well-positioned to advance the proposed endeavor.
Prong 3: On balance, it is beneficial to the U.S. to waive the job offer and PERM.
Structured for corporate talent holding a Master's degree, Ph.D., or a Bachelor’s degree combined with at least five years of progressive post-baccalaureate experience. Requires certified labor certification.
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Advanced degree verification through foreign credential evaluation.
Exceptional ability qualification under regulatory factors (8 CFR § 204.5(k)).
Direct employer compliance with certified prevailing wage guidelines.
Covers permanent positions demanding a U.S. baccalaureate degree (Professionals) or at least two years of specialized training, apprenticeship, or vocational experience (Skilled Workers).
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EB-3 Professionals: Baccalaureate degree directly related to the occupation.
EB-3 Skilled Workers: Minimum of two years of verifiable vocational practice.
Concurrent Form I-485 adjustment of status or consular visa processing.
The legal bedrock of employer-sponsored EB-2 and EB-3 petitions. We oversee the mandatory recruitment lifecycle—prevailing wage requests, state job orders, newspaper advertisements, and recruitment documentation files—protecting businesses against DOL audit triggers.
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Step 1: PWD National Prevailing Wage Center filing and job duty determination.
Step 2: Recruitment Mandatory SWA job orders, print ads, and recruitment documentation logs.
Step 3: ETA 9089 Electronic Department of Labor submission and audit defense briefs.
Employment Preference Comparison
Employment Visa Decision Matrix
Determine whether your credentials require an employer sponsor or qualify for direct self-petitioning.
| Preference | Minimum Education / Record | Employer Sponsor | PERM Required | USCIS Processing |
|---|---|---|---|---|
| EB-1A Extraordinary | Sustained national or international acclaim; top percentage in field | Exempt (Self-Petition) | Exempt | 15-Day Premium Available |
| EB-1B & EB-1C | Tenured research record or 1+ year multinational executive tenure | Mandatory | Exempt | Premium Processing Available |
| EB-2 NIW | Advanced Degree or Exceptional Ability with substantial national merit | Exempt (Self-Petition) | Waived | 45-Day Premium Available |
| EB-2 Standard | Master's, Ph.D., or Bachelor's + 5 years progressive experience | Mandatory | Mandatory | DOL PERM + Form I-140 |
| EB-3 Skilled / Professional | Bachelor's Degree or 2+ years verified vocational training | Mandatory | Mandatory | DOL PERM + Form I-140 |
Unsure of Your Best Green Card Strategy?
Send your curriculum vitae or company staffing objectives to our senior partners for a confidential legal review.
Administrative Scrutiny
Institutional Advocacy
Overcoming USCIS & DOL
Evidentiary Obstacles
Securing an employment-based permanent residency petition demands substantive corroboration. USCIS adjudicators evaluate filings with heightened scrutiny, frequently probing beneficiary achievements, business impact, and recruitment compliance.
Kazarian & Dhanasar Briefing: Constructing briefs that fulfill baseline regulatory factors while proving sustained acclaim or substantial national importance.
Department of Labor Defense: Structuring PERM recruitment campaigns and documentation audit files to eliminate procedural denials.
Authoritative Corroboration: Developing peer testimonial letters from independent industry leaders and academic department heads.
Our Petition Lifecycle
A three-stage evidentiary standard engineered to minimize Requests for Evidence (RFEs) and position petitions for approval.
Candidate & Role Audit
Exhaustive evaluation of academic transcripts, publications, citations, corporate structures, and wage minimums before finalizing category choice.
Exhibit & Brief Compilation
Drafting substantive legal briefs tying primary documentary evidence directly to precedent statutory prongs and administrative standards.
Adjudication Management
Direct management through USCIS adjudications, Form I-140 Premium Processing, concurrent Form I-485 adjustment, or consular processing.
Frequently
Asked Questions
Authoritative legal answers regarding employment green cards, self-petitions, and labor certifications.
Can I apply for a green card without an employer sponsor?
Yes. Both the EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver) categories permit direct self-petitioning. Beneficiaries do not require a permanent job offer from a U.S. company, nor do they need to undergo the Department of Labor PERM recruitment process, provided they meet statutory criteria.
What is the difference between EB-1A and EB-2 NIW?
EB-1A requires demonstrating sustained national or international acclaim and proving that you are among the small percentage who have risen to the very top of your field. EB-2 NIW requires holding an advanced degree or exceptional ability and demonstrating that your proposed endeavor possesses substantial merit and national importance to the United States under the Matter of Dhanasar framework.
Why is the PERM Labor Certification required for standard EB-2 and EB-3?
Under federal law (INA § 212(a)(5)(A)), standard employment green cards require the sponsoring U.S. employer to test the domestic labor market through formal recruitment advertising. The employer must prove to the Department of Labor that there are no able, willing, qualified, and available U.S. workers for the position, and that employing a foreign national will not adversely affect domestic wages.
Is Premium Processing available for employment-based immigrant petitions?
Yes. USCIS provides Premium Processing (Form I-907) for Form I-140 immigrant petitions across EB-1A, EB-1B, EB-1C, EB-2 (including NIW), and EB-3 classifications. Adjudication guarantees a response (approval, denial, or RFE) within 15 calendar days for EB-1A, EB-1B, EB-2 standard, and EB-3, and within 45 calendar days for EB-1C and EB-2 NIW.
Secure Your
U.S. Permanent Residency
Schedule a confidential legal assessment with our employment immigration attorneys to discuss your petition strategy.
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