What are the steps to get an employment-based visa or Green Card in the U.S.?

The employment-based immigration process typically begins when a U.S. employer sponsors a foreign worker for permanent residency. In most cases, the employer must first obtain a PERM Labor Certification from the Department of Labor, demonstrating that no qualified U.S. workers are available for the position. Once the PERM is approved, the employer files Form I-140 with USCIS to classify the worker under an appropriate employment-based category (EB-1, EB-2, or EB-3). After the I-140 is approved and a visa number becomes available according to the Visa Bulletin, the foreign worker can apply for lawful permanent residency by filing Form I-485 if already in the U.S., or completing consular processing abroad. Each step involves detailed documentation, eligibility review, and timing considerations, which is why many applicants rely on experienced legal counsel to ensure everything proceeds smoothly.

How long does it take to get an employment-based Green Card?

Processing times for employment-based Green Cards vary based on several factors, including the applicant’s country of origin, the visa category, and current backlogs in the Visa Bulletin. On average, cases that require a PERM Labor Certification can take 1 to 2 years from start to finish, including the recruitment phase, DOL review, and USCIS processing. For EB-1 and EB-2 National Interest Waiver (NIW) applicants who don’t require PERM, the timeline can be significantly shorter. However, applicants from countries with high demand, such as India or China, may experience longer waits due to visa number backlogs. An experienced attorney can help assess your specific timeline, track your priority date, and suggest strategies to minimize delays or preserve eligibility during long waiting periods.

How does the Visa Bulletin affect wait times for employment-based Green Cards?

The Visa Bulletin, published monthly by the U.S. Department of State, controls when foreign nationals can move forward with the final stage of their Green Card application. Each applicant receives a priority date (usually the date their PERM or I-140 was filed), and the Visa Bulletin shows which priority dates are “current” for each employment-based category and country. If your priority date is earlier than the date listed in the bulletin for your category, you may file for adjustment of status or complete consular processing. Delays occur when there are more qualified applicants than available visa numbers in a particular category or country. For example, applicants from nations with heavy immigration demand often face multi-year backlogs before their dates become current. Your lawyer can monitor these changes, explain when you’re eligible to take the next step, and help you maintain lawful status while you wait.

How does an immigration attorney help with PERM labor certification?

The PERM Labor Certification process is one of the most complex parts of employment-based immigration, and even small mistakes can result in costly denials or delays. An immigration attorney guides the employer through each step, including: Drafting a compliant job description Determining the prevailing wage Advising on the mandatory recruitment process Ensuring all documentation meets Department of Labor (DOL) requirements The attorney verifies that the offered wage and job duties align with DOL standards to prevent audit triggers or rejections. Beyond the PERM Labor Certification process itself, your attorney can continue to add value by preparing the ETA Form 9089, reviewing recruitment results for compliance, and keeping the case on schedule to avoid the expiration of key filings. With our legal guidance, employers can reduce the risk of errors and complete the process efficiently, paving the way for a successful I-140 filing and, ultimately, the employee’s green card.

Reno Employment Immigration Lawyer | Employment-Based Immigration Attorney in Reno, NV

Smit Law Group/

Reno Employment Immigration Lawyer

Why Hire SMIT LAW GROUP to handle your case?

5-star client reviews.
Experience in both immigration and family law.
Multilingual, global-mindset legal team.
Proactive communication and clear case updates.
Local Reno presence, ready to serve.
Strategic approach to complex cases.

Find Out How We Can Help

Schedule Your Consultation

Our Experienced Employment-Based Immigration Attorney in Reno, NV, Advises U.S. Employers and Foreign Workers on Options for Obtaining Green Cards in a Professional Context

Navigating the U.S. immigration system can be complex, especially for professionals, employers, and investors pursuing opportunities through employment-based immigration. At Smit Law Group, our team understands the critical intersection of business growth and immigration law. As your trusted Reno employment immigration lawyer, we provide strategic guidance to help you secure the right visa or Green Card based on your skills, experience, or investment goals.

Take the next step toward the opportunities awaiting you in America or the international talent your business needs, and contact us today. We’re here to support our clients at every step of employment-based immigration efforts.

Understanding Employment-Based Immigration Opportunities in Reno, NV

Employment-based immigration allows foreign nationals to obtain lawful permanent residency in the United States through job offers, specialized skills, or investment. Additionally, temporary lawful residency can be obtained through work visas or investor and entrepreneur visas. Each type of employment-based immigration or visa has specific eligibility requirements, as well as advantages and disadvantages to consider.

Our experienced employment-based immigration attorney in Reno, NV, assists individuals, families, and employers through each stage, from determining eligibility to filing petitions and responding to U.S. Citizenship and Immigration Services (USCIS) inquiries.

Employment-Based Preference Categories

There are five preference categories a worker seeking employment-based immigration credentials may qualify for (EB-1 through EB-5), though most applicants fall within the first three. Each category carries specific eligibility criteria, benefits, and challenges.

EB-1: Priority Workers

First preference is given to beneficiaries (foreign workers) in the EB-1 category. This preference category is reserved for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers.

EB-1A (Extraordinary Ability): The beneficiary must demonstrate sustained national or international acclaim in the arts, sciences, education, business, or athletics. No job offer or labor certification is required.
EB-1B (Outstanding Professors and Researchers): The beneficiary must possess international recognition and at least three years of experience in teaching or research. A job offer from a U.S. employer is necessary.
EB-1C (Multinational Managers or Executives): The beneficiary must have worked for a qualifying international company for at least one year in a managerial or executive role.

Compared to other employment categories, EB-1 workers enjoy faster processing times. In many cases, going through the PERM (Program Electronic Review Management) labor certification process is not required for EB-1 immigration. However, it is difficult to qualify for this status. Individuals with exceptional achievements must provide extensive documentation that speaks to a significant record of accomplishments.

Generally, the process of bringing a foreign worker who qualifies for EB-1 preference to the United States begins with the filing of Form I-140 (Immigrant Petition for Alien Worker) with USCIS. EB-1A and EB-1B priority workers can file the I-140 on their own behalf. For EB-1C applications, the employer must file the form. Upon approval, the foreign worker can obtain a Green Card through consular processing or Adjustment of Status (using Form I-485, Application to Register Permanent Residence or Adjust Status).

EB-2: Professionals with Advanced Degrees or Exceptional Ability

Even if a worker doesn’t meet the high evidentiary standards required to qualify for EB-1 preference, they may qualify for EB-2 preference with a job offer from a U.S. employer. The EB-2 category benefits professionals with advanced degrees or individuals who can show exceptional ability in their field.

To be eligible under the advanced degree requirement, you must have either a U.S. master’s degree or a foreign equivalent, or a bachelor’s degree plus five years of progressive experience. If seeking immigration benefits based on exceptional ability, you must demonstrate a high level of expertise in the sciences, arts, or business that is significantly above the levels of proficiency ordinarily encountered.

The EB-2 category of employment-based immigration pathways also encompasses National Interest Waivers (NIW). When granted, these waivers allow applicants to bypass employer sponsorship if their work substantially benefits the United States, and they don’t require a job offer or undergoing the PERM process.

While EB-2 preference allows a faster path to immigration for professionals with strong credentials, processing times can vary based on visa bulletin backlogs. Unless you are applying for an NIW, PERM labor certification is generally required.

Generally, the employer must obtain PERM labor certification and then file Form I-140 on behalf of the employee. The foreign worker then completes Form I-485 for Adjustment of Status or undergoes consular processing.

Your future deserves attention today. Call 775-993-2235 or contact our team to schedule a consultation. We’re here to help you move forward with confidence.

Available 24/7

775-993-2235

EB-3: Skilled Workers, Professionals, and Other Workers

With a permanent, full-time job offer from a U.S. employer and mandatory labor certification through the PERM process, skilled workers, professionals, and other workers can come to the United States as part of the EB-3 category. Under this category, workers are classified into three groups:

Skilled workers: Workers with a minimum two years of training or experience
Professionals: Workers with a bachelor’s degree or foreign equivalent
Other workers: Workers performing unskilled labor requiring less than two years of training

EB-3 offers broader eligibility than EB-1 and EB-2, providing a viable pathway for both skilled and unskilled labor categories. However, visa number limitations usually result in longer waiting periods than those encountered by foreign workers in EB-1 and EB-2 categories.

The process of attaining employment-based immigration under the EB-3 preference category requires the employer to complete the PERM labor certification to show that no qualified U.S. worker is available for the role and file Form I-140. Upon approval, the foreign worker either adjusts status or completes consular processing to obtain their Green Card.

The process of immigrating to the United States under employment-based categories is challenging, involving multiple agencies and strict documentation requirements. Having a Reno employment immigration lawyer guiding every step ensures compliance and helps prevent costly delays.

The PERM Labor Certification Process

For most EB-2 and EB-3 applicants, PERM labor certification is the first step in immigrating to the United States. The PERM process is designed to protect U.S. workers by requiring employers to test the labor market before hiring foreign nationals.

Generally, the steps in the PERM process include:

The U.S. employer defining the role’s minimum qualifications
The Department of Labor (DOL) determining the standard wage for the position
The employer advertising the job in multiple channels for a designated period
The employer electronically filing ETA Form 9089 with the DOL after the completion of these recruitment efforts
The employer receiving approval of the PERM Labor Certification and filing Form I-140 with USCIS within 180 days of PERM approval

The PERM process is highly procedural, and even minor errors can result in denial. A skilled employment-based immigration attorney in Reno, NV, can manage the process end-to-end to ensure compliance and accuracy.

Non-Immigrant Residency Options for Workers

While employment-based Green Cards offer permanent residency, many professionals begin their journey with temporary work visas. Common options include:

H-1B Visa: For specialty occupations requiring a bachelor’s degree or higher
L-1 Visa: For intra-company transferees working in managerial or specialized knowledge roles
O-1 Visa: For individuals with extraordinary ability or achievement
TN Visa: For professionals from Canada and Mexico under the USMCA agreement

Foreign investors and business owners may also qualify for U.S. residency through investment-based programs. Investor and entrepreneur visas include:

EB-5 Immigrant Investor Program: For investors making an investment of $1,050,000 (or $800,000 in targeted employment areas) and creation of at least ten U.S. jobs
E-2 Treaty Investor Visa: For nationals from treaty countries, allowing them to invest a substantial amount in a U.S. business

While EB-5 leads to a Green Card, the E-2 is a non-immigrant visa. It’s important that entrepreneurs evaluate the best path based on their investment goals, risk tolerance, and long-term immigration strategy. An immigration law attorney can help you understand all of your options and make the right choice for your situation.

If you’re beginning your immigration journey with a temporary work visa, legal guidance can help you maintain status, transition from a work visa to a Green Card when the timing is right, and ensure full compliance with U.S. immigration laws.

Our Employment-Based Immigration Attorney in Reno, NV, Can Help You Take the Next Step Toward U.S. Residency

Whether you are a highly skilled worker, a professional with advanced education, or an employer seeking international talent, employment-based immigration can open life-changing opportunities.

At Smit Law Group, our Reno employment immigration lawyer advises employers and employees on their options. We will evaluate your eligibility, develop a customized strategy, and guide you from petition to approval, so you can navigate every step of the process with confidence. We provide comprehensive support through each step, including preparing documentation, managing timelines, and addressing USCIS requests.

How Smit Law Group Can Help

Employment-based immigration cases require meticulous documentation, strong legal reasoning, and strategic timing. Our seasoned Reno employment immigration lawyer provides value by:

Assessing eligibility: Evaluating qualifications for EB-1, EB-2, EB-3, or alternative visa categories
Preparing petitions: Drafting persuasive filings with supporting evidence to meet USCIS and DOL standards
Managing deadlines: Monitoring priority dates, visa bulletin updates, and status changes
Responding to requests: Handling Requests for Evidence (RFEs) and appeals efficiently
Advising employers: Ensuring companies remain compliant with immigration and labor regulations

Our law firm is dedicated to helping both individuals and businesses achieve their immigration goals quickly and effectively.

Why Choose Smit Law Group as Your Reno Employment Immigration Lawyer?

When you need a Reno employment immigration lawyer with an insider’s perspective on the process, full-service support for employers, and multilingual proficiency, you need Smit Law Group.

An Immigrant’s Insider Experience

Our firm is led by attorney Margaretha "Greta" Smit, an immigrant from Holland who first came to the United States for an internship as an MBA student. This experience gives our team unique insight into the challenges and concerns that foreign workers face, as well as the immigration processes they go through.

Comprehensive Guidance for Employers

We help employers in and near Reno bring on the international talent their businesses need by handling the immigration process at every stage. Initial consultations are available for immigration cases at a reasonable flat-rate fee, allowing your company to get a professional’s insights and advice on how to move forward.

Multilingual Assistance

With attorney Greta Smit’s knowledge of English, Spanish, Dutch, German, and French, our firm can often communicate with foreign workers in their native languages. This ability sets us apart from many other firms near Reno, helping us to avoid misunderstandings due to language barriers and, often, bridge communication gaps to ensure the employer and the foreign worker are on the same page.

Contact a Reno Employment Immigration Lawyer at Smit Law Group Today for an Initial Consultation

When it’s time to start building your future in the United States or to bring the best international talent to your workforce, it’s time to schedule your initial consultation with our immigration law firm. We advocate for our clients from start to finish, analyzing eligibility and developing calculated legal strategies for success.

For help from an employment-based immigration attorney in Reno, NV, contact Smit Law Group online or call 775-993-2235 today.

Frequently Asked Questions About Employment-Based Immigration in Reno, NV

The employment-based immigration process typically begins when a U.S. employer sponsors a foreign worker for permanent residency. In most cases, the employer must first obtain a PERM Labor Certification from the Department of Labor, demonstrating that no qualified U.S. workers are available for the position. Once the PERM is approved, the employer files Form I-140 with USCIS to classify the worker under an appropriate employment-based category (EB-1, EB-2, or EB-3).
After the I-140 is approved and a visa number becomes available according to the Visa Bulletin, the foreign worker can apply for lawful permanent residency by filing Form I-485 if already in the U.S., or completing consular processing abroad. Each step involves detailed documentation, eligibility review, and timing considerations, which is why many applicants rely on experienced legal counsel to ensure everything proceeds smoothly.
Processing times for employment-based Green Cards vary based on several factors, including the applicant’s country of origin, the visa category, and current backlogs in the Visa Bulletin. On average, cases that require a PERM Labor Certification can take 1 to 2 years from start to finish, including the recruitment phase, DOL review, and USCIS processing. For EB-1 and EB-2 National Interest Waiver (NIW) applicants who don’t require PERM, the timeline can be significantly shorter.
However, applicants from countries with high demand, such as India or China, may experience longer waits due to visa number backlogs. An experienced attorney can help assess your specific timeline, track your priority date, and suggest strategies to minimize delays or preserve eligibility during long waiting periods.
The Visa Bulletin, published monthly by the U.S. Department of State, controls when foreign nationals can move forward with the final stage of their Green Card application. Each applicant receives a priority date (usually the date their PERM or I-140 was filed), and the Visa Bulletin shows which priority dates are “current” for each employment-based category and country. If your priority date is earlier than the date listed in the bulletin for your category, you may file for adjustment of status or complete consular processing.
Delays occur when there are more qualified applicants than available visa numbers in a particular category or country. For example, applicants from nations with heavy immigration demand often face multi-year backlogs before their dates become current. Your lawyer can monitor these changes, explain when you’re eligible to take the next step, and help you maintain lawful status while you wait.
The PERM Labor Certification process is one of the most complex parts of employment-based immigration, and even small mistakes can result in costly denials or delays. An immigration attorney guides the employer through each step, including:
Drafting a compliant job description
Determining the prevailing wage
Advising on the mandatory recruitment process
Ensuring all documentation meets Department of Labor (DOL) requirements
The attorney verifies that the offered wage and job duties align with DOL standards to prevent audit triggers or rejections.
Beyond the PERM Labor Certification process itself, your attorney can continue to add value by preparing the ETA Form 9089, reviewing recruitment results for compliance, and keeping the case on schedule to avoid the expiration of key filings.
With our legal guidance, employers can reduce the risk of errors and complete the process efficiently, paving the way for a successful I-140 filing and, ultimately, the employee’s green card.