Employment-Based Permanent Residency Immigration Lawyer
Getting permanent residency through employment is one of the most complex areas of immigration law. Employment-based green cards involve intricate preference categories, labor certification processes, and constantly changing regulations that can even confuse experienced professionals. At Kent Pincin, our immigration attorney experienced in employment-based immigration provides the expertise to guide foreign nationals and employers through the complex legal process.
Employment-Based Immigration Categories
The employment-based visa process operates through five different preference categories, each with its own requirements and annual limits. First preference (EB-1) is for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives and managers. This category allows self-petition in certain circumstances, eliminating the need for employer sponsorship.
The second preference (EB-2) is for foreign workers with advanced degrees or exceptional ability. Many in this category pursue a national interest waiver, which exempts them from the labor certification requirement when their work is deemed in the national interest of the United States. Third preference (EB-3) is for skilled workers, professionals with bachelor’s degree qualifications, and unskilled workers, the most common pathway for permanent employment-based immigration.
The fourth preference is for special immigrants, including religious workers from specific religious denomination backgrounds, and the fifth preference is for immigrant investors who meet the substantial capital requirements.
Labor Certification Process
For most employment-based green card applications, the labor certification process is the first step. This Department of Labor process ensures that no qualified U.S. workers are available for the position and that hiring foreign nationals will not harm the working conditions or wages of U.S. workers. The process requires employers to conduct extensive recruitment campaigns and obtain prevailing wage determinations.
Our immigration attorneys guide employers through the complex labor certification process, ensuring compliance with the detailed regulations and avoiding common mistakes that can lead to denial or delays. The legal team manages recruitment documentation, prepares government forms, and coordinates with employers and foreign workers throughout this long process.
Strategic Visa Process Planning
Successful employment-based immigration requires meticulous planning, from the initial consultation through to final approval. Immigration attorneys evaluate each client’s situation to determine the best preference category and develop a comprehensive timeline, taking into account priority date and retrogression.
For clients from high-demand countries such as India and China, attorneys develop alternative strategies to minimize wait times, including cross-chargeability through family members or national interest waiver applications, as applicable. The constantly changing nature of immigration law requires attorneys to stay current with the latest developments in processing times and eligibility requirements.
Employer Sponsorship and Business Compliance
Employers sponsoring foreign workers for permanent residency have significant compliance obligations throughout the immigration process. Immigration attorneys educate businesses on their responsibilities, from maintaining ability-to-pay documentation to handling audits and responding to requests for evidence.
The legal team helps multinational managers and executives with EB-1C petitions, demonstrating the qualifying relationship between U.S. and foreign entities. For outstanding professors seeking academic positions, attorneys prepare compelling case documentation highlighting research contributions and international recognition.
Immigrant Visa Petitions
The immigrant visa petition (Form I-140) is a critical step in the employment-based green card process. Immigration attorneys prepare comprehensive petitions showing both the foreign national’s qualifications and the employer’s ability to support the permanent job offer. This stage requires attention to detail, as insufficient documentation often results in requests for evidence or denials.
For professionals in the exceptional ability or extraordinary ability categories, our attorneys develop detailed portfolios that showcase achievements, publications, and industry recognition. The immigration process requires presenting evidence in formats that demonstrate eligibility under specific regulatory criteria.
Adjustment of Status and Consular Processing
Once immigrant visa numbers become available based on priority dates, foreign nationals can adjust their status if they are in the United States or process their application through consular processing abroad. Immigration attorneys guide clients through either process, preparing applications and supporting documentation.
The legal team coordinates with family members included in applications, addressing employment authorization for spouses and managing timing issues when changing employers during the pending application process. This phase often involves dual intent considerations for individuals maintaining temporary work visas while pursuing permanent residency.
Meet Our Immigration Attorney
Anna Oguntimein
Anna is a New York licensed attorney who was inspired to pursue law while working as a schoolteacher educating immigrant students. Being an immigrant herself, she understood the difficulties they faced and wanted to broaden her advocacy for them beyond the classroom walls.
Anna began her legal career in New York City representing children, survivors of domestic violence and victims of crime seeking humanitarian relief before United States Citizenship and Immigration Services and the Immigration Court. She also has extensive experience representing detained immigrants in removal proceedings and bond hearings. She is well-versed in criminal immigration issues and has advised criminal defense attorneys on negotiating plea deals to mitigate the immigration consequences in their clients’ cases. Anna’s most rewarding work, however, has been successfully defending HIV positive clients in removal proceedings so they could remain in the U.S. and have access to life saving medication.
Anna has a keen interest in the intersection of immigrant and employee rights. She has joined KENT | PINCIN to spearhead the immigration practice and handle pre-litigation matters at the firm. Anna strives to provide compassionate advocacy because she believes it empowers clients to exercise their rights and assert agency in their own lives.
When Anna isn’t practicing law, she enjoys spending time with her family, doing arts and crafts with her kids, and taking long walks on the beach.
Specialized Services for Complex Cases
The employment-based immigration attorneys at Kent Pincin offer unique services for special situations that require expert handling. Seasonal workers in specific industries may be eligible for targeted programs, while religious workers from particular religious denomination backgrounds pursue specialized immigrant categories.
For foreign workers in rapidly changing fields, attorneys assess changing job requirements and ensure continued eligibility throughout multi-year processes. The team assists with employment authorization renewals and addresses complications from corporate restructuring or business changes.
Benefits of Professional Legal Representation
The employment-based visa process demands professional legal guidance to avoid costly mistakes and maximize success. Immigration attorneys have up-to-date knowledge of preference category requirements, processing procedures, and regulatory changes that affect applications.
Immigration services include case evaluation, strategic planning, document preparation, and ongoing communication with government agencies. The legal team advocates for clients during audits, responds to requests for evidence, and pursues appeals when necessary. Professional representation is even more valuable given the time and resources invested in employment-based green card applications. Immigration attorneys help clients understand realistic timelines, potential pitfalls, and alternative solutions when circumstances change.
Keeping Up with Immigration Law Changes
Immigration law is constantly evolving, and attorneys must stay current with regulatory updates, policy memoranda, and case law developments that impact employment-based applications. In recent years, we have seen significant changes in processing procedures, priority date movements, and eligibility interpretations.
Our immigration attorneys stay current with visa bulletin updates, priority date retrogression patterns, and emerging trends in government processing. This allows for proactive case management and strategic adjustments to achieve the best possible outcome.
Caring for our Clients
Full Service Immigration Solutions
Kent | Pincin offers full-service solutions for all employment-based immigration needs. From initial temporary work visas to permanent residence and eventually citizenship, the legal landscape requires long-term planning.
The immigration process goes beyond individual applications to encompass business immigration strategies, family-based considerations, and career development planning. Our immigration attorneys provide full-service solutions that address multiple immigration goals at once.
For businesses and foreign nationals seeking permanent residence through employment, working with experienced immigration attorneys increases success, reduces risk, and delays. The intersection of labor certification, immigrant petitions, and visa processing is complex and requires professional expertise to navigate in today’s immigration environment. Call us today at (310) 376-0922 or fill out our contact form to see how we can help.
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