The EB-1, EB-2, and EB-3 categories make it possible to obtain permanent residence through employment, professional achievements, or a job offer. Choosing the right category from the start is the most important decision, and this is where an attorney analyzes your profile, with degrees, experience, publications, and positions, and compares it with each requirement. The guide covers EB-2 with or without a NIW and is aimed at professionals, researchers, executives, and companies in Florida.
- An attorney compares your profile with the requirements of each category.
- The guide covers EB-1, EB-2 with or without a NIW, and EB-3.
- Employment petitions are filed with federal agencies, regardless of the city.
- Requirements and visa availability change over time.
Introduction
The EB-1, EB-2, and EB-3 employment-based immigrant visas make it possible to obtain permanent residence through work, professional achievements, or a job offer. This guide is aimed at professionals, researchers, executives, workers, and companies in Florida who want to understand which category may fit their profile and how the general process works. If you would like to speak with us, call 1-844-YO-PELEO or contact us.
Choosing the right category from the start is the most important decision in the case, and it is where an immigration attorney contributes the most. We serve professionals and companies across Florida from our office in Orlando and by video call, in Spanish and English. Because employment petitions are filed with federal agencies, it does not matter in which city in Florida you or your company are located.
This article is general information and does not constitute legal advice. The categories, requirements, and visa availability change over time, and each case depends on the specific evidence. Use it to prepare your questions and always verify the current USCIS instructions.
What EB-2 visa attorneys and attorneys for the other employment categories do
An employment-based residence case is not just filling out forms. The attorney's work includes:
- Analyzing your profile (degrees, experience, publications, positions, company) and comparing it with the requirements of each category.
- Deciding whether the case needs a labor certification (PERM) from the Department of Labor or whether it can be avoided.
- Preparing the Form I-140 petition with the evidence organized and explained.
- Planning the final step: adjustment of status in the United States (I-485) or consular processing abroad.
- Responding to requests for additional evidence (RFEs) if USCIS sends them.
You can learn more about our work with employers and workers on the page for work visas and employment-based residence. In many cases the employer is the one who files the petition, so part of the work consists of coordinating with the company, with human resources, and with the person who will be sponsored.
EB-1: extraordinary ability, researchers, and executives
The EB-1 category has three subgroups, and an attorney first identifies which one applies:
- EB-1A, extraordinary ability: for people with sustained national or international acclaim in the sciences, arts, education, business, or athletics. It does not require a job offer and the person can file their own petition.
- EB-1B, outstanding professors and researchers: requires international recognition in an academic field and an offer from a qualifying employer.
- EB-1C, multinational managers and executives: for those who worked outside the United States as a manager or executive of a related company and are coming to fill a similar position here.
In an EB-1C case, special care is taken in reviewing the relationship between the foreign company and the U.S. company (parent, branch, subsidiary, or affiliate), the year of employment abroad within the previous three years, and whether the duties are truly managerial or executive, not just a title on a business card. Many companies that arrive in Florida with an L-1A visa later study this path.
When comparing firms, ask how they build the evidence. In the EB-1A, USCIS first reviews whether certain criteria are met and then makes a final evaluation of the whole, so it is not enough to pile up documents: you have to explain why each piece demonstrates sustained acclaim.
EB-2 and the national interest waiver (NIW)
The EB-2 is for professionals with an advanced degree (a master's or higher, or a bachelor's plus five years of progressive experience) or for people with exceptional ability in the sciences, arts, or business. As a general rule, the employer must complete the PERM process before filing the I-140. An attorney coordinates that process with the company: job description, minimum requirements, recruitment, and prevailing wage.
The alternative is the national interest waiver, known as the NIW. With it, the person can ask that the job offer and the labor certification not be required. USCIS evaluates, in general terms, three points:
- That the proposed work has substantial merit and national importance.
- That the person is well positioned to advance that work.
- That, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
An attorney helps you define the "proposed work" precisely. It is a common mistake to describe it too broadly ("I want to help the economy") or too tied to a single employer. When someone looks for information about the NIW, it is usually an engineer, physician, researcher, or entrepreneur who wants to know whether their background is enough; the answer depends on the specific evidence, not on the profession.
EB-3: skilled workers, professionals, and other workers
The EB-3 covers skilled workers (positions that require at least two years of training or experience), professionals with a bachelor's degree, and other workers for positions that require less preparation. It almost always requires a permanent job offer and PERM certification. Those who handle these cases work closely with the employer, because much of the case depends on the company showing that it can pay the offered wage.
In Florida we see interest in the EB-3 in sectors such as construction, hospitality, health care, and manufacturing. Waiting times depend on the country of birth and on the priority date published in the Department of State's Visa Bulletin, which changes every month. That is why two people in the same category can have very different waits.
How the process works for people living in Florida
The general order is this, although each case may vary:
- Profile evaluation and choice of category (EB-1, EB-2, EB-2 with NIW, or EB-3).
- PERM labor certification with the Department of Labor, if the category requires it.
- Form I-140 immigrant petition with USCIS, with the evidence for the case.
- Waiting for the priority date, when there is a line for your category and country.
- Adjustment of status (I-485) inside the United States or consular processing abroad.
- Interview, if USCIS or the consulate requires it, and final decision.
If you are already in Florida with valid status, such as H-1B, L-1, or O-1, it may be possible to file for adjustment of status when your priority date is current, together with applications for a work permit and travel permission. If you have prior status problems, they must be reviewed beforehand, because they can prevent adjustment even if the I-140 is approved.
Document checklist for an employment-based residence case
- Detailed resume and academic degrees, with a credential evaluation if they are from abroad.
- Letters from employers describing duties and dates.
- Publications, citations, patents, awards, press, or memberships, if applicable.
- For EB-1C: organizational charts of both companies and documents showing the corporate relationship.
- For EB-2 and EB-3 with PERM: job description, minimum requirements, and the company's financial information.
- Your passport, I-94, and any prior approval or denial.
- Birth and marriage certificates, if you will include your spouse and children.
You do not need to have everything for the first consultation. During the review, we identify which pieces are essential and which can be obtained later. If the case combines employment and family, you can also see our page on green cards.
Timelines and what to expect from the process
Timelines at USCIS, the Department of Labor, and the Visa Bulletin change often and depend on the country of birth and the category. That is why we do not give figures in this article: USCIS and the Department of State publish the current information on their official sites, and at the consultation we review what applies to your category and country.
What can be explained is the sequence. In some categories there are several stages with different agencies, and the wait for the priority date can be the longest part. The table summarizes each stage.
| Stage | What happens | Who acts |
|---|
| Evaluation and choice of category | Your profile is compared with the requirements of EB-1, EB-2, and EB-3 | You and the attorney |
| PERM labor certification (if applicable) | The employer demonstrates the recruitment process and the wage for the position | The employer and the Department of Labor |
| Form I-140 petition | The evidence for the chosen category is filed | The employer or you, and USCIS |
| Priority date | The wait until a visa is available, if there is a line | Department of State and USCIS |
| Adjustment of status or consular processing | Residence is requested, with fingerprints, medical exam, and interview if applicable | You, USCIS, or the consulate |
| Final decision | Residence is approved or denied | USCIS or the consulate |
How to respond to a request for evidence (RFE)
In employment cases it is relatively common for USCIS to ask for additional evidence. An RFE is not a denial: it is an opportunity to clarify a point that the agency considers insufficient, such as the level of the degree, the managerial nature of the position, or the merit of the proposed work in a NIW. The letter states what is missing and the deadline to respond, and that deadline cannot be ignored.
The response should be organized point by point, with new documents and a clear explanation of how they meet each criterion. Responding with the same evidence without explaining why it is sufficient rarely helps. An attorney can review the letter, decide what evidence is missing, and prepare a brief that connects each document to the legal requirement.
Job changes and long-term plans
Many people in Florida already work with a temporary status and want to plan for residence without losing their work permit. Changing employers, positions, or companies in the middle of a process can affect the case, so you should talk with an attorney before accepting a new offer. In some cases there are job portability rules when the adjustment of status has been pending long enough, but they have conditions that must be reviewed carefully.
It is also worth thinking about the family. In general, the spouse and unmarried children under 21 can accompany the worker as derivatives. If any of them has their own status problem, it should be reviewed at the same time so that there are no surprises at the final stage of the process.
Sponsorship offers: how to protect yourself
Because employment cases depend on an offer or an employer, they are also a place where scams appear. Be wary of anyone who charges you money to "sell" you a position, who promises a sure green card in exchange for paying an amount to a company, or who asks you to hand over your original passport. A real employer should not charge you for procedures that the law assigns to them, and a legitimate offer describes a position that exists and that you will actually fill.
Before signing an employment contract or accepting sponsorship, ask an attorney to review the offer, the position, and the company. Verify that whoever offers you help is a licensed attorney and that any agreement is in writing. If you have already paid money to someone and have doubts, keep the receipts, the messages, and any contract, and talk with an attorney before taking the next step.
Cost factors and fee breakdown
The cost of an employment case adds up several elements, and each one may be paid by a different person, for example the employer or the worker. It is wise to clarify in writing from the start who pays what.
| Item | Amount | Notes |
|---|
| Attorney fees | Varies by case | Depend on the category, the evidence, and the scope of the service |
| Form I-140 petition | Check USCIS for the current fee | The fee can change; check the current form |
| Adjustment of status (I-485) | Check USCIS for the current fee | May include related applications for a work permit and travel |
| PERM process | Varies by case | Includes recruitment costs, which depend on the employer and the position |
| Credential evaluation and translations | Varies by case | Needed when degrees or documents are from abroad |
In an employer-sponsored case, certain parts of the process must be paid by the company under Department of Labor rules. Ask your attorney and your employer what falls to each party.
Always ask for a written contract explaining what the service includes and what is left out, for example the response to an RFE, the adjustment of status, or the filings for family members.
Common mistakes to avoid
- Choosing a category by its name and not by the real evidence you have.
- Describing the "proposed work" of a NIW too broadly or too tied to a single employer.
- Piling up documents without explaining how each one meets a criterion.
- Changing jobs in the middle of the process without consulting how it affects the case.
- Ignoring a prior status problem, which can prevent adjustment even if the I-140 is approved.
- Moving money or paying a supposed sponsor before an attorney reviews the offer.
- Trusting a promise of approval or of timing; no one can ensure it.
When to call an attorney
Talk with an immigration attorney before accepting a sponsorship offer, before filing a petition on your own, when you receive an RFE or a denial, if your current status is about to expire, or if you have immigration or criminal history that could affect adjustment. A good consultation should end with a clear plan and not with a promise, because no one can ensure that a petition will be approved. Ask any attorney how many categories they consider viable for you and why they rule out the others. Call 1-844-YO-PELEO or schedule a consultation.
About Vasquez Law Firm
Vasquez Law Firm practices only immigration law. Our only office is at 1111 E Amelia Street, in Orlando, and we serve clients in Miami, Tampa, Jacksonville, and the rest of the state by phone and secure video call, with in-person meetings in Orlando. The founder is attorney William J. Vásquez. Consultations are offered in Spanish and English. Call 1-844-YO-PELEO or schedule a consultation.
Sources and references
Related services: work visas, immigration attorneys in Florida
Other ways to search for this help
People search for this help using different words. Related searches: EB2 attorney; EB3 visa attorneys; EB-1 visa attorney; EB-1C visa attorney; attorney for EB-2 NIW visa; EB-1 visa law firm; attorney for EB2 visa; EB2 visa attorney; EB2 NIW visa attorney.
This article is general information, not legal advice. Every case is different; talk with an immigration attorney about your situation.
