Employment-based visas
Temporary work visas, intracompany transfers and employment-based green cards for companies and the people they hire.
Overview
U.S. immigration law offers two main kinds of work-based status. Temporary work visas, such as H-1B, H-2B and L-1, let a person work for a set time for a specific employer. Employment-based green cards (EB-1, EB-2 and EB-3) give permanent residence.
Many workers use both. A common path is to start on a temporary visa, then have the employer (or, in some categories, the worker alone) file for a green card. Some people skip the temporary step and go straight to a green card. The right path depends on the job, the person’s education and achievements, the company’s structure, and the person’s country of birth.
Country of birth matters because green card numbers are limited each year, with per-country limits. People born in mainland China or India often wait years for a green card number, even after approval. Planning ahead can help a worker keep lawful status during that wait.
Key building blocks
- A U.S. employer or job offer is needed for most categories. EB-1A and the EB-2 National Interest Waiver (NIW) are the main exceptions, where a person may file for themselves.
- Temporary visas usually need an approved employer petition on Form I-129 from USCIS, and then a visa stamp at a U.S. consulate or a change of status in the U.S.
- H-1B and H-2B require a Department of Labor (DOL) filing first: a Labor Condition Application for H-1B, or a temporary labor certification for H-2B.
- Most EB-2 and EB-3 green cards require PERM labor certification from DOL, which shows no qualified U.S. worker is available for the job.
- The employer then files Form I-140 with USCIS. EB-1 and NIW cases skip PERM and start at the I-140.
- Final green card approval depends on the Visa Bulletin. When the person’s priority date is current, they may file Form I-485 in the U.S. or apply for an immigrant visa abroad.
- Temporary visas have time limits: generally 6 years for H-1B, 7 years for L-1A and 5 years for L-1B. H-1B can be extended past 6 years in some green card cases.
How we help
Employers
- H-1B and H-2B petitions
- L-1A and L-1B intracompany transfers
- EB-1, EB-2 and EB-3 petitions
Employer support
- Coordinating visa strategy with company structure
- H-1B registration and petition calendar
- Bilingual guidance for owners, HR and staff
More ways we help
- Map a step-by-step plan from temporary visa to green card, with key dates
- Coordinate the DOL, USCIS and consular filings so deadlines line up
- Review options for workers born in China who face long green card waits
- Explain each step to workers and employers in English or Mandarin
Explore employment visas
EB-1 priority workers
Extraordinary ability, outstanding researchers, multinational executives.
How the process works
Assess the options
Review the job, the worker’s education and record, the company’s structure and ties abroad, and the country of birth to identify the lawful paths that may be available.
Secure temporary status (if needed)
File the DOL step and the I-129 petition for H-1B, H-2B or L-1, then obtain a visa or change of status.
Form: ETA-9035 or ETA-9142B; I-129Timing: Varies by category; premium processing is available for many I-129 cases
Start the green card: PERM or direct I-140
For most EB-2 and EB-3 cases, the employer completes the PERM process with DOL. EB-1 and NIW cases go directly to USCIS.
Form: ETA-9141, ETA-9089Timing: PERM often takes well over a year in 2026
File the immigrant petition
The employer (or the worker, for EB-1A or NIW) files Form I-140. Approval locks in the priority date in most cases.
Form: I-140Timing: Premium processing: 15 business days for most classifications; 45 business days for EB-1C and NIW
Wait for the priority date
Check the monthly Visa Bulletin and USCIS’s chart choice to see when the person may file the final step.
Timing: Current for some countries; several years for China- and India-born workers in some categories
Adjust status or consular process
File Form I-485 in the U.S., or complete immigrant visa processing through the National Visa Center and a U.S. consulate.
Form: I-485 (with I-765 and I-131 if desired) or DS-260
Documents to gather
- Passport and current U.S. immigration documents (I-94, visa, prior approval notices)
- Degrees, transcripts and any foreign credential evaluation
- Resume and experience letters from past employers
- Job offer letter and detailed job description
- Company documents: formation papers, organization chart, tax returns or financial statements
- Records showing the relationship between U.S. and foreign companies (for L-1 or EB-1C)
- Evidence of achievements for EB-1 or NIW: awards, publications, citations, letters
- Birth certificates and marriage certificate for family members
Common problems to avoid
- Waiting too long to start a green card case, so the worker runs out of H-1B or L-1 time.
- Picking a category that does not fit the real job duties or the worker’s actual record.
- Letting temporary status lapse while a green card case is pending.
- Changing jobs at the wrong time, which can reset the green card process.
- Filing an incomplete case. Since August 2026 USCIS may deny without first asking for more evidence.
- Relying on old fee or processing-time figures, which change often.
What has changed lately
USCIS updated its Policy Manual so officers may deny a filing without first sending a Request for Evidence or Notice of Intent to Deny when required evidence is missing. This applies to cases pending or filed on or after August 5, 2026.
Premium processing fees rose on March 1, 2026. The fee is now $2,965 for Form I-140 and for most I-129 classifications (including H-1B and L-1), and $1,780 for H-2B.
In the September 2026 Visa Bulletin, EB-2 was current for most countries, but China-born applicants faced final action dates of July 1, 2023 (EB-1), September 1, 2021 (EB-2) and January 1, 2022 (EB-3). Dates change monthly.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
Do I need a job offer to get a work-based green card?
Usually yes. The main exceptions are EB-1A (extraordinary ability) and the EB-2 National Interest Waiver, where you may file for yourself. Even then, you must show you plan to keep working in your field in the U.S.
Can I apply for a green card while on an H-1B or L-1?
Yes. H-1B and L-1 allow ‘dual intent,’ so seeking a green card generally does not hurt your temporary status. Many workers start the green card while on one of these visas.
Why do people born in China wait longer?
The law caps how many green cards go to people from any one country each year. Because demand from China is high, China-born applicants often have earlier cutoff dates in the Visa Bulletin. Your country of birth, not your citizenship, usually controls.
What is a priority date?
It is your place in line. For PERM cases, it is usually the date DOL received the labor certification. For EB-1 and NIW, it is the date USCIS received the I-140.
Can my spouse and children come with me?
Generally yes. Spouses and unmarried children under 21 may get dependent status (such as H-4 or L-2) and may be included in the green card case. Work permission rules for spouses differ by category.
What happens if I lose my job?
It depends on your status and how far along your case is. Many workers have a grace period of up to 60 days to find a new sponsor or change status. Some green card applicants may be able to move to a new job under AC21 portability rules.
- USCIS: Working in the United States
- USCIS: Permanent Workers
- USCIS Policy Manual, Volume 6, Part F (Employment-Based Immigration)
- U.S. Department of State: Visa Bulletin
- USCIS Policy Alert: Evidentiary Standards (Aug. 5, 2026)
- Federal Register: Adjustment to Premium Processing Fees (Jan. 12, 2026)
- DOL: Foreign Labor Certification
- USCIS: How Do I Request Premium Processing?
Information current as of September 2026. General information only, not legal advice.
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General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.