Headman Law Group represents Employment Immigration clients in Miami — for international professionals and entrepreneurs in South Florida. U.S. immigration law is federal, so we guide Miami-area clients through the same proven process we use nationwide — most steps handled by video and secure document exchange, with no need to visit an office.
What Is Employment-Based Immigration?
Employment-based immigration is the set of pathways that let foreign nationals work in the United States temporarily or settle permanently on the basis of a job, exceptional talent, intracompany transfer, or investment. The right category depends on your qualifications, your employer's plans, and how quickly you need to be in the U.S.
Temporary (nonimmigrant) work visas such as the H-1B, O-1, and L-1 authorize a defined period of employment, often as a bridge while a green card is pursued. Permanent (immigrant) categories — EB-1, EB-2 including the National Interest Waiver, and EB-3 — lead to a green card, frequently after a labor-certification step known as PERM.
Some categories let you self-petition without an employer — most notably EB-1A for extraordinary ability and the EB-2 National Interest Waiver. We map your profile to the strongest available category and sequence the filings to minimize total time to a green card.
How We Help
We advise both employers and individuals across the full employment-immigration lifecycle.
- Selecting the optimal category for your profile and timeline.
- Preparing H-1B, O-1, and L-1 petitions and extensions.
- Running the PERM labor-certification process end to end.
- Filing EB-1, EB-2 NIW, and EB-3 immigrant petitions.
- Sequencing I-140 and I-485 to avoid status and work gaps.
- Responding to Requests for Evidence with targeted documentation.
Main Employment Categories
Each category has its own bar, timeline, and employer requirements. The descriptions below summarize who each option fits best.
EB-1A — Extraordinary Ability
A first-preference green card for individuals with sustained national or international acclaim in the sciences, arts, education, business, or athletics. No employer sponsorship or labor certification required — applicants self-petition. See our dedicated EB-1A page for full eligibility criteria.
EB-1B — Outstanding Professors & Researchers
A first-preference category for professors and researchers recognized internationally as outstanding in an academic field, with a qualifying job offer from a U.S. university or research employer. No PERM required.
EB-2 NIW — National Interest Waiver
A second-preference green card for those with an advanced degree or exceptional ability whose work has substantial merit and national importance. The job-offer and PERM requirements are waived in the national interest, allowing a self-petition.
EB-3 — Skilled Workers & Professionals
A third-preference green card for skilled workers, professionals with a bachelor's degree, and certain other workers, sponsored by a U.S. employer through PERM labor certification.
H-1B — Specialty Occupation
A temporary work visa for jobs requiring at least a bachelor's degree in a specific field. Subject to an annual cap and lottery for most employers; cap-exempt for qualifying universities and nonprofits.
O-1 — Individuals of Extraordinary Ability
A temporary visa for individuals with extraordinary ability in the sciences, education, business, athletics, or the arts, supported by a U.S. employer or agent. Often used as a bridge toward EB-1A.
L-1 — Intracompany Transferee
A temporary visa for executives, managers (L-1A), or specialized-knowledge employees (L-1B) transferring from a related company abroad to a U.S. office, including new-office setups.
The Employment Green-Card Process
Most permanent employment paths follow these stages. Categories that allow self-petition or are PERM-exempt skip the labor-certification step.
Strategy & Category Selection
We assess your qualifications, your employer's needs, and your priority date prospects to choose the best category and filing order.
PERM Labor Certification (if required)
For EB-2 and EB-3 cases without a waiver, the employer tests the U.S. labor market and files PERM with the Department of Labor to certify no qualified U.S. worker is available.
I-140 Immigrant Petition
We file Form I-140 with USCIS to establish the category and the beneficiary's eligibility, with a legal brief and supporting evidence.
Adjustment or Consular Processing
Once the priority date is current, we file Form I-485 to adjust status inside the U.S., or proceed with consular processing at a U.S. embassy abroad.
Common Supporting Documents
The exact set varies by category, but most employment cases draw on the following.
Beneficiary
- Passport biographical page
- Current immigration status documents and I-94
- Detailed CV / résumé
- Diplomas, transcripts, and credential evaluations
- Awards, publications, and professional recognitions
Employer / Petitioner
- Job offer or employment letter
- Detailed job description and minimum requirements
- Company financials or ability-to-pay evidence
- PERM recruitment records (where applicable)
Supporting Evidence
- Expert or reference letters
- Citation and impact reports (for talent categories)
- Prior approval notices and visa stamps
Frequently Asked Questions
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