Employment Immigration Lawyer in Chicago

What Is Employment-Based Immigration?

Employment-based immigration allows foreign nationals to come to the United States for work, either temporarily or permanently. There are two main tracks:

• Nonimmigrant employment visas: Temporary stays for specific work (H-1B, L-1, TN, E-2, O-1).
• Employment-based immigrant visas (green cards): Lawful permanent residence (EB-1, EB-2, EB-3, EB-4, EB-5).

Most employment green cards require an employer sponsor through the PERM labor certification process. A few categories, such as EB-1A, EB-2 National Interest Waiver, and EB-5, let applicants self-petition without an employer.

At SimVisa, we handle employment immigration from the first step to the last, including visa selection, employer-sponsorship documentation, immigrant petitions, RFE responses, and consular work where needed.

Employment-Based Green Cards (Immigrant Visas)

An employment-based green card gives the holder the right to live and work in the U.S. indefinitely. There are five categories.

EB-1: Priority Workers

The EB-1 visa comes in three distinct varieties:

• EB-1A: Self-petition for individuals with extraordinary ability in the sciences, arts, education, business, or athletics; sustained national or international acclaim must be documented.
• EB-1B: Outstanding professors and researchers with at least three years of teaching or research experience and international recognition; requires a U.S. university or qualifying employer sponsor.
• EB-1C: Multinational executives and managers transferred to a U.S. branch, subsidiary, or affiliate; must have worked abroad for the sponsoring employer for at least one of the prior three years.

EB-2: Advanced Degree or Exceptional Ability

Similar to the EB-1, there are three paths to an EB-2 visa:

• An advanced degree (master's or higher), or a bachelor's degree plus five years of progressive work experience.
• Exceptional ability in the sciences, arts, or business; expertise "significantly above that ordinarily encountered".
• A national interest waiver (NIW), which lets qualified applicants self-petition and skip the labor certification requirement when their work is in the national interest.

Outside of the NIW, the position must clear PERM labor certification.

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

The EB-3 visa also has three separate subcategories, all requiring a full-time U.S. job offer and labor certification, along with specific qualifications:

• Skilled workers: At least two years of training or experience.
• Professionals: A U.S. bachelor's degree (or foreign equivalent), where the degree is the standard minimum for entry into the occupation.
• Other workers: Positions requiring less than two years of training, including those open to certain unskilled and domestic workers.

EB-4: Special Immigrants

Reserved for narrow categories, including religious workers, Special Immigrant Juveniles, certain broadcasters and physicians, members of the U.S. armed forces, and a handful of others. These applications rely on documentation tied to past qualifying service.

EB-5: Immigrant Investors

The EB-5 visa offers investors a path to a green card. The investment thresholds are $1,050,000 standard or $800,000 if the new commercial enterprise is in a targeted employment area (rural or high-unemployment).

The investment must create at least 10 full-time jobs. Approved investors receive a two-year conditional green card. The conditions can be removed by filing Form I-829 within the 90-day window before expiration.

The EB-5 Regional Center program is authorized through September 30, 2027, and petitions filed by September 30, 2026, are grandfathered under current rules.

Nonimmigrant Employment Visas (Temporary Work Visas)

Temporary work visas let foreign nationals work in the U.S. for a defined period, usually tied to a specific employer. They include the following:

• H-1B: Specialty occupations requiring at least a bachelor's degree or equivalent in the field; subject to an annual cap and a lottery (see below).
• L-1: Intracompany transferees; requires one year of qualifying employment with the foreign entity in the past three years.
• E-1: Treaty Traders; for citizens of treaty countries conducting substantial trade between the U.S. and their home country.
• E-2: Treaty Investors; for citizens of treaty countries who invest a substantial amount of capital in a U.S. business that they’ll direct and develop.
• E-3: Australian nationals in specialty occupations.
• TN: Canadian and Mexican professionals under the USMCA; limited to specific listed occupations, such as engineers, accountants, scientists, lawyers, and teachers.
• O-1: Individuals with extraordinary ability in sciences, arts, education, business, or athletics; a useful alternative when H-1B isn't available.
• R-1: Religious workers sponsored by a qualifying U.S. nonprofit religious organization.

SimVisa: Trustworthy Assistance for Employment-Based Immigration

The U.S. immigration system is more closely scrutinized in 2026 than at any point in recent memory. USCIS has expanded vetting, raised fees, and continues to update form editions on short notice. Consequently, mistakes that used to mean a delay can now mean a denial.

That’s why SimVisa is a trusted ally to professionals looking to migrate to the U.S. When you work with us, you’ll receive the following advantages:

• Strategy: We’ll map your situation against current backlogs, your country's priority date, and your employer's appetite for sponsorship and recommend a path that makes sense.
• Petition preparation: We prepare PERM filings, I-140s, I-129s, EAD applications, and other packages with the supporting evidence USCIS now expects on the first review.
• RFE and NOID response: When USCIS asks for more evidence or signals an intent to deny, the response is vital. We've answered hundreds of such responses successfully.
• Employer support: For sponsoring employers, we handle prevailing wage determinations, recruitment compliance, and the back-and-forth with USCIS and DOL.
• Employer switching: If you're on an H-1B or other employer-sponsored visa and need to change jobs, we handle H-1B transfers, AC21 portability, and related timing issues.