Green Cards for Employers
Santa Ana, California
Employment-Based Green Cards Under the EB-1, EB-2, and EB-3 Preference Categories
Fontes Law Group helps employers sponsor foreign workers for lawful permanent residence, guiding each case toward the employment-based preference category that fits the position and the candidate.
Serving Clients in Santa Ana
Not every employment-based green card follows the same path.
Some positions move forward without any labor market test at all. Others require months of recruitment and a certified labor certification before the first immigrant petition can even be filed.
Fontes Law Group immigration attorneys helps employers understand which category fits a given role, what evidence will be required, and how to avoid the errors that most often trigger delays.
Whether you are sponsoring your first employee or managing a pipeline of foreign talent across multiple roles, our team reviews your company’s structure, the position itself, and the candidate’s background to chart the most direct path available.
We serve employers from our Santa Ana and Riverside offices, and our team is fully bilingual in English and Spanish.
The Employment-Based Preference System
Federal law divides employment-based immigrant visas into preference categories under 8 U.S.C. Section 1153(b).
Approximately 140,000 employment-based immigrant visas are available each fiscal year, divided among five preference categories, according to USCIS. This page focuses on the three categories most employers use to sponsor a specific employee: EB-1 priority workers, EB-2 professionals and persons of exceptional ability, and EB-3 skilled workers, professionals, and other workers.
Why Clients Choose Fontes Law Group
Experience. Compassion. Results.
At Fontes Law Group, we combine decades of legal experience with a client-first approach. Our immigration attorneys understand how overwhelming and uncertain the U.S. immigration process can be. Whether you’re applying for a green card, sponsoring a loved one, seeking U.S. citizenship, or navigating another immigration matter, we guide you through every step with clarity, compassion, and strong advocacy.
Clients choose Fontes Law Group because we offer:
- Proven success handling family-based immigration, green cards, fiancé visas, citizenship, and other immigration matters
- A bilingual legal team serving clients in English and Spanish
- Office locations in Santa Ana and Riverside
- No fees for your initial consultation
- A trusted reputation among individuals and families across Southern California
Meet Family Law Attorney
Catherine J. Navarro
Let’s Discuss Your Family Law Matter
EB-1 Green Card for Priority Workers
The EB-1 category covers three types of priority workers: individuals of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
No labor certification is required for any EB-1 subcategory, which generally makes it the fastest employment-based path when the underlying evidence is strong.
Basic Requirements
- Extraordinary ability candidates must show sustained national or international acclaim, generally by meeting at least three of ten regulatory criteria or through a major, internationally recognized award; this subcategory allows self-petitioning without an employer
- Outstanding professors and researchers must show international recognition in a specific academic field, at least three years of teaching or research experience, and an offer of a permanent tenured or tenure-track teaching or research position
- Multinational executives and managers must have worked abroad for a qualifying entity for at least one year, and the U.S. employer must have a qualifying relationship with that foreign entity and have done business for at least one year
- Except for the extraordinary ability self-petition, the employer files Form I-140, Immigrant Petition for Alien Worker
EB-2 Green Card for Professionals and Persons of Exceptional Ability
The EB-2 category covers members of the professions holding an advanced degree and individuals of exceptional ability in the sciences, arts, or business.
Most EB-2 cases require a job offer and a Department of Labor labor certification, though a national interest waiver can excuse both requirements in certain cases.
Basic Requirements
- Advanced degree professionals need a U.S. master’s degree or higher, or a U.S. bachelor’s degree plus five years of progressive experience in the specialty
- Persons of exceptional ability must meet at least three of six regulatory criteria showing a degree of expertise significantly above what is ordinarily encountered in the field
- The underlying job generally requires a certified labor certification, and the employer must demonstrate the ability to pay the offered wage
- A national interest waiver can excuse the job offer and labor certification requirement where the petitioner shows the proposed endeavor has substantial merit and national importance, the petitioner is well positioned to advance it, and waiving the requirements benefits the United States on balance, per the USCIS Policy Manual
EB-3 Green Card for Skilled Workers, Professionals, and Other Workers
The EB-3 category covers skilled workers, professionals, and other workers.
Unlike EB-1, every EB-3 case requires a job offer supported by a Department of Labor labor certification.
Basic Requirements
- Skilled workers need at least two years of training or experience, and must meet any additional requirements of the specific job opportunity
- Professionals need at least a U.S. bachelor’s degree or the foreign equivalent, and the job itself must require a bachelor’s degree at minimum
- Other, or unskilled, workers need less than two years of training or experience; this subcategory is capped at 10,000 visas per year
- The employer must obtain a certified labor certification and demonstrate the ability to pay the offered wage
The PERM Labor Certification Process
Most EB-2 and all EB-3 cases require the employer to complete the PERM labor certification process before filing an immigrant petition.
The employer requests a prevailing wage determination, conducts a period of recruitment to test whether qualified U.S. workers are available, and then files Form ETA-9089 with the Department of Labor.
Once the labor certification is approved, the employer generally has 180 days to file the resulting immigrant petition with USCIS.
Filing the Immigrant Petition and Adjusting Status
The employer files Form I-140, Immigrant Petition for Alien Worker, supported by the certified labor certification where one is required, along with evidence of the employer’s ability to pay the offered wage.
If a visa is immediately available under the Department of State’s Visa Bulletin, the employee may file Form I-485, Application to Register Permanent Residence or Adjust Status concurrently with the I-140 or after it is approved, according to USCIS. If the employee is outside the United States, the case instead proceeds through consular processing.
Speak With a Santa Ana Employment Immigration Attorney
If you are ready to sponsor an employee for a green card, or you need help identifying the right category for a specific role, Fontes Law Group can help.
Call our Santa Ana office at 714-571-0738 to schedule your free initial consultation.
Helpful Resources
USCIS: Permanent Workers
USCIS: Employment-Based Immigration, First Preference EB-1
USCIS: Employment-Based Immigration, Second Preference EB-2
USCIS: Employment-Based Immigration, Third Preference EB-3
USCIS: Form I-140, Immigrant Petition for Alien Worker
USCIS: Form I-485, Application to Register Permanent Residence or Adjust Status
U.S. Department of Labor: Permanent Labor Certification
U.S. Department of State: The Visa Bulletin
USCIS: Case Status Online
USCIS: Processing Times
FAQs About Employment-Based Green Cards
Q: Which employment-based category is fastest?
EB-1 generally moves fastest because it requires no labor certification and, for two of its three subcategories, no lengthy recruitment process. However, the fastest category on paper is only useful if the employee actually qualifies, so the right starting point is confirming eligibility rather than choosing a category based on speed alone.
Q: Can an employee self-petition without an employer?
Only in limited circumstances. Individuals of extraordinary ability under EB-1A can self-petition, and EB-2 candidates seeking a national interest waiver can also self-petition. Every other employment-based category in this group requires a sponsoring U.S. employer.
Q: Does every EB-2 case require a labor certification?
No. A national interest waiver can excuse the job offer and labor certification requirement for qualifying advanced degree professionals or persons of exceptional ability, provided the proposed endeavor meets the standards described in USCIS’s Policy Manual.
Q: How long does the PERM process take?
Timelines vary based on Department of Labor workload and whether the application is audited. Current processing information is published on the Department of Labor’s website, and our attorneys can help set expectations based on your specific case.
Q: Can the employee's family be included?
Yes. A worker’s spouse and unmarried children under 21 may generally apply for green cards along with the principal applicant once the underlying petition is approved and a visa is available.
Q: What happens if the employee changes jobs while the case is pending?
Depending on the stage of the case and how long the Form I-485 has been pending, certain job or employer changes may be permitted under portability provisions in federal law. These situations are fact-specific, so it is important to review any planned change with an attorney before it happens.