Employment-based green cards / Permanent Residence
Employment-based immigration allows U.S. employers and foreign professionals to work together through both temporary work visas and employment-based green card processes. These pathways may support short-term employment needs, long-term workforce planning, or permanent residence in the United States.
Haranlaw assists employers, professionals, entrepreneurs, and highly skilled workers with strategic planning across the full spectrum of employment-based immigration matters. Based in Carmel and serving Indianapolis and clients nationwide, the firm provides guidance from initial visa strategy through permanent residence when appropriate.
Employment-based immigration generally falls into two broad categories:
Appropriate path depends upon the employer’s needs, the foreign national’s qualifications, timing considerations, and long-term immigration goals. In many cases, temporary status and permanent residence planning must be coordinated carefully from the outset.
U.S. employers often use temporary work visa classifications to fill specialized or short-term workforce needs. These nonimmigrant visa (NIV) options may also serve as part of a longer-term immigration strategy.
Haranlaw assists with a range of employment-based nonimmigrant matters, including:
O-1 Individuals of extra-ordinary ability
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TN professionals under USMCA
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Other employment authorized classifications
Strategic planning is often critical, particularly where a case may later transition to permanent residence.
For employers and professionals seeking long-term workforce stability, employment-based permanent residence may be available through several preference categories.
These commonly include:
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EB-1 priority workers
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PERM labor certification processes
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Adjustment of status and immigrant visa processing
Because the employment-based green card process is complex and involves multi-stage processing, early planning during the nonimmigrant phase can be important.
Strategic considerations for Employers and Professional Individuals
Employment-based immigration matters frequently involve overlapping regulatory, timing, and documentation issues. Common considerations may include:
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Maintaining nonimmigrant status
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Timing of H-1B cap filings
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PERM recruitment and prevailing wage requirements
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Visa bulletin movement
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Priority date considerations
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Portability and job changes
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Compliance and recordkeeping obligations
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Possibility of 245k waiver for status violation concerns
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CSPA protection for aging children losing ability to immigrate with parents
Thoughtful case strategy can help reduce delays and support long-term immigration goals.
How Haranlaw can help
Haranlaw provides employment-based immigration services to businesses and professionals in Carmel, Indianapolis, Fishers, and throughout Indiana, while also representing employers and individuals nationwide in federal immigration matters.
The firm works with any type of industry:
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Small and mid-sized businesses
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Healthcare employers
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Technology companies
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Entrepreneurs and investors
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Highly skilled professionals
Each matter is evaluated based on the client’s specific workforce needs and immigration objectives.
Work Visa
Visa is government permission to enter a country and is normally obtained at the Consulate.
Grant of a U.S. visa is not an assurance that the foreign national will be allowed to enter the United States. The immigration officer at the port of entry makes the ultimate decision whether the foreign national should be granted permission to enter.
Non-immigrant visas are for a short period and for specific purpose depending upon why someone wants to come to U.S.
The following are some of the work based visa Haranlaw can help with:
O-1 Individuals of extra-ordinary ability
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TN professionals under USMCA
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Other employment authorized classifications
EB5: Investors -
entrepreneurs investing $ 1 million or $500K in a targeted employment area (TEA), in a new business employing 10 workers are eligible for permanent residence. This money should be placed at risk in a viable business.
Upon approval the investor receives a two-year conditional green card. Conditional status is removed and regular permanent residence status with a ten year green card is granted when USCIS determines that the investment created 10 jobs and the business is doing well.
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Conditional permanent resident must apply towards the end of the two years for removal of condition.
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This permanent residence category is targeted to draw in risk taking people and explains why it carries burdensome requirements.
Applicants monitoring visa movement may also review the interfiling employment-based green card strategy.
AC-21 Porting: changing jobs or employer pending decision of permanent residence application.
FAQ
When to apply for permanent residence?
New Decision: Who could claim porting?
Employers can now rightfully question error in adjudicating the prior employer's I-140 petition although this affects the foreign national employee's ability to port the earlier priority date.