U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include:

• First preference (EB-1) – priority workers

  • Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;

  • Outstanding professors and researchers; or

  • Certain multinational managers and executives.

• Second preference (EB-2) – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers). 

• Third preference (EB-3) – skilled workers, professionals, or other workers.

Blumsack & Canzano
In a world of uncertainty, you and your family may want to maximize their choices—both in terms of lifestyle and opportunities. Whatever your motivation, Blumsack & Canzano always has trusted immigration advisors. We deliver comprehensive solutions and a seamless immigration experience for you, your family, and your advisors around the world.

The experienced immigration lawyers at Blumsack & Canzano provide various legal services to employers, employees, individuals, and families in the Boston area and other areas. Immigration issues are complex, and if they are not handled properly, they may have serious impacts. We have an in-depth understanding of immigration law and are committed to providing customers with comprehensive solutions in all areas of immigration law. 

Related issues may involve other legal proceedings. To discuss the circumstances of a matter, please contact Blumsack & Canzano.

Coordinating related legal issues

For an employer-related application, compare the job, employment records and descriptions in the filing. Employment-based immigration may need coordinated review with wage and working-relationship issues. The USCIS employment-based green-card guidance provides the framework; an employer’s willingness to support a case does not establish that every eligibility requirement has been met.

In a cross-border business arrangement, corporate decisions and personal immigration eligibility require separate review. Corporate structure and employment documents may support the factual record, but do not replace an employment-based eligibility assessment. Use the USCIS employment-based guidance to check whether the category fits the position, experience and business records.

Separate government fees, translation and document costs, and legal-service fees when planning an application. The application category and procedure determine the paperwork involved, while an employment-based case may involve responsibilities shared among different parties. Check the current USCIS fee schedule before filing instead of relying on amounts in an old article or receipt.

Organize identity documents, previous applications and official notices chronologically. Reviewing the filing and status history can reveal inconsistent descriptions; the applicable eligibility category determines which facts need proof. The USCIS green-card application overview provides a starting point, followed by the current instructions for the relevant forms and procedure.

Begin immigration planning by identifying the application basis and distinguishing petition approval, visa issuance and admission. Permanent-residence eligibility requires a review of the full history, while overall status planning should account for dependents and existing proceedings. Use the USCIS green-card categories to identify the relevant route rather than applying one category’s requirements to another.

Personnel issues can affect both business operations and individual rights. Pay, working-time and separation records should be considered alongside the employer’s policies and management arrangements. For federal wage questions, consult the Department of Labor’s FLSA guidance and separately review state requirements. A job title or the label chosen by the parties is not a substitute for examining the facts.

When parties, assets or payments are located in different countries, identify where each relevant event occurred. Cross-border documentation and enforcement may need to be coordinated with foreign-income and tax-residency questions. The IRS international taxpayer resources provide a starting point for the U.S. tax issues, without establishing what another country’s law requires.

Immigration and tax questions should be evaluated separately when a person arrives, departs or changes status. Status and periods of stay are not the same issue as tax residency and filing obligations. Consult the IRS international taxpayer guidance for the tax analysis, and identify which questions require separate professional review before planning work, travel or asset transfers.

Keep originals, provenance and complete translations for documents issued abroad. Cross-border document review may overlap with evidence of immigration eligibility, but the purpose of each record should be clear. Check the relevant USCIS form instructions; acceptance by one institution does not establish that the same document satisfies another application’s requirements.

For a delayed application, organize receipts, evidence requests, inquiries and documented effects of the delay. USCIS delay issues and consular processing problems require agency-specific analysis. The Department of State’s administrative-processing guidance provides consular context, not a promise of a completion date or a particular litigation outcome.

Before considering further proceedings, establish whether the case is awaiting action, requires evidence or has already received a decision. Delay-litigation assessment depends on accurate records, and organizing evidence for litigation helps clarify the requested relief and factual basis. Compare the filing with the relevant USCIS forms and instructions so an unfinished application step is not overlooked.