Employment & Business Immigration

If a company wants to hire or keep a foreign national worker, or a skilled professional wants to build a career and eventually a green card in the United States, the path runs through employment-based immigration. American Dream Advocacy Group, PLLC helps both sides of that relationship. We represent professionals in tech, engineering, healthcare, research, and management, and we represent the small and mid-sized DFW employers who sponsor them.

Lincy Thomas has practiced immigration law since 2008 and works directly with each client, so you are not handed off to a caseworker. Whether you are looking at a first H-1B, moving from a temporary visa to a permanent green card, or you own a business trying to sponsor a key employee without missing a deadline, we map out the realistic options and handle the filings with USCIS and, when needed, the Department of Labor and U.S. consulates.

Employment-based green card categories

Permanent residence through work is organized into preference categories, and the right one depends on your degree, job, and how the employer plans to sponsor you. Choosing the correct category early matters, because each has different requirements, different waiting times, and different steps.

• EB-1 for individuals of extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives. Some EB-1 paths do not require a job offer or labor certification.
• EB-2 for professionals holding an advanced degree or with exceptional ability. This category includes the National Interest Waiver (NIW), which can let you self-petition and skip the employer and labor certification steps when your work benefits the country.
• EB-3 for professionals with a bachelor's degree, skilled workers, and certain other workers. This usually requires an employer and labor certification.
• Because availability depends on your category and country of birth, we check the current Visa Bulletin with you so you understand the likely timeline before you commit to a strategy.

PERM labor certification and Form I-140

Most EB-2 and EB-3 green cards start with PERM labor certification. In plain terms, the employer must test the U.S. job market by recruiting for the position and showing the Department of Labor that no qualified, willing U.S. worker was available at the required wage. PERM is detailed and unforgiving of small errors, so the recruitment steps, prevailing wage determination, and documentation need to be handled carefully from the start.

Once PERM is certified (or when the category does not require it, such as EB-1 or an EB-2 NIW), the employer or the individual files Form I-140, the Immigrant Petition for Alien Workers. The I-140 establishes the underlying eligibility and, importantly, sets your priority date, which is your place in line for a green card.

Common work visas: H-1B, L-1, O-1, TN, E-2

Many people work in the United States for years on a temporary (nonimmigrant) visa before or instead of pursuing a green card. The best fit depends on your role, nationality, and the employer's situation. We advise on which category actually matches your facts rather than forcing you into a popular one.

• H-1B for specialty occupations that normally require at least a bachelor's degree in a specific field. New H-1Bs are usually subject to an annual lottery and cap, so timing and backup plans matter.
• L-1 for employees transferring from a related company abroad to a U.S. office, either as a manager or executive (L-1A) or in a specialized-knowledge role (L-1B).
• O-1 for individuals with extraordinary ability or achievement in science, business, the arts, education, or athletics.
• TN for qualifying Canadian and Mexican professionals under the USMCA agreement, for a defined list of occupations.
• E-2 for nationals of treaty countries who invest a substantial amount in a U.S. business they will direct and develop, which fits many entrepreneurs and small business owners.

Representing both employers and workers, and finishing at the right place

For employers, especially smaller DFW businesses without an in-house legal team, we prepare the petition, keep you compliant with wage and posting requirements, calendar the renewal and extension deadlines, and respond to any Request for Evidence. For the worker, we keep your status protected, track your priority date, and plan the move to permanent residence when the time is right.

The final step to a green card happens one of two ways. If you are already in the United States in valid status and a visa number is available, you may adjust status by filing Form I-485, often alongside a work permit (Form I-765) and travel document (Form I-131). If you are abroad, you complete the process through consular processing at a U.S. consulate. We help you pick the route that fits your travel needs, family situation, and timing.

How an employment case comes together

1. Strategy consultation

   In a free initial consultation we review your role, degree, employer, and country of birth, then lay out which visa or green card categories realistically fit and roughly how long each may take.

2. Choose the category and prepare

   We select the strongest category (for example H-1B, L-1, an EB-2 NIW, or PERM-based EB-2/EB-3) and gather the evidence, letters, and job details needed to support it.

3. Labor certification, if required

   When your path needs PERM, we handle the prevailing wage request and recruitment steps for the employer and build a clean, well-documented file for the Department of Labor.

4. File the petition

   We prepare and file the nonimmigrant petition or the Form I-140 with USCIS, respond to any Request for Evidence, and keep both the employer and the worker updated as it moves.

5. Get to permanent residence

   Once a visa number is available, we file for adjustment of status (Form I-485) or guide you through consular processing abroad, so you finish at the green card and, later, can consider naturalization.

Common questions about work-based immigration