San Jose Permanent Work Visa Lawyer

Secure Your U.S. Employment Green Card

Employment-based immigration is typically divided into five categories, each with sub-categories, which will be discussed at length below. Each category is referred to as a numerical preference, and each category is aimed at certain types of professional workers, employees with a certain background, or investors. At Verma Law Firm, we are here to help you determine which category applies to you and help you with the application process.

When you work with our team on an employment-based case, we take time to understand your long-term immigration goals, your professional background, and any family or employer concerns before recommending a path. A San Jose visa attorney can also help you weigh the advantages and disadvantages of different employment-based options, especially if you are already in the United States and considering adjustment of status versus consular processing. Because immigration matters are often closely tied to your career and family life, we aim to provide clear explanations so you can make informed decisions at each step. Our office regularly assists professionals working for companies in Silicon Valley and throughout the Bay Area, including those whose employers are based near downtown San Jose or in nearby tech corridors.

The categories are as follows:

• First Preference – Priority Workers (EB-1 Category) The EB-1 category: This, or First Preference, is highly desirable because the applicant does not need to file for a labor certification. Also, the EB-1 category’s priority dates are more frequently current than EB-2 or EB-3. A current priority date means that there is no wait and that an immigrant visa number is currently available for the applicant. The First Preference, often referred to as the Priority Worker category, includes the following three categories: 1) persons of extraordinary ability; 2) outstanding professors and researchers; and 3) multinational organization managers and executives.
• Second Preference - Members of Professions with Advanced Degrees or Aliens of Exceptional Ability (EB-2 Category): This category is advantageous because EB-2 priority dates are more frequently current than the EB-3 category. The EB-2 category is for professionals who have advanced degrees or their equivalent or individuals who will substantially benefit the U.S. economy, cultural or educational interests because of their exceptional ability in the sciences, arts, or business.
• Third Preference – Professionals, Skilled and Other Workers (EB-3 Category): The Third Preference is for three categories: 1) professionals, 2) skilled workers, and 3) other workers. All EB-3 applicants must file a labor certification and have a job offer. Also, a national interest waiver (NIW) is not available for EB-3 applicants. An EB-3 applicant may fall under Schedule A of the DOL regulations and therefore not be required to test the labor market (see below for Schedule A eligibility). Unfortunately, the EB-3 category is subject to long backlogs, especially for applicants from India and China. EB-3 applicants from such countries with a long backlog must often wait years before they can complete the immigration process.
• Fourth Preference – Special Immigrants (EB-4 Category): The Fourth Preference is comprised of several specialized categories, as listed below. EB-4 applicants may petition without an employer, but must file the Form I-360 with documentary evidence showing that they are eligible as special immigrants. EB-4 visas comprise a smaller total number of visas than EB-1s, EB-2s, or EB-3s.

Choosing the Right Immigration Lawyer in San Jose

Selecting legal help for an employment-based Green Card is an important decision, especially if your future in the United States depends on a complex petition. Many applicants first look for a visa lawyer San Jose residents can trust because they want someone familiar with local employers, regional immigration trends, and practical issues such as interview locations. When you evaluate different firms, it can be helpful to look beyond advertisements and focus on how the attorney approaches communication, case strategy, and ongoing updates. You should also consider whether the firm has handled cases for professionals in fields similar to yours, such as technology, engineering, research, or investment.

In the Bay Area, many employment-based applicants attend interviews at the USCIS field office that serves San Jose and surrounding cities, so it is useful to work with counsel who understands how local procedures may affect your timeline. A visa application lawyer can explain how your employer’s human resources team, payroll records, and job descriptions will fit into the overall process. We encourage potential clients to ask questions during an initial consultation about expected steps, possible challenges, and how the firm stays in touch as the case moves forward. Taking time at the beginning to choose the right representation can make the rest of the process feel more organized and manageable.

Interfiling EB Categories / Transfer of Underlying Basis: Foreign nationals in the U.S. on an employment-based visa can apply for a Green Card (lawful permanent residency) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Applicants with pending Adjustment of Status applications can request to transfer the underlying basis of their application from one EB preference category to another, referred to as interfiling EB categories or transfer of underlying basis.

To request a transfer of underlying basis, the applicant need not submit a new application or filing fee. Instead, they must send their request in writing with Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). Applicants only need to include the Supplement J if they previously applied and have an approved Form I-140, Immigrant Petition for Alien Workers.

The USCIS may grant the transfer of underlying basis request if the applicant:

1. Has maintained eligibility for adjustment of status,
2. Has a pending AOS application based on their original Form I-140,
3. Is eligible under the requested EB preference category, and
4. Has a visa available in the new EB preference category.

Although the USCIS will not send an acknowledgment of transfer of underlying basis request, it will send a receipt of Supplement J, allowing applicants to track their requests.

During the 2022 Fiscal Year (October 2021 through September 2022), the USCIS is encouraging employment-based applicants with pending EB-3 AOS applications to request to transfer the underlying basis to EB-2 if they are eligible. The agency noted an “exceptionally high number of employment-based visas” available in this category – more so than applications received.

In practice, deciding whether to pursue an interfiling request involves looking closely at your current priority date, your country of chargeability, and the strength of the job offer or petition in the new category. A visa lawyer can review your underlying I-140 approval, your current role, and your long-term plans in the United States to help you understand whether a transfer of underlying basis is a practical option. Because USCIS policies and visa bulletin movement can change, it is helpful to work with a legal team that follows developments affecting employment-based cases filed out of California Service Centers and processed for residents of Santa Clara County.

Through September 2022, Supplement J must be submitted to the following address:

Attn: I-485 Supp J

U.S. Department of Homeland Security

USCIS Western Forms Center

10 Application Way

Montclair, CA 91763-1350

Applicants who applied before the 2022 FY do not need to send another request to the above address. Those requests are being processed as usual.

If you are unsure how these instructions apply to your situation, we can walk you through which forms must be filed now and which evidence should be prepared in advance. A visa application attorney in our San Jose office can also explain how your case might be affected if you move, change employers, or travel internationally while your adjustment of status is pending. We regularly speak with clients who have cases pending at local offices serving the San Jose area, and we aim to give you practical guidance tailored to your employment history and family circumstances.

Give us a call today at (408) 560-4622 to schedule a consultation with a San Jose permanent work visa attorney!