Adjustment of Status and Employment-Based Permanent Residence (EB-1, EB-2 & EB-3)

If your work, qualifications, or U.S. employer may provide a path to permanent residence, you need to know which employment-based category fits your circumstances and what must happen before you can apply for a green card. We help individuals and businesses in Phoenix pursue employment-based permanent residence and address the immigration filings required along the way. 

At Rafael Tirado & Associates, we represent clients in employment-based immigration matters, including employment-based green cards. With more than 20 years of experience, we can evaluate your situation, identify an appropriate immigration strategy, and help you with the required process.

Contact us to discuss your permanent residence goals.  

We Help You Choose an Employment-Based Path

Your employment-based category determines who may petition for you, what qualifications must be established, and what documentation the case requires. We begin by reviewing your professional background, current immigration circumstances, proposed employment, and long-term goals. 

EB-1 may apply to certain people with extraordinary ability, outstanding professors and researchers, and qualifying multinational executives and managers. EB-2 includes certain advanced-degree professionals and people of exceptional ability. EB-3 covers certain professionals, skilled workers, and other workers.  

We help you determine which available category best fits your circumstances, rather than approaching the case as a generic green card filing. For employer-sponsored cases, we also consider what participation and documentation the business will be required to provide. 

Preparing Your Employment-Based Green Card Case

Once the appropriate path is identified, we help prepare the immigration filing and supporting evidence needed to establish eligibility. 

The evidence can vary considerably by category. Your case may depend on education, professional experience, employment records, achievements, job information, or other documentation related to the requested classification. We work with you to identify what is relevant and present the filing in line with the requirements that apply to your case. 

Some employment-based cases require a permanent labor certification before the employer files an immigrant petition with USCIS, while other categories follow different procedures. The Department of Labor confirms that, in most instances requiring permanent labor certification, the employer must obtain certification before filing the immigration petition.  

Our role is to help you understand which steps your case actually requires and prepare for them in the correct order. 

Can You Apply for Adjustment of Status?

If you are already in the United States and qualify, adjustment of status allows you to apply for lawful permanent residence through USCIS without completing immigrant visa processing abroad.  

We can review whether adjustment of status is available based on your circumstances and determine when you may be eligible to file. Employment-based applicants must account for the availability of immigrant visas, and USCIS determines which Visa Bulletin chart applies to adjustment filings for a given month.  

When you are eligible, we can help prepare Form I-485 and the supporting materials required for your filing. In cases where concurrent filing is permitted, an employment-based immigrant petition and adjustment application may be filed together. USCIS limits concurrent filing to applicants who meet the applicable requirements.  

We Keep the Different Stages of Your Case Connected

An employment-based permanent residence case may involve several separate filings, but decisions made at one stage can affect what happens next. We approach the matter as one immigration strategy rather than treating each form as an isolated task. 

Before filing an adjustment application, we can review your immigration history and current circumstances to identify any issues that may affect your eligibility. If USCIS later requests additional evidence in a matter we are handling, we can review the request and help prepare an appropriate response. 

Our business immigration services also include work and investor visas, allowing us to consider permanent residence alongside other employment-related immigration needs.  

We Assist Employers with Employment-Based Immigration

Employers sponsoring foreign national workers play an important role in many employment-based permanent residence cases. We work with businesses to understand the immigration requirements connected to the proposed employment and the filings involved in the matter. 

That can include coordinating information needed from the employer and employee and helping the parties understand what must be established for the selected employment-based classification. 

For businesses that also need assistance with temporary employment or investor immigration matters, our broader business immigration practice can provide continuity as immigration needs change.  

Help When Circumstances Change During the Process

Employment-based immigration cases can take time, and your work or immigration circumstances may change while a petition or adjustment application is pending. 

If your employment changes, we can evaluate whether that development may affect the pending case before you make decisions based on assumptions about your immigration status. Certain employment-based adjustment applicants may be eligible to move to qualifying new employment once their Form I-485 has been pending for at least 180 days and the new position is in the same or a similar occupational classification. Whether those portability provisions apply depends on the facts of the case.  

If another issue arises while we are representing you, we can help you understand how it relates to the permanent residence process and determine the next appropriate step. 

Adjustment of Status and Employment-Based Permanent Residence Attorney in Phoenix, Arizona

Rafael Tirado & Associates provides immigration representation to individuals, families, and businesses in Phoenix, Arizona, as well as Eloy and Florence. With more than 20 years of experience, we provide business immigration services, including work visas, investor visas, and employment-based green cards. Rafael Tirado is an immigrant himself and is committed to giving each case the attention and care it deserves.  

If you are pursuing an EB-1, EB-2, or EB-3 green card or are preparing to adjust status, our Phoenix employment-based immigration attorneys can help you determine what your case requires and prepare the appropriate immigration filing. Contact us to discuss your employment-based permanent residence options.