Step 1: Initial Consultation and Case Assessment

Every successful case begins with a strategy session. We review your professional background, your employer’s needs, and your long-term goals (temporary employment vs. permanent residence). During this stage, we determine the most appropriate visa category, such as:

• Temporary employment visas: H-1B, L-1, O-1, TN, E-2

• Permanent employment visas: EB-1, EB-2, EB-3

Step 2: Labor Certification (if required)

For many employment-based green cards (such as EB-2 and EB-3), the employer must first obtain a PERM Labor Certification from the Department of Labor. This process verifies that there are no qualified U.S. workers available for the position.

• What it involves:

• Prevailing wage determination

• Job advertising and recruitment

• Filing ETA Form 9089 with the DOL

Our role: We handle the technical requirements, timelines, and compliance issues, ensuring that the recruitment process meets DOL standards and avoids costly delays.

Step 3: Petition with USCIS

Once labor certification is approved (or if it is not required, as in many EB-1 cases), the next step is filing a petition with U.S. Citizenship and Immigration Services (USCIS). The purpose of this petition is to establish the basis for the employment visa and confirm that the applicant — and in most cases the employer — meets all eligibility requirements.

• Form I-140 (Immigrant Petition for Alien Worker) – This is the standard petition for permanent employment visas. Typically, it is filed by an employer on behalf of the employee. However, certain categories such as the EB-1A (extraordinary ability) visa allow the individual to self-petition without an employer sponsor, provided they can demonstrate sustained national or international acclaim in their field.

• Form I-129 (Petition for a Nonimmigrant Worker) – Used for temporary visas such as H-1B, L-1, or O-1. These petitions must be filed by the U.S. employer seeking to employ the foreign professional.

Our role: At Whitaker & Warburton, we prepare and file the petition package, including evidentiary exhibits tailored to the specific visa category. For employer-sponsored cases, we ensure the petition demonstrates both the employer’s ability to pay and the employee’s qualifications. For self-petitioned EB-1A cases, we focus on presenting a compelling narrative supported by strong evidence of the individual’s extraordinary ability. We also track USCIS processing times and handle any Requests for Evidence (RFEs).

Step 4: Employee Application for Visa or Status

After USCIS approves the petition, the next step depends on whether the employee is inside or outside the United States:

• Adjustment of Status (Form I-485) – filed with USCIS if the employee is already in the U.S. and eligible to apply for a green card.

• Consular Processing (Form DS-260) – filed through the National Visa Center (NVC) and a U.S. embassy or consulate abroad if the employee is outside the U.S.

Our role: We prepare your adjustment or consular application, assemble supporting evidence (identity, medical exam, financials), and ensure everything is filed on time.

Step 5: Biometrics, Interviews, and Final Decisions

Applicants must typically complete a biometrics appointment and may be scheduled for an interview with USCIS or a consulate officer.

Our role: We provide interview preparation, mock questions, and full representation so you are confident and prepared on the day of your appointment.

Step 6: Approval and Next Steps

If approved, the employee receives:

• A visa stamp (if processed abroad) allowing them to enter the U.S.

• Or a new status/green card (if processed within the U.S.).

We also provide ongoing support for work authorization renewals (EADs, advance parole, extensions) and future steps toward permanent residency or citizenship.