Employment-Based Immigration Attorney in Silver Spring, Maryland

Employment-Based Preference Categories

Congress has established five employment preference categories (EB-1 through EB-5), each with distinct eligibility requirements and processing characteristics. Understanding which category best fits your qualifications is the first step toward a successful green card application.

• EB-1A — Aliens of Extraordinary Ability (self-petition, no employer or PERM needed)
• EB-1B — Outstanding Professors and Researchers
• EB-1C — Multinational Managers and Executives
• EB-2 — Professionals with Advanced Degrees or Exceptional Ability
• EB-2 NIW — National Interest Waiver (self-petition, no PERM needed)
• EB-3 — Skilled Workers, Professionals, and Unskilled Workers
• EB-4 — Special Immigrants (religious workers, broadcasters, etc.)
• EB-5 — Immigrant Investors ($800,000 – $1,050,000 investment)

PERM Labor Certification

Most EB-2 and EB-3 petitions require the employer to first obtain a PERM (Program Electronic Review Management) labor certification from the Department of Labor (DOL). This process requires the employer to conduct a good-faith recruitment effort and demonstrate that no qualified, willing U.S. workers are available for the position.

PERM is a detailed, audit-prone process with strict procedural requirements. Attorney Fogam guides employers through job description drafting, advertising requirements, prevailing wage determinations, and the final PERM application — minimizing the risk of costly audits or denials.

• Prevailing wage determination (Form 9141)
• Recruitment steps: job postings, newspaper ads, internal posting
• SWA posting and mandatory waiting periods
• ETA Form 9089 preparation and filing
• Audit response if selected by DOL
• I-140 filing once PERM is certified

EB-1 Extraordinary Ability & NIW Self-Petitions

For highly accomplished professionals, scientists, artists, athletes, and business executives, self-petition categories offer a path to a green card without employer sponsorship or the lengthy PERM process. The EB-1A Extraordinary Ability and EB-2 National Interest Waiver (NIW) categories are our specialty.

To qualify for EB-1A, a petitioner must demonstrate sustained national or international acclaim through evidence such as major awards, published work, high salary, judging others' work, original contributions, and more. NIW applicants must show their work has substantial merit and national importance, and that waiving the job offer/PERM requirement is in the national interest.

Attorney Fogam has helped hundreds of clients in STEM fields, healthcare, business, arts, and athletics successfully navigate these self-petition categories. We build comprehensive petitions with compelling narratives and strong evidentiary packages.

Employer Sponsorship: From H-1B to Green Card

Many employment-based green card cases begin with an employer-sponsored temporary visa — most commonly the H-1B for specialty occupations. We help employers file H-1B petitions (including cap-exempt cases), maintain H-1B status, and transition employees to permanent residence through PERM and I-140 petitions.

Timing matters enormously in employment-based immigration, particularly for nationals of high-demand countries like India and China, who face decades-long backlogs in certain preference categories. Attorney Fogam advises on priority date strategies, concurrent filing, and portability provisions under AC21.

• H-1B specialty occupation petitions (cap and cap-exempt)
• H-1B extensions, amendments, and transfers
• L-1A and L-1B intracompany transferee petitions
• O-1A and O-1B extraordinary ability/achievement visas
• TN status for Canadian and Mexican USMCA professionals
• Priority date strategy and porting under INA § 204(j)