Mandi Law Group represents New York employers and employees moving from a work visa to a green card through PERM labor certification and I-140 immigrant petition, including AC21 portability and priority date strategy for backlogged categories like EB-2 and EB-3 India and China.
It walks through the three-step structure of employment-based permanent residence — PERM, I-140, and adjustment or consular processing — and where each step tends to break down.
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A work-based green card is not one filing, it is three: PERM labor certification with the Department of Labor, an I-140 immigrant petition with USCIS, and either adjustment of status or consular processing to finish the case. Each step has its own timeline, evidentiary standard, and failure points. PERM recruitment has to be done in a specific sequence and window; the I-140 has to establish that the position meets the certified requirements and the worker meets them; and the final step depends on visa bulletin availability, which for EB-2 and EB-3 applicants born in India or China can mean a multi-year wait even after the first two steps are done.
AC21 portability adds another layer once the I-140 has been approved and the I-485 has been pending 180 days: the worker can, in the right circumstances, change employers or job duties in a same or similar occupational classification without restarting the process. Getting that determination right, and documenting it correctly, is often the difference between a smooth transition and a case that stalls when a new employer is added.
PERM starts with a prevailing wage determination from the Department of Labor, which sets the minimum wage the position must offer based on the job duties, requirements, and geographic area. Once that determination is in hand, the employer must complete a defined recruitment process — including a mandatory job order with the state workforce agency and two Sunday print or approved alternative advertisements — and observe the required 30-to-180-day quiet period before filing the ETA Form 9089 with the Department of Labor. Recruitment reports have to be retained and organized in case of an audit, and a supervised recruitment order or audit notice can add months to an otherwise routine case if the file is not built correctly the first time.
The I-140 immigrant petition itself is filed under one of several employment-based categories — EB-1 for executives, outstanding researchers, or people of extraordinary ability, EB-2 for advanced degree professionals or those qualifying for a National Interest Waiver, and EB-3 for skilled workers, professionals, and other workers — and each has its own evidentiary standard. USCIS routinely issues RFEs on a petitioner's ability to pay the offered wage from the priority date forward, which is typically addressed with tax returns, audited financial statements, or wage records, and on whether the beneficiary's credentials and experience truly match what the PERM certification requires. I-140 premium processing is available for most standalone categories, which can meaningfully shorten the wait for a decision once the petition is ready to file.
22 Century Hill Dr # 101, Latham, NY 12110. Call or request a consultation for New York City matters, employer strategy, and case planning.
We read the file first — ETA-9089 (PERM), I-140, and I-485, and the evidence behind them — and flag what is missing, inconsistent, or likely to draw a question while there is still time to fix it. A gap caught before filing costs far less to close than the same gap raised in a Request for Evidence months later.
Degree, job duties, nationality, and current status narrow the realistic options quickly. TN is limited to Canadian and Mexican citizens, E-3 to Australians, and H-1B runs through a lottery. For employment-based green card filings, PERM timing, and employer sponsorship strategy, that means deciding what to file, in what order, and what the record has to show before anything is submitted.
Filing windows, response deadlines, and expiration dates are calendared for the whole matter, and you hear about what is due before it is due rather than after.
A Request for Evidence is a specific question, not a request for more paper. We identify the issue USCIS raised, gather only the evidence that answers it, and file inside the deadline on the notice. Denials get read line by line before anything is refiled.
What we charge for an employment-based green card depends on which category fits the role, whether labor certification is required, and how much of the evidence the employer already keeps on file. You get the number at the consultation, in writing, with government filing fees listed separately so you can see what is a legal fee and what goes to the agency. Payment plans are available.
Our team works in English, Hindi, Urdu, Gujarati, and Swahili, and arranges interpreters for other languages. Consultations are by phone, by video, or in person at 22 Century Hill Dr #101 in Latham, our only New York office. Questions between filings go to the attorney handling the matter.
PERM labor certification, the I-140 immigrant petition, and then either adjustment of status if the worker is in the U.S., or consular processing abroad. Each step is filed and adjudicated separately, and the case is not complete until all three are done.
Each employment-based category has an annual numerical limit, and no single country can receive more than about 7% of the visas issued in a category in a given year. High-demand countries like India and China back up well beyond that limit, creating priority date waits that can run for years even after PERM and I-140 approval.
AC21 allows a worker with an approved I-140 and an I-485 pending 180 days or more to change jobs or employers without restarting the process, as long as the new position is in the same or a similar occupational classification. It requires careful documentation to satisfy USCIS on the same-or-similar standard.
It depends on the stage. A PERM application generally cannot transfer to a new employer before the I-140 is filed and approved. Once the I-140 is approved and AC21 portability conditions are met, more flexibility becomes available.
Before recruitment can begin, the employer must request a prevailing wage determination from the Department of Labor, which sets the minimum salary the sponsored position must pay based on the job duties, required experience, and geographic location. The offered wage must meet or exceed that determination throughout the PERM and I-140 process, and a wage that is set too low or too high relative to the actual role can create problems later.
EB-1 covers executives and managers of qualifying multinational companies, outstanding professors and researchers, and individuals with extraordinary ability, and does not always require PERM. EB-2 covers advanced degree professionals and certain exceptional-ability cases, including those pursuing a National Interest Waiver without employer sponsorship. EB-3 covers skilled workers, professionals with a bachelor's degree, and other workers, and generally requires a full PERM labor certification. The right category depends on the worker's credentials and the position being sponsored.
No. Employment-based green card timing depends on the worker's category, country of birth, and current visa bulletin movement, all of which change over time and require case-specific review.
Helpful government resources for work visa planning and employment-based immigration:
Reaching out doesn't commit you to anything. Here is exactly what happens when you contact Mandi Law Group.
Reach out by phone or through our contact form. Your first conversation is confidential, with no obligation to hire us.
Bring your documents and any notices you've received. We review your situation and explain your options in plain language.
You'll get a written fee quote before any work begins. Many matters are billed as a flat fee, and payment plans are available.
Once you decide to move forward and sign a retainer agreement, we begin working on your case immediately.
Call (518) 698-0347 or request a consultation. We will look at employment-based green card filings, PERM timing, and employer sponsorship strategy, tell you what the realistic options are, and quote the fee before any work starts.
Disclaimer: This content is for informational purposes and not legal advice. Immigration law is fact specific and outcome dependent. Consult a licensed attorney about your individual situation.