§Work Green Card Attorney

Work Green Card Attorney in New York Employer-Sponsored Green Card Planning

Quick answer

Most employer-sponsored green cards run in three steps: PERM labor certification (Form ETA-9089) with the Department of Labor, the immigrant petition (Form I-140) with USCIS, and then adjustment of status (Form I-485) in the United States or an immigrant visa at a consulate. Your priority date is set when the PERM (or the I-140, if no PERM is required) is filed, and the I-485 can only be filed when that date is current in the State Department's Visa Bulletin. Mandi Law Group handles these cases from its Latham, NY office — the firm's only office, minutes from the USCIS Albany Field Office and open to walk-ins Monday to Friday, 9:00 to 18:00 ET — and by phone or video anywhere in New York.

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.

Serving New York City professionals, employers, and statewide work visa matters from Latham.

Book Consultation (518) 698-0347

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01What to know

How an employment-based green card actually moves through PERM and I-140

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.

02Services

What we handle: an employment-based green card

PERM recruitment strategy and timing designed to hold up under a Department of Labor audit or supervised recruitment
I-140 petition preparation across EB-1, EB-2, and EB-3 categories, matched to the position's actual requirements
Priority date and visa bulletin tracking for backlogged categories, including EB-2 and EB-3 India and China
AC21 portability analysis for same-or-similar job changes after 180 days of a pending I-485
PERM-to-green-card timeline planning that accounts for layoffs, employer changes, or company restructuring mid-process
Coordination with the adjustment of status or consular processing stage once the I-140 is approved
Prevailing wage determination requests and recruitment documentation built to withstand a Department of Labor audit
Ability-to-pay evidence packages for I-140 RFEs, including financial statements and wage record review

03Why this firm

Why clients hire us for an employment-based green card

Documents reviewed before anything is filed: 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.
Categories compared against your actual facts: 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.
Deadlines tracked in writing: 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 plan for RFEs, notices, and denials: 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.
Fees quoted up front, payment plans available: 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.
You talk to the attorney, in your language: The firm's attorneys work in English, Spanish, Hindi, Urdu, Gujarati, and Swahili, and arrange certified interpreters for other languages. Consultations are by phone, by video, or in person at 22 Century Hill Dr #101 in Latham — the firm's only office, which welcomes walk-ins Monday to Friday, 9:00 to 18:00 ET, and Saturdays by appointment. Consultations are confidential and paid, with payment plans available, and the fee is quoted in writing before any work starts. Questions between filings go to the attorney handling the matter.

04Questions clients ask

Work Green Card Attorney in New York Employer-Sponsored Green Card Planning FAQs

What are the three steps of an employment-based green card?

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.

Why do EB-2 and EB-3 applicants from India and China wait so much longer?

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.

What is AC21 portability and when does it apply?

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.

Can a PERM case survive a layoff or employer change?

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.

What is a PERM prevailing wage determination?

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.

What is the difference between EB-1, EB-2, and EB-3 for a work green card?

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.

Is this legal advice?

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.

05Related pages

Official Employment Visa Resources

Helpful government resources for work visa planning and employment-based immigration:

What to Expect From a Confidential Consultation

Reaching out doesn't commit you to anything. Here is exactly what happens when you contact Mandi Law Group.

Step 1: Call or send the form
Reach out by phone or through our contact form. Your first conversation is confidential, with no obligation to hire us.
Step 2: Case review with an attorney
Bring your documents and any notices you've received. We review your situation and explain your options in plain language.
Step 3: Clear fee quote in writing
You'll get a written fee quote before any work begins. Many matters are billed as a flat fee, and payment plans are available.
Step 4: We start work right away
Once you decide to move forward and sign a retainer agreement, we begin working on your case immediately.

§Talk to us

Questions about an employment-based green card?

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.