Work Visa and Employment Immigration Attorney

Employment-based immigration is a different kind of work from a family case. The question is rarely whether you are married or who your relatives are; it is what you do, how well you do it, and who wants to hire you to do it. The paperwork is heavier, more of it runs through the Department of Labor as well as USCIS, and the order in which things are filed matters.

We have practised immigration law in Illinois since 1983. We take work visa cases, employer-sponsored green cards, EB-2 petitions, National Interest Waivers and TN status, and we act for individual professionals and for the businesses that sponsor them.

First, which kind of case is yours?

Almost every question in this area starts by separating two things that people often run together.

A temporary work visa lets you work in the United States for a set period, for a particular employer or in a particular role. TN status and the H-1B are the two most common. They do not, on their own, make you a permanent resident.

An employment-based green card is permanent residence obtained through work. EB-2 is one of the main routes, and the National Interest Waiver is a special path within it. Many people hold a temporary visa while a green card case moves forward behind it, which is why the two are so often discussed together — but they are separate applications with separate rules.

EB-2: advanced degrees and exceptional ability

EB-2 is the second employment-based preference category for permanent residence. It covers two groups. The first is members of the professions holding an advanced degree. The second is people of exceptional ability, which USCIS defines as a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business.

A standard EB-2 case needs an employer. The employer normally has to obtain a labour certification from the Department of Labor first, and then files Form I-140, Immigrant Petition for Alien Workers, with USCIS. The two exceptions to the labour certification requirement are certain designated Schedule A occupations and the National Interest Waiver. The official summary is USCIS's EB-2 page.

The National Interest Waiver: petitioning for yourself

The National Interest Waiver, or NIW, is the part of EB-2 that surprises people most, because it removes the employer from the equation. It waives both the job offer and the labour certification. That means an eligible person can file the I-140 on their own behalf — no sponsoring employer at all.

USCIS looks at three things. First, whether your proposed endeavour has substantial merit and national importance. Second, whether you are well positioned to advance it. Third, whether, on balance, it would benefit the United States to waive the usual job offer and labour certification requirements.

These cases are won on evidence and on how clearly the endeavour is described. A strong professional record presented badly loses to a narrower one presented well. We spend most of the time on an NIW case deciding exactly what the endeavour is, and then proving each of the three points separately rather than hoping a stack of credentials will speak for itself.

PERM: when the employer has to test the market

For an employer-sponsored green card that is not a National Interest Waiver, the process usually begins with the Department of Labor's permanent labour certification, known as PERM. The Department has to certify that there are not sufficient US workers able, willing, qualified and available for the position, and that hiring the foreign worker will not adversely affect the wages and working conditions of similar US workers.

Once it is certified, the employer files it with USCIS together with the I-140. The certification is valid for 180 days from approval, so that next step has a deadline of its own. The Department of Labor's overview is its PERM programme page.

For employers, PERM is where most of the work and most of the risk sit: the recruitment has to be run and documented in a particular way, and it is far easier to do it correctly the first time than to repair it afterwards.

TN status for Canadian and Mexican professionals

TN status is available to citizens of Canada and Mexico working in the United States in one of the professions listed under the USMCA. The position must require a USMCA professional, and there has to be a prearranged job — full-time or part-time — with a US employer.

The route in depends on your citizenship, and this catches people out:

• Canadian citizens can establish eligibility directly at a US port of entry, presenting their documents to the border officer. The employer can also file Form I-129 with USCIS instead.
• Mexican citizens must first obtain a TN visa at a US embassy or consulate in Mexico before seeking admission.

TN status is granted for up to three years at a time and can be extended. Because the whole case turns on whether the job genuinely fits one of the listed professions, we look closely at the offer letter and the actual duties before anyone heads for the border. USCIS's summary is its TN USMCA Professionals page.

H-1B specialty occupations

The H-1B is for specialty occupations — roles requiring a body of highly specialised knowledge and at least a bachelor's degree in a directly related field. A foreign degree equivalent, an unrestricted state licence, or equivalent education and progressively responsible experience can also qualify.

The practical constraint is the annual limit. There is a statutory cap of 65,000 new H-1Bs each fiscal year, with an additional 20,000 for people holding a US master's degree or higher. Employment at institutions of higher education and nonprofit research organisations is exempt from the cap. Selection runs through an electronic registration that USCIS says typically opens in March, and only selected registrants may file.

The employer obtains a certified Labor Condition Application from the Department of Labor and then files Form I-129. The H-1B is granted for up to three years and can be extended to six in total. Details are on USCIS's H-1B page.

For employers

If you are hiring, the order of operations is most of the value we add. Whether a candidate should come in on a TN, an H-1B or something else; whether a green card should be started now or later; whether PERM is needed at all or the person might qualify for a National Interest Waiver on their own — those decisions are cheaper to get right at the start than to unwind.

We work with the business and the employee together, and we will tell you plainly when a role does not fit a category rather than filing a case we expect to fail.

Working with you, wherever you are

Our office is in Oak Brook, but most employment cases do not require you to come in. We represent clients across Chicagoland — Chicago, Oak Brook, Buffalo Grove, Mettawa and the rest of Lake and DuPage counties — and further afield, with consultations by video. Joe describes what that looks like in what to expect in a video consultation.

For the family side of the practice, see our immigration page; if a work-based case has run into trouble and there is a Notice to Appear, see removal defence.

What to bring, and the next step

Bring your passport, your current visa and I-94 record, your degree certificates and transcripts, your CV, and — if there is one — the job offer or a description of the role. Employers should bring the job description and any prior immigration filings for the employee. For a National Interest Waiver, bring whatever shows the work you intend to do and why it matters: publications, patents, grants, letters, plans.

The consultation is free and we take cases in Spanish. Call 630.928.0100 or book a time online. More about the firm is on Joe's page, and what clients have said is on our reviews page.

Nothing on this page is legal advice about your situation, and reading it does not create an attorney–client relationship. Requirements described here were checked against USCIS and the Department of Labor in September 2026. Immigration law and filing fees change often, which is why no fee amounts or waiting times are quoted here.