Lombard Employment Immigration Attorneys | DuPage County Immigrant Visa Lawyers
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Mevorah & Giglio Law Offices
dupage county employment immigration lawyers


900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100


134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761


1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000

DuPage County Employment-Based Status Lawyers

Legal Assistance with Adjustments to Employment-Based Immigration Status in Lombard and Bloomingdale

Foreign nationals who are present in the United States may apply for adjustment of status to an employment-based (EB) permanent resident visa. To initiate the process, the employer most often needs to file a Form I-140 Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS). Employment-based visa applications are complex and there are numerical limits based on the preference category for which you are applying. For this reason, it is important to work with a skilled immigration attorney to ensure your adjustment to employment-based status is processed smoothly.

At Mevorah & Giglio Law Offices, we have extensive experience with employment-based visas and all other matters related to immigration. Our award-winning lawyers regularly practice before USCIS and U.S. Immigration Customs Enforcement (ICE), and we have strong track record of success in dealing with these agencies. When processing an adjustment to employment-based status, we work closely with both the employer and employee to educate them on the process, what to expect and what requirements are necessary to secure a successful outcome.

Requirements for Adjustment to Employment-Based Status

To qualify for an adjustment of status to an EB visa, you must be physically and lawfully present in the United States and meet several other requirements. If the employee is outside the U.S., he/she must be processed through a consular overseas. Common scenarios in which a temporary resident might apply for permanent employment-based status include foreign nationals here on student visas or temporary H1B visas who receive a job offer from a qualified employer.

For an employer to sponsor a foreign national, they must usually meet the following requirements:

  • The employer must be located in the U.S. (although they can be foreign-owed);
  • The offer must be for a permanent, full-time position;
  • The employer must obtain U.S. Department of Labor certification that there are no qualified American workers available to fill the position; and
  • The employee must meet the minimum educational and/or vocational requirements for the position being offered.

Similar to applying for family-based status, there are preference categories for EB visas as follows:

  • Priority workers (EB1);
  • Persons with exceptional ability or holding advanced degrees (EB2);
  • Skilled and professional workers (EB3); and
  • Special Immigrants (EB4).

There are numerical limitations to each category, and processing times are dependent on the number of qualified applicants. In certain categories, waiting times may extend several years until your priority date is reached.

Maintaining Status while Your EB Visa Application is in Process

While your application for adjustment to employment-based status is being processed, it is important to do everything possible to maintain your temporary legal status. After you apply for adjustment of status, you are eligible to apply for an Employment Authorization Document (EAD) while you await the issuance of your EB visa. The EAD is valid for one year at a time and allows the applicant the flexibility to work for any employer during the processing period.

Another issue that sometimes arises is when a foreign national needs to travel outside the country, such as for a family emergency. For such instances, you can apply for an Advance Parole, which gives authorization to leave the country without going “out of status.” While the EAD and Advance Parole are helpful, we still usually recommend maintaining temporary non-immigrant status (such as by extending your H1B visa) while the EB visa application is processed.

Adjustment to employment-based status is a complicated process with multiple parties involved and numerous variables to account for. At Mevorah & Giglio Law Offices, we put our experience to work to help employers and EB visa applicants navigate these complexities and ensure there are no pitfalls that could jeopardize the success of the petition. For a free consultation with one of our experienced Illinois immigration lawyers, contact our office today at 630-932-9100630-932-9100.

  • DuPage County Immigration Lawyers
  • Elite Lawyer
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  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers
  • Better Business Bureau

Let us start helping you with a FREE initial consultation.

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From Our Immigration Blog

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah & Giglio Law Offices can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from 3 offices in Lombard, Bloomindale, and Naperville.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah & Giglio Law Offices to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted