Employment Based Immigration
Work visas (H-1B, L-1, O-1), employment-based green cards (EB-1, EB-2, EB-3), and PERM labor certification — full legal support for employers and foreign nationals seeking to work and settle in the U.S.
Employment-Based Immigration: From Work Visa to Green Card
At Kostiv & Associates, we guide employers and foreign nationals through the full spectrum of employment-based immigration — from initial work authorization to permanent residency. Whether you need a work visa quickly or are planning a long-term path to a green card, our team provides strategic, end-to-end legal support.
Work Visas
H-1B · L-1 · O-1
For employers and professionals seeking temporary, employer-sponsored authorization to work in the United States. We handle every step: filing the petition, responding to USCIS requests, and coordinating consular processing.
H-1B — Specialty Occupation
For professionals in fields such as technology, engineering, finance, and healthcare. Subject to an annual cap and lottery; cap-exempt sponsorship also available.
L-1 — Intracompany Transfer
For executives, managers, and specialized knowledge employees transferring from a foreign affiliate or subsidiary. No annual cap.
O-1 — Extraordinary Ability
For individuals with extraordinary ability or achievement in their field, including arts, sciences, business, and athletics.
Green Cards
EB-1 · EB-2 · EB-3
Employment-based immigrant visas provide a path to permanent residency in the United States. The right category depends on your qualifications, employer, and how quickly you need to move.
EB-1 — Priority Workers
For persons of extraordinary ability, outstanding professors/researchers, and multinational executives or managers. No PERM required — faster processing.
EB-2 — Advanced Degree Professionals
For professionals holding advanced degrees or exceptional ability. Includes the National Interest Waiver (NIW) track, which is self-petitioned and requires no employer sponsor.
EB-3 — Skilled & Professional Workers
For professionals, skilled workers, and other workers. Requires an approved PERM labor certification and employer sponsorship.
PERM
Program Electronic Review Management
Most EB-2 and EB-3 green card cases require PERM labor certification through the U.S. Department of Labor. We manage the entire process — from supervised recruitment and documentation to final filing.
Supervised Recruitment Campaign
The employer must advertise the position following DOL-prescribed steps to confirm no qualified U.S. workers are available.
DOL Application & Audit Defense
We prepare and file the ETA-9089 form and manage any DOL audit or supervised recruitment request.
Timeline Planning
PERM review typically takes 8–18 months. Early filing is critical for countries with visa backlogs (e.g., India, China). We advise on priority date strategy from day one.
Securing Residency for Your Family
Spouses and children under 21 are included in most employment-based categories. H-4 spouses may be eligible for work authorization. L-2 spouses receive automatic work authorization. Dependents in EB categories adjust status alongside the principal applicant.
Service FAQ
Answers to common questions about this residency pathway.
The H-1B requires a job offer from a U.S. employer in a specialty occupation — typically one that requires at least a bachelor's degree or its equivalent in a specific field. The employer must file a Labor Condition Application (LCA) and a petition with USCIS. Most H-1B visas are subject to an annual cap and selected through a lottery held in March.
The H-1B is for professionals in specialty occupations sponsored by any qualifying U.S. employer. The L-1 is exclusively for employees transferring within a multinational company — either as executives or managers (L-1A) or specialized knowledge staff (L-1B). Unlike the H-1B, the L-1 is not subject to an annual cap or lottery.
Yes. Cap-subject H-1B visas are limited to 85,000 per year and selected through an annual lottery in March. Cap-exempt employers such as universities and certain nonprofits are not subject to this limit.
Yes. Under H-1B portability rules, you may begin working for a new employer once they file a transfer petition on your behalf, even before it is approved, provided you are maintaining valid status.
PERM is a mandatory Department of Labor process for most EB-2 and EB-3 green card cases. The employer must run a supervised recruitment campaign proving no qualified U.S. workers are available for the position. An approved PERM is required before filing the I-140 immigrant petition — it is the first and often longest step in the employer-sponsored green card process.
It depends on the category and your country of birth. EB-1 cases with no PERM required can be completed in 1–2 years. EB-2 and EB-3 cases that require PERM typically take 2–4 years or more. Applicants from countries with visa backlogs — such as India or China — may wait significantly longer due to annual per-country limits.
Yes. If you are in the U.S. in a valid status such as H-1B or L-1 and your priority date is current, you may file for Adjustment of Status (Form I-485) without leaving the country. This allows you to transition to permanent residency while continuing to work.
Yes. Most employment-based categories include provisions for dependents. H-4 status applies to H-1B dependents (spouses may be eligible for work authorization). L-2 spouses receive automatic work authorization. In EB categories, dependents adjust status alongside the principal applicant.
Ready to Begin Your Strategic Evaluation?
Request an initial assessment with our U.S. immigration advisory team based in Dubai to evaluate your eligibility and define the right U.S. immigration strategy.