Houston Employment-Based Immigration Lawyer

Employment-Based Immigration Attorneys In Houston, TX

Houston is one of the fastest-growing and most culturally and ethnically diverse cities in the country. It relies significantly on employment-based immigration to feed its booming economy. A Houston employment-based immigration lawyer plays a crucial role for employees and employers, helping them meet their professional goals through immigration processes. The Serrano Law Firm has extensive experience working complex employment based permanent residency cases.

Obtaining permanent residency through employment is a wonderful pathway that provides many individuals and families the opportunity to work and live in the United States without having to continuously renew a temporary work visa.

How Employment-Based Immigration Works

The process is multi-step and can be quite lengthy often taking numerous months to years depending on the category of employment. The process involves both the employer and employee working with several agencies including the state workforce commissions, the U.S. Department of Labor, the Department of Homeland Security and perhaps the Department of State.

The attorneys at the Serrano Law Firm understand the intricacies at each step and work closely with each client to formulate the best course plan to successfully navigate the process to obtain permanent residency.

Why Houston’s Growth Drives Demand for Employment-Based Immigration?

In addition to being one of the more diverse areas of the United States, Houston is one of the fastest-growing regions. According to a recent June 2025 report from the Greater Houston Partnership, the city of Houston has added 91,180 residents since the beginning of the decade, which is more than any other city in the United States.

Furthermore, suburbs such as Fulshear have increased by more than threefold in population size since 2020, making it the city with the fastest growth rate, with over 50,000 residents. What’s more, as the birth rate in Houston is 12.3 per 1000 residents, the metro area of Houston is leading the nation in terms of this figure, forging a younger population and projected economic growth.

Employment Based Visa Job Categories

There are numerous jobs that permit an individual to seek permanent residency. Employment Based Permanent Resident Petitions are based upon the requirements of the job and typically fall within one of the following categories:

EB-1

Employment Based-1 entails: Managers of companies; multilevel nationals; persons of extraordinary ability typically within the fields of arts, sciences, education, business, sports; outstanding researchers and professors.

EB-2

Employment Based-2 entails: Three sub-categories (Advanced Degree, Exceptional Ability, National Interest Wavier).

EB-2 Subcategories

Individuals considered professionals with an advanced degree.

The next subcategory is for those filing with an advanced degree. If individuals file as a professional with an advanced degree then the person must possess such a degree required for the job or a foreign equivalent. An alternate requirement to the advanced degree requirement is an individual that holds a baccalaureate or foreign degree plus 5 years of relevant work experience after completing the requirements for the baccalaureate degree. In other words, post-baccalaureate experience.

Exceptional Ability

Individuals seeking to apply under the exceptional ability sub-category must demonstrate ability that rises to the level considered exceptional within the categories of art, science or business. For these purposes, exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the fields aforementioned.”

National Interest Waiver

The last sub-category is for individuals filing under the National Interest Waiver section. These individuals request the Department of Labor to waive certain requirements because it is in the interest of the U.S.

Even though the jobs that qualify for NIWs are not set forth by statute, typically this category is for individuals that have demonstrated exceptional ability and whose employment will be of great benefit to the U.S. It is important to keep in mind that individuals seeking a NIW do not require an employer-sponsor but may self-petition.

EB-3

Employment Based-3 entails: Individuals who have at least relevant work experience in the appropriate field for two years at a skilled level. This category includes professionals with a baccalaureate degree; or other workers with less than two years relevant work experience but is qualified to perform a job at a level in an area where workers are unavailable in the U.S.

Permanent Residency Special Category Jobs

Permanent Residency through Special Category Jobs entail: Specialized jobs that have been identified by the Department of Homeland Security that do not fall within one of the aforementioned categories but are of importance to qualify through a different process and petition.

These jobs require the completion of Form I-360 and some of the jobs include:

Religious Worker
Panama Canal Employee
Physician NIW
International Organization Employee
Certain Language Translators
Broadcasters
Special Immigrant Amerasians
Individuals Who Helped the U.S. Government

Employment Based Residency Steps & Process

Employment-Based Immigration for Students and Exchange Visitors. The most common process for obtaining employment-based permanent residency includes the following steps:

First Step: The individual must obtain an employer sponsor if required by the category.

Second Step: A Labor Certification Application must be filed with the Department of Labor for the particular job that is being offered to the individual. Keep in mind that prior to filing this application several intricate steps must be completed successfully and within the requirements of the process. Failure to complete each and every requirement can lead to a denial of the application by the Department of Labor. Of all the steps, this is by far the most complex and complicated. Obtaining the assistance of a knowledgeable and experienced attorney to handle this step is key to the process.

Third Step: Upon receiving certification from the Department of Labor a Petition for Alien Worker must be filed with USCIS.

Fourth Step: Once the Petition for Alien Worker is approved, USCIS will review the Application to Adjust Status if the individual is within the U.S If the person is abroad, the U.S. Consulate will review the immigrant application. The Application for Adjustment of Status can be filed concurrently if available according to the visa numbers for the particular employment-based category. It is at this step that qualifying family members can also file to adjust status to obtain permanent residency or file at the U. S. Consulate, whichever is applicable to the particular case.

The attorneys at Serrano Law Firm serve individuals and companies of all sizes in this complex process. To obtain a customized strategic plan for permanent residency, call our lawyers for a consultation.

FAQs

Q: What Type of Visa Is an Employment Visa in the US?

A: Temporary worker visas, which are not regarded as permanent or endless, are for people who wish to enter the United States for employment lasting a specific amount of time. Prior to applying for any of these visas, a potential employer must submit a petition to U.S. Citizenship and Immigration Services (USCIS).

Q: What Are the Requirements for a USA Employment Visa?

A: If you meet the requirements listed below, you may be eligible for a work visa: You are older than 18 years of age (usually between 35-55). You are employed by a foreign country. You have worked in your field for at least three years.

A dedicated employment visa attorney from our firm can help you understand whether you meet the requirements for an employment visa during an initial case evaluation.

Q: Can I Apply for a Green Card Without a Job Offer in Houston?

A: Yes, in some cases, it is possible to apply for a green card without being offered a job in Houston. As an example, those who are seeking a Natural Interest Waiver and are eligible for an EB-2 green card, or those who are eligible for an EB-1A (individuals with extraordinary ability green card), may be able to self-petition.

A knowledgeable immigration lawyer can help you understand whether you likely qualify for an option that does not require employer sponsorship.

Q: What Is PERM Labor Certification and Why Is It Important?

A: PERM is an intricate and often lengthy process with the Department of Labor that requires proving there are no US workers who are qualified, available, and willing to do the job in question. For many EB-3 and EB-2 green card applicants, this is a crucial step in the process towards pursuing documentation. Unnecessary errors made during the PERM process can result in costly denials or delays. Thankfully, an attorney can help you avoid making errors.

Q: What Are the Benefits of Hiring a Houston Employment Immigration Lawyer?

A: By hiring a skilled Houston employment immigration lawyer, you can be sure that your attorney is aware of the USCIS field office processes, practices at the Texas Service Center, and regional trends happening when it comes to labor certifications. Local attorneys can also leverage their professional networks to help you overcome any challenges with your application, such as producing medical reports.

Solve Your Houston Employment Immigration Problems Today – Call Us Right Away

Whether you’re a professional who is eager to leap to the next stage of your career or an employer who wants to bring on global talent to meet operational needs, Serrano Law Firm PLLC can help immigration become your competitive edge. One of our thoughtful and compassionate Houston immigration lawyers can provide efficient, clear solutions to meet your employment-based immigration needs across the Houston area.