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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallBefore meeting an immigration attorney or your employer’s immigration counsel, prepare a concise record of your immigration and employment history, gather documents you already have, and clarify what your employer is willing to do. Use the consultation to identify which employment-based route merits evaluation, what evidence it may require, and who owns each next step. No checklist can determine eligibility or predict a timeline; those depend on your facts, the route, and visa availability.
Build a one-page timeline before the consultation
Write down the key dates and changes in your immigration and work history. Keep it factual; if you are unsure of a date or detail, mark it as uncertain rather than guessing.
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- Your current H-1B status and relevant prior immigration statuses.
- Employers, job titles or duties, and work-location changes.
- Prior petitions or applications, including any denials, requests for evidence, or other official notices.
- Any known priority date, if a prior filing established one.
Bring copies of available filings and decisions, passport and visa records, admission records, current employment information, education records, and letters documenting prior work experience. USCIS lists official academic records and prior-employer experience letters as examples of evidence that may support qualifications in an I-140 case: USCIS guidance on supporting evidence. Which records matter depends on the category and your individual facts; the government sources do not set a universal consultation checklist.
Clarify the employer’s role
Many employment-based routes involve employer sponsorship, but requirements differ by category and process. If appropriate, ask HR or the company contact handling immigration matters:
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- Has the company agreed to sponsor you, or is approval still pending?
- Who coordinates immigration matters and communicates with counsel?
- What role does the company expect to play, and which records can it provide?
- Who within the company can confirm job duties, work location, and employment details?
Do not treat a general description of the immigration process as proof of your employer’s policy or commitment. Ask counsel to explain how the employer’s position affects the routes being considered.
Understand the terms before comparing routes
“PERM,” “EB-2,” “EB-3,” and “I-140” are not interchangeable options. EB-2 and EB-3 are employment-based immigrant categories; PERM is a labor-certification process used in some cases; Form I-140 is an immigrant petition. The government identifies five employment-based immigrant visa categories and says their requirements differ. Some routes require a U.S. employer job offer, and some involve labor certification and an I-140 petition. USAGov’s employment-based green card overview summarizes the categories.
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| What to distinguish | Why it matters in the consultation |
|---|---|
| Category, such as EB-2 or EB-3 | Each category has different qualification criteria. Ask which facts make a category worth evaluating in your case. |
| Employer sponsorship | Some routes involve an employer and a job offer; confirm whether sponsorship is required for the proposed route and whether your employer has agreed. |
| PERM labor certification | It applies in some, not all, employment-based cases. Where required, the employer has recruitment and filing responsibilities. |
| Form I-140 | In many employer-sponsored routes, the employer files this petition. Ask who files each form and what information or evidence you must supply. |
| Visa availability | Availability is a separate timing factor. The relevant category, priority date, and chargeability affect which Visa Bulletin information applies. |
A USCIS-hosted guide also explains that labor certification is not required for every category: USCIS employment-based immigration guide.
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When PERM applies
For applicable PERM cases, the employer seeks labor certification through the Department of Labor (DOL), including ETA Form 9089. DOL describes recruitment requirements for applicable cases. After certification, the employer generally submits the certification with Form I-140 to USCIS. Ask counsel whether PERM applies to your route and, if so, what recruitment and filing responsibilities the employer will handle. See DOL’s permanent labor certification information and the USCIS-hosted guide.
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The USCIS-hosted guide describes a 180-calendar-day period for submitting an approved labor certification with Form I-140. Treat this as a specific filing rule to verify against current official instructions—not as a prediction of how long your case will take.
Form I-140 and qualifications
In many employer-sponsored routes, the employer files Form I-140. Academic records and prior-employer experience letters are examples of evidence USCIS may use to assess qualifications. Ask which qualifications must be documented for the route under consideration, whether your degree records or transcripts are available, and whether experience letters contain the details counsel needs.
Visa availability and the Visa Bulletin
Having a petition or meeting a category’s qualifications does not by itself establish that an immigrant visa is available. The Department of State says approximately 140,000 employment-based immigrant visas are made available to qualified applicants each fiscal year; the fiscal year runs October 1 through September 30. That broad annual allocation does not estimate an individual’s wait. Availability depends on factors including category and priority date. Check the current Department of State Visa Bulletin with counsel, using the correct category and chargeability, and ask which chart is relevant to your case.
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Questions to ask counsel
- Which employment-based category or categories are worth evaluating, and what facts distinguish them?
- Does the route being considered require employer sponsorship, and has the employer agreed to sponsor?
- Does it require PERM? If so, what recruitment and filing responsibilities belong to the employer?
- Who files each form, and what information or evidence do you need from me?
- What qualifications must be documented? Are my degree records, transcripts, and prior-employer letters available and adequate?
- Is there a known priority date? Which Visa Bulletin category and chart should we monitor?
- What should I do if my employer, job duties, or work location changes while a case is pending?
- What is the next action, who is responsible for it, and when should we check in?
Ask counsel for individualized guidance before making decisions about a job, employer, duties, or work location while a case is pending. The consequences depend on the case stage and facts; a general process description cannot resolve them.
Leave with a written action plan
Before the meeting ends, confirm the proposed route or routes to evaluate, any missing records, the person responsible for obtaining each item, and the next check-in point. Separate what is known from what still needs confirmation—for example, a priority date you can document versus one counsel must verify. Ask how you will receive updates about employer decisions, filings, and Visa Bulletin checks.
This is general preparation information, not legal advice. Eligibility, evidence needs, employer policy, and the effects of your immigration and job history are case-specific. Verify current forms, filing instructions, fees, procedures, and Visa Bulletin information with the relevant agencies and counsel before acting.
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