EB-1A, EB-2 NIW, EB-3 PERM, labor certification — expert employment-based green card services. Attorney Ekaterina Fitenko, FL.
The United States offers several employment-based immigrant visa categories for foreign nationals who possess exceptional talent, advanced degrees, or specialized skills that benefit the American economy. At Fitenko Law PLLC, we guide professionals, researchers, executives, and skilled workers through every stage of the employment-based green card process — from initial eligibility assessment through approval and beyond.
The EB-1A visa category is reserved for individuals who have demonstrated extraordinary ability in the sciences, arts, education, business, or athletics. This is one of the most prestigious immigration pathways and does not require a job offer or labor certification. To qualify, an applicant must show sustained national or international acclaim and meet at least three of ten regulatory criteria, including:
We work closely with EB-1A petitioners to compile compelling evidence packages, draft detailed petition letters, and secure expert opinion letters that establish extraordinary ability under the USCIS two-part framework established in Kazarian v. USCIS.
The EB-2 National Interest Waiver allows professionals holding an advanced degree (or its equivalent) to self-petition for a green card without employer sponsorship or labor certification. The applicant must demonstrate that their proposed endeavor has substantial merit and national importance, that they are well positioned to advance the endeavor, and that it would be beneficial to the United States to waive the job offer requirement.
Following the landmark decision in Matter of Dhanasar, the three-prong analytical framework has expanded opportunities for researchers, entrepreneurs, STEM professionals, and healthcare workers. Attorney Fitenko has successfully petitioned NIW cases across a wide spectrum of fields, building persuasive narratives that connect the applicant’s work to broader national interests.
For professionals and skilled workers who have a sponsoring employer, the PERM labor certification process is typically the first step toward an employment-based green card. The employer must demonstrate that there are no qualified, willing, and available U.S. workers for the position by conducting a structured recruitment process overseen by the Department of Labor.
Key steps in the PERM process include:
Once the PERM is certified, the employer files an I-140 Immigrant Petition, and the beneficiary may file for adjustment of status (I-485) or pursue consular processing depending on priority date availability.
Understanding priority dates is essential for employment-based immigration planning. The priority date — typically the date the PERM application is filed or the I-140 petition is received — determines when a visa number becomes available. We monitor the monthly Visa Bulletin and advise clients on strategies to minimize wait times, including:
USCIS offers premium processing for certain employment-based petitions, guaranteeing an initial response within 15 business days. We advise clients on when premium processing provides strategic advantage and when standard processing may be preferable, weighing factors such as RFE likelihood and overall case timeline.
“Employment-based immigration is not just paperwork — it is the intersection of immigration law, labor policy, and individual merit. Every petition tells a story, and we make sure that story is compelling, complete, and compliant.”
Schedule a consultation with Attorney Ekaterina Fitenko to evaluate your eligibility and develop a strategic plan tailored to your professional profile. We offer consultations in English and Russian.