Criminal Defense Lawyers

Your Visa Expires Soon. Your Employer Keeps Saying “We’ll Look Into It.” Now What?

Last Updated on: 30th November 2025, 07:32 pm

Look. Your visa expires in 8 months. Maybe 6. Your employer keeps saying their “looking into” sponsorship but nothings actualy happening. And your entire life in America—your apartment, you’re job, your kids school, everthing you’ve built over teh years—hangs on a goverment form youve never even seen. This is the reality for thousands of foreign professionals working in the United States right now. Maybe your one of them. Probly, if your reading this.

If your reading this article your probly in one of two situations. Either your already here on a work visa—H-1B, L-1, O-1, whatever—and trying to figure out how to stay permanantly. Or your abroad wiht a job offer and trying to understand what comes next. Either way your stressed. Confused. Maybe a little scared. Thats completly normal and I dont want you to feel bad about it. This stuff is genuinly complicated and the stakes are incredibly high. I’ve seen alot of people in your exact situation over the years. Some handle it well. Some dont. The differance usualy comes down to wether they understood the process and took it serious from day one.

What I’m gonna cover in this article: how employment-based immigration actualy works (not the lawyer-speak version that makes your eyes glaze over), what it realy costs—the actual numbers nobody wants to publish becuase their worried about scaring people off—how long it takes (the real timelines not the optimistic ones your HR department tells you), and wether you need to hire a lawyer. Spoiler on taht last one: probly yes, but lets get into the details first becuase the answer depends on your specific situation adn I dont want to make assumptions.

And heres something important before we dive in. Irregardless of what you might of heard from coworkers or read online, every case is differant. What worked for your colleague might not work for you. What took them 2 years might take you 10. Thats not me being dramatic—thats jsut the reality of how this system works. The sooner you understand that, the better decisions youll make. I should mention—actualy, this is realy important—alot of people come to me after making mistakes they could of avoided if they’d understood the basics upfront. Dont be one of those people.

What Even Is Employment-Based Immigration Anyways?

So basicly employment-based immigration is how you get a green card—permanant residency—through your job. Sounds simple right? Its not. Its actualy extremly complicated and theres like five differant categories each with their own rules and wait times and requirements. The system was designed decades ago and hasnt realy kept up with modern workforce needs. Everyone agrees its broken but nobody can agree on how to fix it. But it is what it is and we gotta work wiht what we have.

Actualy, let me back up first because this confuses alot of people and I want to make sure were on the same page about the basics. Theres a big differance between temporary work visas and permanant residency. Your H-1B or L-1 or whatever—thats temporary. You can work, you can live here, you can pay taxes and contribute to society and raise your kids and buy a house, but eventualy it expires and you either need to renew it or get something permanant. The green card is the permanant thing. Thats what were talking about here. Once you have that, your basicly set—you can work anywhere, change jobs freely, stay as long as you want, and eventualy apply for citizenship if you want to.

The employment-based green card categories is labeled EB-1 through EB-5. And yes, the numbers matter becuase they determine priority and wait times. Let me break each one down.

EB-1 is for priority workers. This includes people wiht extraordinary ability in sciences, arts, education, business, or athletics. Also outstanding professors and researchers. And multinational executives and managers who has been working for a company abroad and are transfering to a US office. The good news about EB-1 is theres often no backlog—you can get your green card relativly quickly compared to other categories. The bad news is the standards are high. Not impossible, but definately high. More people qualify then realize it though—I’ll get to that later becuase its important. Third… actualy, I’ll come back to that point about who qualifies.

EB-2 is for people with advanced degrees (masters or higher) or exceptional ability in thier field. This also includes the National Interest Waiver category, which is a self-petition option were you dont need employer sponsorship at all. Most professionals with graduate degrees end up in this category. The wait times vary dramaticaly based off where you were born—and yes, I said born, not citizenship. More on that in a minute becuase it shocks people when they first hear it.

EB-3 is for skilled workers (jobs requiring atleast 2 years training), professionals (jobs requiring a bachelors degree), and other workers (unskilled labor). This is were alot of people end up if they dont have an advanced degree. Wait times can be brutal, especialy for certain countries. Way worse then EB-2 in many cases.

EB-4 is for special immigrants—religious workers, certain goverment employees, broadcasters, and other specific categories. Most people reading this probly arent in this category but its worth knowing it exists incase your situation changes.

EB-5 is the investor visa. You invest $800,000 to $1,050,000 in a US business that creates jobs, and you can get a green card. Its expensive obviously but it doesnt require an employer sponsor which is a huge advantage for some people. Some people wiht means choose this route to avoid the uncertainty of employer-sponsored processes entirely. The investment amount use to be lower—I think it was $500,000 for awhile—but they raised it. Anyways, thats a whole differant topic.

Most people reading this article are probly looking at EB-2 or EB-3. Those require employer sponsorship, labor certification (called PERM), and alot of waiting. Alot of waiting. Like, way more waiting then you probly expect. Studies show that most people underestimate how long this process takes by a factor of 2 or 3. In my experiance, thats absolutly true. I’ve seen it happen over and over.

Why Does Where You Were Born Matter So Much? The Country of Birth Trap.

Heres something that shocks people and honestly seems kinda unfair when you first hear it. Your wait time for a green card isnt based on your citizenship. Its based on where you were born. Not where your from. Not your passport. Not where you grew up or went to school or worked for 20 years. Where you literaly came out of your mother. Thats it. Thats what determines your wait time. For all intensive purposes, your birth certificate controls your immigration destiny.

Why does this matter? Becuase theres per-country limits on how many green cards get issued each year. No single country can recieve more then 7% of the total employment-based green cards. Sounds fair on paper right? The problem is demand isnt distributed evenly across countries. Certain countries—India and China especialy—have massive backlogs becuase so many talented people from those countries work in US industries like tech and healthcare and finance.

Were talking 10+ years for EB-2 and EB-3 if you were born in India. 10 years. A decade. Just waiting for your “priority date” to become current so you can actualy file the final paperwork. And I’m not exagerating—the current backlog for India EB-2 is over a decade, and some estimates suggest it could stretch to 50+ years for certain categories if nothing changes legislativly. Thats not a typo. Fifty years. You could literaly die of old age waiting for your green card. Supposably there are people who have been waiting since the early 2000s and still dont have thier green cards.

I know what your thinking. “But I’m a Canadian citizen now” or “I’ve lived in Germany for 20 years” or “I was raised in Australia since I was 2 years old.” Doesnt matter. If you were born in India, you wait in the India line. Born in China, China line. Its based off birth, period. The statue… wait, I mean the statute is very clear on this point. No exceptions based off where you currently live or what passport you hold or how long youve been away from your birth country.

The only exception—and this is important so pay attention—is if your spouse was born somewhere else. Sometimes you can “charge” to thier country instead of yours. So if your born in India but married to someone born in Canada, you might be able to use Canada’s allocation instead of India’s. Its called cross-chargeability. But this is complicated adn you definately need a lawyer to navigate it properly. Done wrong, you could loose this advantage permanantly. Not something you want to mess up.

Meanwhile someone born in Canada or France or basicly anywhere except India, China, Mexico, or the Philippines? Thier wait might be 2-3 years or less. Same job, same qualifications, same employer, completly differant timeline. Is it fair? Probly not. Well, definately not if your being honest about it. Alot of people think its deeply unfair and theres been legislation proposed to fix it but nothing has passed yet. But its the law as it currently stands, and knowing the reality helps you plan accordingly rather then being suprised later.

Real talk: if your born in India and looking at EB-2 or EB-3, you need to think very carefuly about your long-term strategy. Maybe EB-1 is possible wiht the right case—more people qualify then think they do. Maybe the National Interest Waiver could work for your situation. Maybe you explore other options entirely. But jsut sitting in the EB-2 line hoping things speed up? Thats probly not a great plan. I’ve seen people waste years becuase they didnt understand this reality upfront and didnt explore alternatives. Dont make that mistake.

How Long Does This Actualy Take? The Real Numbers Nobody Wants to Tell You.

Everyone wants to know: how long? Its the first question people ask. And every website says “it varies” or “depends on your situation” or some other non-answer that doesnt actualy help you plan your life. Super helpful right? Let me give you actual numbers becuase thats what you realy need to make decisions.

The employment-based green card process has multiple steps, and each one takes time. Significant time. More time then most people expect when they start. Heres the breakdown of what your actualy looking at.

Step 1: PERM Labor Certification. Before your employer can even FILE your green card petition, they need to prove no qualified American worker wants your job. This is called PERM—Program Electronic Review Management. It involves recruiting for the position, advertising it in newspapers and online, documenting that no qualified US workers applied or that those who applied werent actualy qualified, and alot of paperwork. The Department of Labor reviews this, not USCIS, which means its a completly differant agency wiht differant processing times.

Timeline for PERM: 6-18 months. And theres no premium processing for PERM—you jsut wait however long DOL takes. Nothing you can do to speed it up. Pay more money? Doesnt help. Have a great lawyer? They cant make DOL move faster. Hire a lobbyist? Still doesnt help. You jsut wait. Its frustrating but thats the reality.

I should mention—actualy this is realy important and alot of people dont understand this—when someone says “I started my green card” or “my employer filed for my green card,” they often mean thier employer started PERM. Thats not even the green card application yet. Thats jsut step one of like four or five steps. The actual green card petition hasnt been filed at that point. So when your coworker says “I filed 6 months ago,” ask them specifically what was filed. PERM? I-140? I-485? These are very differant things wiht very differant timelines and people confuse them all teh time.

Step 2: I-140 Immigrant Petition. After PERM is approved—and only after, you cant do this concurrently—your employer files Form I-140 wiht USCIS. This is the actual immigrant petition were USCIS evaluates wether you qualify for the category your applying under. USCIS reviews your qualifications, the job requirements, and your employer’s ability to pay the offered wage now and in the future.

Timeline for I-140: 4-8 months normally if you dont premium process. BUT—and this is important—you CAN pay for premium processing here. Its $2,805 extra and guarantees a response within 15 business days. Not an approval necesarily, but a response—either approval, denial, or Request for Evidence asking for more documentation. This is one place you can actualy speed things up by paying more. Most people should probly do premium processing for I-140 if they can afford it. The peace of mind alone is worth it, trust me on this.

Step 3: Wait for Visa Number. This is the part that kills people emotionaly. Even after your I-140 is approved and your qualified and everthing is in order, you might have to wait—sometimes years, sometimes a decade, sometimes longer—for a visa number to become available. This is controlled by the Visa Bulletin, which the State Department publishes monthly and which determines who can move forward.

The Visa Bulletin has two charts that matter: “Final Action Dates” and “Dates for Filing.” USCIS announces each month which chart applies for that month. I cant tell you how many people have filed based off the wrong chart and wasted months or even had thier applications rejected. Your lawyer should handle this, but you should understand it too. The differance between these charts can be years of additional waiting if you mess it up.

If your priority date is current (meaning the date when your PERM was filed is earlier then the date shown in the Visa Bulletin for your category and country), you can proceed to teh next step. If not, you wait. Born in India filing EB-2? Your probly waiting years. Maybe a decade. Maybe longer depending on how the backlog moves. Born in France filing EB-2? Might be current immediantly or within a few months. Its that dramatic a differance between countries.

Step 4: I-485 Adjustment of Status or Consular Processing. Once your priority date is current, you either file I-485 to adjust status (if your in the US already) or do consular processing at a US embassy abroad (if your outside the country).

Timeline for I-485: 8-24 months depending on your field office and how backed up they are. And no, theres no premium processing for I-485 either. People keep hoping USCIS will offer it but they havent yet. You can pay for premium processing on the associated work permit (EAD) and travel document (Advance Parole), but not on the I-485 itself which is the actual green card application. The green card application jsut takes however long it takes and you wait.

So whats the total realistic timeline? Lets add it up for differant scenarios:

Best case for someone born outside the backlogged countries: PERM (6 months on the fast end) + I-140 wiht premium (1 month) + I-485 (12 months if your lucky) = about 19 months to 2 years if everthing goes perfectly and theres no RFEs or delays. Nothing goes perfectly though, so realistically plan for 2-3 years minimum.

For someone born in India filing EB-2 or EB-3? PERM (6-18 months) + I-140 (1-8 months) + Visa Bulletin wait (10+ years currently) + I-485 (8-24 months) = 12-15+ years total. Possibly much longer depending on how the backlog moves adn wether any legislation passes. Some people estimate 20+ years for certain scenarios.

I wish I was exagerating but I’m not. These are the real numbers based off current processing times and backlogs. Anyone who tells you differant is either uninformed or trying to sell you something. Plan for the realistic timeline, not the best case scenario.

What Does All This Actualy Cost? Real Numbers Nobody Wants to Publish.

I know what your thinking becuase everyone thinks this. All this process, all these forms, all these lawyers—what does it actualy cost? Everyone says “costs vary” which is technicaly true but also completly useless when your trying to plan your finances and figure out if you can afford this. Let me give you real numbers that nobody else wants to publish becuase their worried about scaring people or becuase they want you to call them first.

Government filing fees (these are unavoidable no matter what—you cant negotiate them or avoid them):

PERM filing itself is free to file wiht DOL, but the recruitment and advertising the employer has to do costs them $3,000-$5,000 or more depending on the job and location. Newspaper ads in major markets are expensive. Job board postings add up. Documentation and legal work for the recruitment process takes time. Some employers pass this cost to the employee, some dont. Ask upfront so you know what your dealing wiht.

I-140 petition fee is $715 currently. Premium processing for I-140 adds $2,805. So your looking at $715-$3,520 jsut for the I-140 depending on wether you premium process or not. Most people should premium process—its worth it for the peace of mind and faster processing.

I-485 adjustment of status is $1,440 per person. So if you have a spouse and two kids, thats $1,440 times four—$5,760 jsut in I-485 fees for your family. Biometrics is $85 per person, so add another $340 for a family of four. Medical exam runs $200-$400 per person depending on the doctor and your location, so another $800-$1,600 for the family. Work authorization (EAD) and travel document (Advance Parole) are now included wiht I-485 which is nice—use to be seperate fees that added up quick.

Just goverment fees for a family of four going through PERM to I-485: roughly $8,000-$12,000 minimum. And thats before you pay a lawyer anything. The goverment fees alone are significant.

Attorney fees (what you pay your lawyer for thier expertise and time):

Simple H-1B extension wiht no complications: $2,000-$4,000. Thats jsut maintaining your current status, not getting a green card. Pretty straightforward work for an experianced attorney.

Full PERM + I-140 + I-485 package: $8,000-$15,000 or more depending on the firm and complexity of your case. Some firms charge flat fees for the whole package, some charge per stage, some charge hourly. Some include unlimited consultations and emails, some charge for every phone call and question. Ask about fee structure upfront so you dont get suprised wiht bills you werent expecting.

EB-1A self-petition (extraordinary ability): $10,000-$25,000 becuase its complex and requires building a very strong evidentiary case wiht lots of documentation. Expert letters, evidence of achievements, detailed legal arguments for why you qualify. The lawyer does alot more work on these cases then on a standard PERM case.

EB-2 NIW (National Interest Waiver): $8,000-$18,000 for similar reasons—these are complex cases that require substantial preparation and a strong legal argument for why waiving the job offer requirement benefits the national interest. Not cookie-cutter work.

EB-5 investor cases: $25,000-$50,000+ in legal fees becuase of the investment documentation, source of funds verification, business plan review, securities compliance, and due diligence required. Plus the $800,000-$1,050,000 investment itself obviously. These are major undertakings.

Heres something important that varies alot between employers—some employers pay attorney fees as part of sponsorship as a benefit to recruit and retain talent. Some dont pay anything and expect you to cover it all yourself. Some employers pay all goverment fees too. Some make you pay them. Some pay for the employee but not for dependants like spouse and kids. This is all negotiable when you get the job offer, and its absolutly worth asking about and getting in writing before you accept. The differance between an employer who pays everthing versus one who pays nothing could be $15,000-$25,000 or more out of your pocket. Thats real money.

Hidden costs people always forget about until they come up: document translations ($50-$200 per document, and you might need 10-20 documents translated from your home country), credential evaluations ($100-$300 to have your foreign degree evaluated as equivalent to a US degree), certified copies of degrees and transcripts, passport photos (seems small but adds up), travel for consular interviews if you do consular processing instead of adjustment of status, taking time off work for USCIS appointments and biometrics. It adds up faster then you expect. I’d budget an extra $1,000-$2,000 for miscellaneous expenses that will definately come up.

Honest total budget for a full employment-based green card for an individual: $10,000-$25,000 depending on whos paying what and which category your in. For a family of four? $15,000-$35,000 is realistic when you add up everthing. These numbers might seem high but compare them to the alternative—loosing your job, your visa status, your life in America, having to uproot your family and move back to a country your kids have never lived in. Its worth the investment. I’ve seen it happen to people who tried to cut corners and it wasnt pretty.

What Happens If You Loose Your Job? The 60-Day Nightmare.

This is the question that keeps people up at night. What if you get laid off? What if your company goes under or gets acquired? What if your boss is terrible adn you want to quit? What if you get fired for something stupid? The anxiety around this is real and I completly understand it becuase I’ve talked to hundreds of people dealing wiht this exact fear.

If your on an H-1B and you loose your job, you have 60 days. Not 61. Not 90. Not “roughly two months give or take.” Sixty days exactly from your last day of employment. Thats your grace period to either find new employment and transfer your visa, change to another status (like B-2 tourist or F-1 student), or leave the country. Miss that window and your out of status. Unlawfully present. Deportable. Everthing youve built here—your home, your community, your career, your kids friendships and schools—at risk.

60 days sounds like alot until you actualy try to find a new job, go through interviews, get an offer, negotiate salary, have them agree to sponsor your visa, have thier lawyers file H-1B transfer paperwork, and get it submitted to USCIS. All in 60 days. While your stressed about loosing your job. While your savings are being drained paying rent and bills without income. While your family is worried and asking questions you cant answer. Its extremely tight. Not impossible—people do it all the time and succeed—but extremely tight and stressful.

This is why people stay in terrible jobs they hate. Jobs wiht abusive bosses who yell at them. Jobs that underpay them compared to thier American colleagues doing the same work. Jobs wiht no growth potential or future. Becuase thier terrified of the visa situation and what happens if they loose status. Thier employer knows this and sometimes exploits it, holding the visa over thier heads. “If you dont like it, you can leave—oh wait, you cant, can you?” Its an ugly dynamic that effects millions of skilled workers in America. I’ve seen it happen over and over and it makes me angry every time.

But heres the thing—and this is realy important so pay attention—if your green card process is already underway, you might have more options then you think. Dont assume your stuck jsut becuase your employer has leverage over you.

Theres something called AC21 portability that alot of people dont know about. If your I-140 has been approved AND your I-485 has been pending for atleast 180 days, you can change employers without starting over from scratch. Your green card application follows you to the new job. The new job has to be in the same or similar occupational classification—you cant go from software engineer to pastry chef—but you dont need to redo PERM. You dont need to refile I-140. Your priority date—which might represent years or even a decade of waiting—stays wiht you.

AC21 is a genuine lifeline. A game changer for people stuck wiht employers who treat them badly becuase they hold teh visa over thier heads. Once you hit that 180-day mark wiht I-485 pending, you have options. Real options. Freedom. I’ve seen people leave toxic work situations once they understood this rule and realized they werent as trapped as they thought. Its liberating.

But you have to know about it. And you have to plan for it. And ideally you have a lawyer helping you navigate the transition so you dont mess it up. Done wrong, you could mess up years of waiting and have to start over. Done right, you escape a bad situation without loosing your place in line. The stakes are too high to wing it.

Real talk: the 60-day grace period is brutal if your not prepared for it. Having your resume updated and ready, maintaining your professional network actively, knowing which employers in your field sponsor H-1Bs and are open to transfers—this is survival planning, not optional career advice. Having a lawyer you can call who already knows your case and can move fast makes a huge differance when crisis hits. I’ve seen people loose status becuase they waited too long to get help after a layoff, thinking they had more time then they did. Dont be that person. Plan ahead.

Can You Sponsor Yourself? The Self-Petition Options Nobody Talks About.

Heres something most people dont know and that changes everthing for some people: you dont always need an employer to sponsor you. There are self-petition options where YOU are the petitioner. No employer dependency. No PERM labor certification. No waiting for your company to “look into it” while months tick by. No fear of layoffs derailing your case. You control your own destiny.

The two main self-petition categories are EB-1A (extraordinary ability) and EB-2 NIW (National Interest Waiver).

EB-1A is for people at the very top of thier field. And before you say “thats not me, I havent won a Nobel Prize or an Olympic medal or cured cancer”—hold on. Jsut wait. Hear me out. The standard is “extraordinary ability” not “world famous genius.” The regulations list specific criteria, and you need to meet atleast 3 out of 10. Things like:

Major awards or prizes in your field (doesnt have to be Nobel—industry awards, best paper awards, employee of the year at a major company, these can count). Membership in associations that require outstanding achievement for admission. Published material about you in professional publications or major media. Evidence you’ve judged the work of others in your field as a peer reviewer or competition judge. Original contributions of major significance to your field through research or innovation. Authorship of scholarly articles in professional journals or major trade publications. Work displayed at artistic exhibitions or showcases. Leading or critical role in distinguished organizations. High salary compared to others in your field—top 10% or so. Commercial success in performing arts.

You only need 3 of these, not all 10. Scientists, researchers, engineers, artists, athletes, business executives, entrepreneurs, doctors—more people qualify then realize it. I’ve seen software engineers qualify becuase of patents, publications in technical conferences, and high salary compared to thier peers. I’ve seen business people qualify becuase of leadership roles at major companies and original contributions to thier industry. Its not jsut for Nobel laureates and Olympic athletes. Not even close. If you have real accomplishments in your field, its worth exploring.

EB-2 NIW is for people whose work benefits the national interest of the United States in ways that justify waiving the normal job offer requirement. Sounds vague right? It is somewhat, which is both good and bad. But basicly if your work has substantial merit and national importance, you have a good track record of success, and its more beneficial for the US to waive the job offer requirement then to require it—you might qualify. Researchers, doctors working in underserved areas or on important health issues, engineers working on important technologies or infrastructure, scientists advancing American competitiveness, educators. The standard got clarified in a case called Matter of Dhanasar in 2016, and since then more people have been able to use this category successfully.

The advantages of self-petition are huge and cant be overstated. No employer needed—you control your own case and timeline. No PERM—saves 6-18 months of waiting right off the bat. More flexibility—you can change jobs, start a company, do whatever you want professionally without worrying about sponsorship. And for EB-1A specificaly, theres often no per-country backlog—priority dates are frequently current, meaning you can file I-485 immediantly instead of waiting years. For someone born in India, this could mean the differance between a 2-year process and a 15-year process. Thats not an exageration. Its life changing.

The downside? You need to build a strong case wiht substantial evidence. Letters from experts in your field attesting to your achievements, documentation of your accomplishments, detailed legal arguments for why you qualify under the criteria. This is why these cases tend to cost more in attorney fees—theres jsut more work involved in building a winning case. But for the right person, its absolutly worth exploring. If you think you might qualify, consult wiht a lawyer who handles these cases regularly. The consultation alone could change your entire immigration strategy and save you years of waiting.

Do You Actualy Need to Hire a Lawyer? Honest Answer.

Look. Heres the honest answer becuase I’m not gonna sugarcoat this or give you some non-answer. Can you technicaly file immigration paperwork yourself? Yes. The forms are public on the USCIS website. The instructions are available. Theres nothing legally stopping you from doing it yourself. Should you? In most cases, probly not. And I’ll explain why even though I know it sounds self-serving coming from a law firm.

Immigration law is incredibly complex. Were talking about thousands of pages of statutes, regulations, policy memos, court decisions, administrative precedents, and agency guidance that changes regularly. The forms theirselves are confusing and use legal terminology in specific ways. The instructions often contradict theirselves or fail to explain important nuances that affect how you should answer questions. What seems like a simple question—”What is your current immigration status?”—can have multiple correct answers depending on how USCIS interprets your specific situation and history.

Small mistakes—wrong date format, missing signature, incorrect supporting document, ambiguous answer to a question, forgetting to include something that seems minor—can result in Requests for Evidence that delay your case months while you scramble to respond, or outright denials that affect your future applications and create legal issues. And a denial isnt jsut a “try again next time” situation. A denial goes on your record permanantly. It can affect future applications for years. It can create legal issues if you answered something inconsistently between applications. It can waste years of waiting and priority date if you have to restart the process from scratch.

The consequenses of mistakes are severe and sometimes irreversible. I’ve seen people’s cases completly derailed by simple errors that a lawyer would of caught immediantly during review. I’ve seen people loose years of waiting becuase they didnt understand a requirement or deadline. I’ve seen people become deportable becuase of mistakes they made trying to save money on legal fees. Its penny wise and pound foolish as the saying goes.

What does an immigration lawyer actualy do for you? They evaluate which category your eligible for and which gives you the best chance of success given your specific background. They handle communication wiht USCIS so you dont accidentally say something problematic or inconsistent. They prepare your petition to minimize RFE risk—and this is huge, becuase RFE rates for self-filed cases are way higher then for professionally prepared cases. They respond to RFEs effectively when they do happen, knowing what USCIS is looking for. They track deadlines so you dont miss them. They know the current trends—what USCIS is approving, what thier scrutinizing, how adjudicators at differant service centers tend to decide cases. They fix problems before they become disasters. They give you peace of mind that someone who knows what thier doing is watching out for you.

When do you definately need a lawyer? If your case has any complexity at all—prior visa denials, criminal history even minor stuff like a DUI or shoplifting charge from years ago, gaps in employment, overstays of previous visas, switching between visa categories. If your doing a self-petition like EB-1A or NIW that requires building a case. If you’ve recieved an RFE or denial already. If your in removal proceedings or have ever been. If theres any chance of complications. If your peace of mind is worth the cost—and for most people it is.

When might you be okay without one? Maybe—and I stress maybe—for simple H-1B extensions where nothing has changed from your previous filing and your employer’s HR department handles everthing using thier regular immigration counsel. Even then, having a lawyer atleast review the filing before submission isnt a bad idea and doesnt cost much. The cost of a lawyer review is a tiny fraction of what you loose if your case gets denied becuase of a preventable mistake that a professional would of caught.

Heres how I think about it. The cost of a good immigration lawyer for an employment-based green card is $8,000-$15,000. The cost of a denied case—starting over, loosing years of priority date, potentially loosing your job and visa status, having to uproot your family—could be hundreds of thousands of dollars in lost income and life disruption, not to mention the emotional toll. The math isnt even close. Get a lawyer. A good one who specializes in employment immigration, not a generalist who does a little of everthing. Its the best investment you can make in your future here.

What About Premium Processing? When Does It Help and When Doesnt It?

People always ask about premium processing. Can I jsut pay more to make this faster? Sometimes yes, sometimes no. Let me break down exactly when premium processing is available and when it isnt so you know what your options actualy are.

PERM Labor Certification: No premium processing available. Doesnt exist. You wait however long DOL takes to process your application. Nothing you can do to speed it up. Currently thats around 6-18 months depending on the complexity of your case and DOLs backlog at the time. Just gotta wait it out.

I-140 Immigrant Petition: Yes, premium processing is available here. $2,805 extra for a guaranteed response within 15 business days. This is almost always worth it in my opinion. The peace of mind alone is worth the money, but also having your I-140 approved faster gives you more options and security. Approved I-140 means you can stay in H-1B status beyond the normal 6 year limit if your priority date isnt current. Means AC21 portability clock starts ticking sooner. Just do it if you can afford it.

I-485 Adjustment of Status: No premium processing available for the green card application itself. People keep hoping USCIS will offer it but they havent yet. You wait 8-24 months depending on your field office and current backlogs. Nothing to speed it up except making sure your application is complete and error-free so it doesnt get delayed for RFEs. You can premium process the EAD work permit and Advance Parole travel document that come wiht I-485, but not the green card itself. Those are seperate forms wiht seperate processing.

H-1B Petitions: Yes, premium processing available. $2,805 for 15 business day processing. Very common to do this especialy for transfers when your worried about the 60-day deadline or when you need to start a new job quickly. Employers often pay for this as part of the transfer.

So basicly—you can speed up I-140 and H-1B wiht money. You cant speed up PERM or I-485 no matter how much your willing to pay. Plan accordingly and dont assume premium processing will save you everywhere becuase it wont. Build realistic timelines knowing what can and cant be accelerated.

The Visa Bulletin: How to Actually Read It Without Loosing Your Mind

Everyone talks about the Visa Bulletin but nobody actualy explains how to read the thing. Its confusing. Theres two charts that look similar. The dates dont seem to make sense at first. What does “current” mean? What about “unavailable”? Let me break it down so you actualy understand what your looking at.

The Visa Bulletin comes out monthly from the State Department, usually around the middle of the month for the following month. It tells you wether visa numbers are available for your specific category (EB-1, EB-2, EB-3, etc.) and country of birth. If visa numbers arent available for your category and country, you cant file I-485 or do consular processing—you jsut wait until they become available.

Theres two charts that matter: “Final Action Dates” and “Dates for Filing.” The Final Action chart shows when USCIS will actualy approve your green card and make a final decision. The Dates for Filing chart shows when you can submit your I-485 application to get in line, even if approval will come later. These are differant things and using teh wrong chart will mess up your timeline and potentially waste months.

Each month, USCIS announces which chart applies for that month—sometimes Final Action, sometimes Dates for Filing. You have to check thier website. Your lawyer should definately be checking this. If the Dates for Filing chart applies and your priority date is earlier then the listed date for your category and country, you can file I-485 even if final approval will take longer. If Final Action applies, you need your priority date to be earlier then that charts date to proceed.

What does “current” mean? It means theres no backlog for that category and country—visa numbers are available immediantly. If your category and country shows “C” for current, you can file anytime without waiting. This is the best situation to be in and usually only applies to countries wihtout big backlogs.

What does “unavailable” mean? It means no visa numbers at all are available right now for that category and country. You cant file anything. Just wait and check next months bulletin. This happens sometimes for heavily oversubscribed categories when they run out of numbers for the fiscal year.

Your priority date is the date your PERM application was filed wiht DOL (for most EB-2 and EB-3 cases) or the date your I-140 was filed (for EB-1 cases that dont require PERM). This date is crucial. It determines your place in line. Protect it. Dont do anything that makes you loose it like withdrawing your petition or letting your employer abandon the process.

Retrogression is when the dates move backwards from one month to the next. Yes, this happens and its incredibly frustrating. Your priority date might be current one month and then not current the next becuase too many people filed. Its unfair feeling but it happens when demand exceeds supply of visa numbers. If your close to filing I-485, watch the bulletin closely and file as soon as your eligible rather then waiting and risking retrogression.

Common Mistakes That Destroy Immigration Cases

Let me warn you about mistakes I’ve seen destroy peoples cases over the years. Avoidable errors that turned managable situations into disasters. Some of these stories I probly shouldnt share but thier instructive for understanding what not to do.

Mistake #1: Unauthorized employment. Working without proper authorization—even one day, even one hour—can create serious problems. Makes you inadmissable. Can permanantly bar you from green card. If your between jobs or your EAD work permit is expired or your in a status that doesnt allow work, do not work. Not even checking email for your old job. Not even “jsut helping out” a friend wiht thier business. Not even freelance projects on the side. Nothing. Zero work. The consequences arent worth it.

Mistake #2: Traveling wihtout proper documents. If you travel outside the US while your I-485 is pending wihtout Advance Parole travel authorization, your application is considered abandoned automaticaly. Years of waiting, gone. All that money spent on legal fees, wasted. Get Advance Parole before you travel internationally. Or jsut dont travel until you have your green card in hand. I’ve seen people loose everthing becuase of a family emergency trip they thought would be fine or a vacation they booked without checking thier immigration status first.

Mistake #3: Not maintaining underlying status. While your waiting for your green card, you need to maintain valid nonimmigrant status. Usually H-1B. If your H-1B expires and you didnt extend it thinking your I-485 was enough, your out of status even if I-485 is pending. Keep your H-1B current until you have the green card physicaly in hand. Dont assume anything.

Mistake #4: Lying or misrepresenting on applications. Any misrepresentation—even small lies, even lies by omission, even “forgetting” to mention something embarassing—can result in permanent inadmissability. Fraud bars that never go away. Criminal charges in serious cases. If you made a mistake in the past or have something in your history your worried about, disclose it properly wiht lawyer help. Dont try to hide it and hope nobody notices. USCIS has access to alot of databases you dont know about. They often find out. The cover-up is always worse then whatever your trying to hide. Always.

Mistake #5: Missing deadlines. Immigration has hard deadlines that cant be extended or negotiated. Respond to RFE in 87 days (use to be 30 days for some) or your case is denied automaticaly. File I-485 when your date is current or wait months for it to be current again. Renew your EAD before it expires or you cant work legally. Miss a deadline and theres often no fix. No extensions. No second chances. No “but I was busy” excuses that work. Just consequenses. Put everthing in your calender wiht reminders.

Mistake #6: Not keeping copies of everthing. Keep copies of every document you submit to USCIS. Every receipt notice they send. Every approval notice. Every piece of correspondence. Immigration records can get lost—it happens more then youd think. You might need to prove what was filed and when years later. If you dont have copies, your stuck trying to reconstruct things from memory. I’ve seen cases delayed years becuase records were lost at USCIS and the applicant had no copies to prove what happened.

Mistake #7: Relying on bad advice from non-lawyers. Your coworker is not an immigration lawyer. Reddit is not an immigration lawyer. That guy at the party who “went through this” is not an immigration lawyer. Everyone has opinions about immigration. Few people actualy know the law and how it applies to your specific situation. Get professional advice from someone qualified. The cost is worth it compared to the cost of messing up your case following advice from well-meaning but clueless freinds or strangers on the internet.

What Should You Do Right Now? Your Action Plan.

So heres the bottom line. If your worried about your immigration status, if your visa is expiring, if your employer keeps promising sponsorship but nothing actualy happens, if your feeling stuck and anxious about your future—you need to act. Not next month. Not when things calm down at work. Not after the holidays. Not when you have more time. Now. Today. This week at the latest.

First, understand your current status clearly. What visa are you actualy on? When exactly does it expire? What extensions are available to you? Whats your realistic timeline given your country of birth and category? If you dont know the answers to these questions, thats a problem. Ignorance is not a defense in immigration law and wont save you from consequenses.

Second, have a real conversation wiht your employer if your waiting on sponsorship. Not “well look into it.” Not “sometime next quarter.” Concrete commitments wiht dates. Will they sponsor you for a green card or not? When exactly will they start the PERM process? Will they pay attorney fees or are you responsible? Will they pay goverment filing fees? Get it in writing if possible—email confirmation at minimum. Promises mean nothing wihtout documentation. I’ve seen employers promise sponsorship for years and never follow through.

Third, consult an immigration attorney before making any major moves that could affect your status. Before you quit your job. Before you accept a new offer. Before you travel internationally. Before you get married to someone wiht differant immigration status. Before you do anything that might affect your immigration situation. One wrong move can derail years of planning and waiting. An hour consultation can save you from disasters you didnt even know were possible. Its worth the cost of a consultation to understand your options.

At Spodek Law Group, our team—led by managing partner Todd Spodek—has helped countless professionals navigate the employment-based immigration system over the years. We understand what your going through becuase weve seen it hundreds, maybe thousands of times. The anxiety about status. The confusion about which category to pursue. The feeling like your life is in someone elses hands. The fear that one wrong move ruins everthing youve worked for. Our Brooklyn office is ready to help—call us at 212-300-5196 to schedule a consultation.

Your future in America doesnt have to be uncertain. But you have to take action to secure it. The system rewards people who are proactive, prepared, and properly represented. The clock is ticking. Your visa has an expiration date. Dont wait until its too late to realize you should of started months ago. I’ve seen it happen too many times.

Call now. Career on the line. Future on the line. Family on the line. Time isnt on your side but a good lawyer can be. Dont wait another day.