Most employers are surprised by the H-2B to EB-3 green card timeline — and that surprise is what derails the process. From prevailing wage request to a worker arriving as a permanent resident, you're looking at four to five years under current conditions. That's not a reason to wait. It's a reason to start now. The pipeline rewards early action, and every year you delay is a year further back in line.

PERM is the DOL labor certification process required before an employer can sponsor a foreign national for an EB-3 green card. The concept mirrors H-2B: prove no qualified U.S. worker is available. The difference? This one leads to permanent residence. From prevailing wage determinations to mandatory recruitment and 18+ month processing times, the mechanics matter — and so do the pitfalls.

Tech startups can access multiple U.S. immigration pathways including H-1B, L-1 (for transfers and new offices), O-1A (extraordinary ability), EB-2 National Interest Waiver (NIW), and EB-5 investor visas. Each option has specific requirements and benefits—from employer sponsorship needs to eligibility criteria. Choosing the right visa depends on the startup’s goals, founder’s qualifications, and business plans. Contact Kirchner Law for tailored guidance.

Choosing the right immigration lawyer can make all the difference in your journey to live or work in the United States. Your first meeting is a key opportunity to evaluate whether the attorney has the experience, communication style, and strategy that align with your needs. In this post, we outline the most important questions to ask during your consultation so you can make an informed decision and move forward with confidence.

The EB-3 PERM visa program is a powerful tool for small businesses, such as landscaping companies, hospitality providers, construction...