Employment-Based Immigration Lawyer in Philadelphia

Full-Service Employment Immigration Law Services for Businesses & Professionals

Most Philadelphia immigration firms handle employment-based cases. Far fewer are equipped to take those cases into federal court when USCIS denies a petition without legal basis, unreasonably delays a decision, or when a deportation order requires an emergency injunction to stop it. At Henry & Grogan, that federal court capability is a core part of what we do.

We represent employers and individual workers in all of Southeastern Pennsylvania's various industries. For employers, that means navigating H-1B sponsorship, PERM labor certifications, immigrant worker visas, and advising on how to structure remote and hybrid arrangements for foreign national employees. For individual workers, we can handle everything from temporary visa status to permanent residency, and we stay on cases if they need to go further.

Our rates are affordable, and every new client starts with a free consultation. Contact Henry & Grogan at (215) 568-1500 to talk through your situation before committing to anything.

The Different Types of Employment-Based Visas

Employment-based (EB) immigrant visas allow foreign workers to become lawful permanent residents of the U.S. Unlike temporary work visas, EB visas confer permanent status on the worker, spouse, and eligible children. Congress has established several preference categories, each with distinct eligibility requirements.

The EB preference categories include:

• EB-1A: Extraordinary ability in sciences, arts, education, business, or athletics
• EB-1B: Outstanding professors and researchers with international recognition
• EB-1C: Multinational executives and managers transferred from an overseas affiliate
• EB-2: Professionals with advanced degrees or exceptional ability, with a qualifying U.S. job offer or National Interest Waiver
• EB-3: Skilled workers, professionals, and unskilled workers in occupations with an insufficient U.S. workforce
• EB-4: Special immigrants, including religious workers, certain U.S. Armed Forces members, and certain international organization employees
• EB-5: EB-5 - Immigrant investors who create U.S. jobs through qualifying capital investment

Choosing the correct category matters. Misclassification can mean years of unnecessary waiting or outright denial. When you partner with us, we'll review your credentials, employment history, and goals before recommending a path.

Why Philadelphia Employers & Workers Choose Henry & Grogan

Employment-based immigration cases don’t always stay inside USCIS. When they move into federal court, whether through a mandamus action to seek a decision on a stalled matter or an emergency injunction to stop a removal, the firm handling the case needs litigation capability, not just filing experience. Our practice includes both.

Devin E. Grogan has obtained emergency injunctions in federal court to prevent deportation, a remedy that requires federal litigation skill that not every immigration attorney pursues. When USCIS applications stall beyond any reasonable timeline or are denied without legal basis, we can file mandamus actions in federal district court to seek agency action. 

Michael S. Henry has successfully overturned state regulations through appellate advocacy, with cases continuing to be cited in state and federal courts. His aptitude and acumen are unparalleled and a resource for all who partner with us.  

Employers specifically can benefit from our direct experience representing those in the healthcare industry seeking H-1B sponsorship, including petitions for medical residents, as well as labor certifications and immigrant worker visas. 

Employment-Based Visa FAQs 

Can My Employer Transfer My H-1B to a New Company if I Change Jobs?

Yes. H-1B portability allows you to begin working for a new employer as soon as the new petition is filed with USCIS, without waiting for approval, as long as you’re otherwise eligible and the new petition is non-frivolous. The new employer must file its own H-1B petition on your behalf.

What Is a National Interest Waiver, & Do I Qualify?

A National Interest Waiver (NIW) allows certain EB-2 applicants to self-petition without a U.S. employer sponsor by demonstrating that their work benefits the U.S. broadly. Researchers, physicians, scientists, and others with significant contributions to their fields are common candidates. Qualification depends on the nature and impact of your work, not just your credentials.

How Long Does PERM Labor Certification Take?

Department of Labor (DOL) processing times for program electronic review management (PERM )applications vary considerably, ranging from several months to over a year, depending on audit rates and DOL backlogs. 

The process begins before the PERM is even filed: employers must conduct specific recruitment to demonstrate that no qualified U.S. workers are available for the position.

We Operate Remotely. Can We Still Sponsor H-1B Workers?

Yes, but remote and hybrid arrangements require careful handling. The LCA must reflect the actual worksite location, and when employees work from home in a different metropolitan area, a new or amended LCA may be required.

What’s the Difference Between an EB-1A & an EB-2 NIW Filing?

Both allow self-petition without employer sponsorship, but the standards differ. EB-1A requires evidence of extraordinary ability: sustained national or international acclaim and recognition at the top of your field. EB-2 NIW requires showing your work has substantial merit and national importance and that you’re well-positioned to advance it. EB-1A has no priority date backlog for many countries; EB-2 NIW may. We can help you evaluate which filing makes more sense given your background and timing.

Get Help from Our Employment-Based Immigration Lawyers in Philadelphia

Seeking employment visas requires you to meet strict deadlines, navigate agency procedures, and manage legal requirements that shift with regulatory updates. Getting representation early can give you more options and reduce the risk of errors that may delay status for months or years. We offer free initial consultations for employers and workers alike, with no commitment required to learn where you stand. Don't wait. Contact us today. 

Call Henry & Grogan at (215) 568-1500 to schedule your free consultation. We represent clients in Philadelphia and nationwide.

Not sure where to start? Your first conversation with us costs nothing.

Free Consultation