Obtaining a Permanent Residence in Miami (Employment-Based)

Persons who want to relocate to Miami, United States of America (USA) should know that they are entitled to obtain a permanent residence here under several conditions. Foreigners interested in receiving a permanent residence can also obtain such a permit if they have received a job offer in the USA, which can increase the chances of approval, as the individual has more credibility if a local employer is involved. If you are interested in obtaining a permanent residence based on employment, our immigration lawyer in the USA can provide you with assistance on this matter. 

The main steps for obtaining employment-based permanent residence in Miami are also available in the video below:

Employment-based permanent residency in Miami

Immigrants relocating to Miami, USA can obtain an employment based permanent residency from the U.S. Citizenship and Immigration Services, a statutory body which can issue a limited number of such permits. It is advisable to receive the legal assistance provided by our experienced immigration attorney in Miami, as the process of obtaining the visa can be rather complicated.

Immigrants applying for this type of permit (which is also known as the American Green Card) can have a competitive advantage over other types of immigrants, as the employment based permanent residency certifies that no other American citizen was suitable for that certain job and, as such, the foreign person is considered to be an asset for the local society, by providing high-quality services. 

This is also a way to obtain USA citizenship and it can be the first step for those who wish to immigrate to the US from Canada, for example.

Types of employment-based visas in the USA in 2026

Although the employment-based visa can offer an advantage to the applicant, foreigners interested in receiving such a document should know that the government provides 5 types of permanent residency work-based visas, issued according to the level of preference expressed by the local authorities, meaning that the holders of the first type of visa are required more in the American society: 

•    EB-1 visa, issued for exceptional persons with valuable results in the fields of education, sports, business and arts;
•    EB-2 visa, issued for persons with advanced degrees (or a bachelor's degree followed by at least 5 years of progressive experience) or with exceptional ability in their field;
•    EB- 3 visa, issued for skilled workers (at least 2 years of training or experience), professionals with a bachelor's degree and other workers; 
•    EB- 4 visa, issued for a special category of individuals, including employees working for religious institutions; our immigration attorney in the USA can provide you with a detailed presentation on this visa;
•    EB- 5 visa, issued exclusively for investors who can create new jobs on the American market. 

We can guide you in applying for a residence permit in Miami in 2026. It can also be obtained by other means, such as marriage. If you want to apply for a US spouse visa, you can rely on our immigration lawyer in the USA. We can advise on the documents to draft and file, as well as the requirements your American spouse needs to meet before welcoming you. It is also useful to note that immigration through this pathway is a good option for those interested in gaining permanent residency in a short period of time compared to other types of visas.

Employment-based Green Card eligibility

As an EB-1, EB-2, or EB-3 immigrant currently residing in the United States, you must fulfill the following conditions in order to be eligible for a Green Card:

• you submit Form I-485, Application to Adjust Status or Register Permanent Residence;
  you are physically present in the United States when you file your Form I-485;
• you were inspected and admitted or paroled into the United States;
• you made sure you qualify for an immigrant visa;

When you submit Form I-485 and until USCIS issues a final decision on your application, an immigrant visa must be immediately available to you (your priority date must be current in the Visa Bulletin). For this, the job offered to you in the Form I-140, Immigrant Petition for Alien Worker, with the employer that filed the Form I-140 on your behalf must be valid. Also, you intend to accept the job once USCIS approves Form I-485. You must intend to work in the same or a similar sector as stated in Form I-140 if you filed as a self-petitioner.

Here is also a video below:

The American employer-sponsor of the foreign national

The foreign national who has received a job offer in Miami, U.S., can be sponsored by his or her employer in the process of becoming a permanent resident. In order for this to be completed, the employer will be required to obtain an Application for Permanent Labor Certification, a document which is issued by the United States’ Department of Labor. 

Only after the employer receives the document, the procedure can continue by filing the Form I-140, Immigrant Petition for Alien Worker at the USCIS. It is important to know that the application must be completed by the employer of the foreign national who has received a job offer in Miami, U.S. After this, the applicant can also obtain a residence permit in the USA.

By filing the above-mentioned documents, the American authorities will understand that there is a real intent for the respective foreigner to be employed in a local company. Also, this legal step will show that the future employee is qualified to obtain the respective job, providing him or her a competitive advantage in front of other persons who have also applied to obtain an employment-based permanent residency. 

It is also necessary to mention that the application procedure may differ depending on the visa category under which the future employee qualifies. For example, in the case of the EB-1 visa, the employer will only be required to file the Form I-140. 

On a yearly basis, about 140,000 employment-based immigrant visas are available (plus any unused family-based numbers from the previous year). We are at your service if you want to immigrate to the USA from the UK.

Why move to the USA in 2026?

Foreign citizens who plan to apply for employment-based green cards in Miami in 2026 need to prepare various documents, among which a valid work contract is one of the most important. Even so, this is one of the safest ways through which a person can move here.

If you plan to relocate to Miami in 2026 and are interested in obtaining a residence card based on employment, you can rely on our attorney. Feel free to send us any questions you might have.

We are also at your disposal with the latest information on how to obtain Miami residency based on employment at the level of 2026.

Changes in employment-based immigration programs

The content and format of Form ETA-9089 and Form I-9, which are used by businesses to verify employment, underwent program-level modifications in 2023. Other important modifications to the H-1B and F-1 programs and the processing of domestic visas were introduced in January 2025.

A revised version of Form ETA-9089 is now available on the Foreign Labor Application Gateway (FLAG) platform. In order to improve protracted DOL processes, the new Form ETA-9089 and the switch to the FLAG platform are intended to optimize the permanent labor certification process by streamlining its operations and boosting efficiency. In a pilot run from January to April 2024, the State Department allowed up to 20,000 H-1B holders to renew their visa stamps within the country, obviating the need to travel outside to apply at an American embassy or consulate; check travel.state.gov for whether domestic renewal is currently available. H-1B rules changed again in 2025-2026: a wage-weighted selection applies from the FY 2027 cap season, and a $100,000 fee on certain new H-1B petitions introduced by a September 2025 proclamation was vacated by a federal court in June 2026 (the government has appealed); check uscis.gov for the current rules.

How many employment visas are issued in the USA annually?

According to the Immigration Law, around 140,000 employment-based immigrant visas are released to qualifying applicants each fiscal year which spans between October 1^st  and September 30^th. There are 5 preference categories for which employment-based Green Cards are issued in the USA. Such employees can relocate with their close family (spouse and minor children).

The initial procedure for obtaining an employment-based immigrant visa implies filing a petition and obtaining a Labor Certification. Both steps are completed by the employer. The Labor Certification must be obtained with the Department of Labor. Please note that EB-1 petitions do not require a Labor Certification, and applicants with extraordinary ability (EB-1A) or a National Interest Waiver (EB-2) can file the I-140 petition themselves.

If you need further information on the employment-based permanent residency visa, please contact our immigration law office in the USA, which can assist your case. Our lawyer can also help you obtain other types of visas, for example, the spouse visa or US citizenship.