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Prepare a one-page immigration and employment timeline, collect the records you already have, and ask the attorney to identify which employment-based route fits the facts, what the employer must do, and what you should do next. A consultation can help map possible paths; it cannot establish eligibility or predict a personal timeline without reviewing your case.
Before the consultation: organize the facts and records
Write a concise timeline that lets counsel see the sequence of your immigration and work history. Include dates where you know them, and flag anything you are unsure about rather than guessing.
- Your current H-1B status and prior immigration statuses.
- Prior petitions or applications, including filing dates and outcomes.
- Employers, job titles, duties, and work-location changes.
- Any denials, requests for evidence, or other immigration notices.
Bring copies of available filings and decisions, passport and visa records, admission records, current employment information, education records, and letters documenting prior work experience. USCIS lists official academic records and prior-employer experience letters as examples of evidence that may support qualifications for an I-140 petition: USCIS forms and filing information. Which records matter depends on the category and the facts counsel is evaluating; the government sources do not provide a universal consultation checklist.
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If appropriate, ask HR or the person who coordinates immigration matters whether sponsorship has been approved, who will serve as the company contact, what role the employer expects to play, and which records it can provide. A general description of the immigration process does not establish your employer’s policy or commitment.
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Clarify which route is being considered
Employment-based permanent residence is not one single process. USAGov describes five employment-based immigrant visa categories and notes that requirements differ: some routes require a U.S. employer job offer, and some involve Department of Labor labor certification and an I-140 petition (USAGov: Green card through a job). A USCIS-hosted guide likewise explains that labor certification is not required for every category (USCIS guide to the green card process).
Keep the terms distinct when discussing options: EB-2 and EB-3 are immigrant visa categories; PERM is a labor-certification process used in applicable cases; and Form I-140 is an immigrant petition. They are not interchangeable alternatives. Ask counsel which category or categories appear worth evaluating and why, including what facts or qualifications distinguish them.
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When PERM is part of the case
For applicable cases, the employer pursues labor certification through the Department of Labor, including ETA Form 9089. DOL describes recruitment requirements for those cases (DOL permanent labor certification program). After certification, the employer generally submits the certification with Form I-140 to USCIS. USCIS’s guide describes a 180-calendar-day period for submitting an approved labor certification with the I-140; treat this as a specific filing rule to confirm against current official instructions, not as a prediction of how long a case takes.
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In many employer-sponsored routes, the employer files Form I-140. The worker may need to provide evidence supporting the qualifications for the role, such as official academic records or letters from prior employers documenting work experience. Ask who is responsible for each form and document, what evidence is needed for the proposed category, and whether the records you have are sufficient or need to be supplemented.
Ask about priority date and visa availability
Visa availability is a separate timing factor from completing a petition. The Department of State says approximately 140,000 employment-based immigrant visas are made available to qualified applicants each fiscal year; the fiscal year runs October 1 through September 30 (Department of State: Employment-Based Immigrant Visas). That overall allocation does not estimate an individual worker’s wait.
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Ask whether the case has a priority date, which category and country of chargeability apply, and which chart in the current Visa Bulletin counsel will use to assess availability. The State Department publishes the bulletin and directs applicants to it for current priority-date information (Department of State Visa Bulletin). Check the current bulletin with counsel; do not assume a date is current based on a different category or chargeability.
Questions to leave with answers
- Which employment-based category or categories should be evaluated, and what facts distinguish them?
- Does the route require employer sponsorship, and has the employer agreed to sponsor?
- Does the route require PERM? If so, what recruitment and filing responsibilities fall to the employer?
- Who files each form, and what information or evidence must I provide?
- What qualifications must be documented? Are my degree records, transcripts, or prior-employer letters adequate?
- Is there a known priority date? Which Visa Bulletin category and chart should be monitored?
- What should I do if my employer, job duties, or work location changes while a case is pending?
- What is the next action, who owns it, and when should we check in?
In particular, do not rely on a blanket answer about job or employer changes: consequences depend on the case stage and individual facts. Ask for advice specific to your situation before making a change or deciding how to handle one.
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Turn the meeting into a practical next-step plan
Before ending the consultation, confirm the proposed route or routes under review, the missing records or facts, the person responsible for each next action, and a check-in point. Ask counsel to identify what should be verified against current agency instructions, including forms, fees, and procedures. The relevant government sources explain broad process steps; they do not establish your eligibility, your employer’s policy, the exact evidence your case requires, or the effect of a particular status or job-history detail.
Quick Recap
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