Employment-Based Immigration Lawyer in San Antonio, TXH-1B Visas · PERM Labor Certification · EB-1 / EB-2 / EB-3 · NIW Petitions

The Echavarria Law Firm provides employment-based immigration legal services in San Antonio, Texas, and represents both workers and sponsoring employers. Elizabeth Echavarria is a San Antonio employment-based immigration lawyer, the principal attorney of The Echavarria Law Firm, and a licensed member of the State Bar of Texas with more than 15 years of immigration law experience. The Echavarria Law Firm handles H-1B specialty occupation visas, PERM labor certification, EB-1, EB-2, and EB-3 green card petitions, National Interest Waiver (NIW) self-petitions, and I-140 filings for professionals across Bexar County and South Texas.

Employment cases fail on sequencing — a PERM recruitment error, a missed prevailing wage step, or the wrong category choice costs a year, not a week. The Echavarria Law Firm serves clients at 118 E Ashby Pl, San Antonio, TX 78212, and every consultation, filing, and interview is available in English and Spanish.

Employment-Based Green Card Categories: EB-1 Through EB-5

Category	Who Qualifies	PERM Required?
EB-1	Extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), multinational executives and managers (EB-1C)	No — EB-1A allows self-petition
EB-2	Advanced-degree professionals and persons of exceptional ability	Yes — unless a National Interest Waiver is granted
EB-3	Professionals with bachelor’s degrees, skilled workers (2+ years training), other workers	Yes
EB-4	Special immigrants, including religious workers and certain long-term U.S. government employees	No
EB-5	Investors placing $800,000 (targeted employment area) to $1,050,000 in a job-creating U.S. enterprise	No — self-petition

Category selection is the single highest-leverage decision in an employment case: the difference between EB-2 with a National Interest Waiver and standard EB-3 with PERM can be years of waiting and an entirely different evidence burden. The Echavarria Law Firm evaluates every qualifying credential — degrees, publications, awards, executive history, investment capacity — before committing a case to a category.

Work Visas The Echavarria Law Firm Handles in San Antonio

PERM Labor Certification: The Three-Stage Process

1. Prevailing Wage Determination

The sponsoring employer requests a prevailing wage determination from the U.S. Department of Labor, which sets the minimum salary for the position based on occupation and location. The Echavarria Law Firm prepares the request so the job description supports the case without inflating the wage unnecessarily.

2. Recruitment

The employer runs a prescribed recruitment campaign — job order, print advertisements, and additional steps for professional roles — to test the U.S. labor market. Recruitment errors are the leading cause of PERM denials and audits; The Echavarria Law Firm scripts each step and documents everything to audit standard.

3. ETA Form 9089 Filing and Certification

After the mandatory quiet period, the employer files ETA Form 9089 with the Department of Labor. Once certified, the case proceeds to the I-140 immigrant petition with USCIS, and eventually to adjustment of status or consular processing when the priority date becomes current.

The National Interest Waiver (NIW): A Green Card Without an Employer

The National Interest Waiver lets an EB-2 applicant skip both PERM labor certification and employer sponsorship entirely. The applicant must show a proposed endeavor with substantial merit and national importance, be well positioned to advance that endeavor, and demonstrate that waiving the job-offer requirement benefits the United States.

NIW petitions suit researchers, physicians, engineers, entrepreneurs, and STEM professionals whose work carries impact beyond a single employer. The Echavarria Law Firm builds the NIW evidence package — publications, citations, letters from independent experts, and the endeavor statement — and files the I-140 as a self-petition, meaning your green card case belongs to you, not to your employer.

Employment-Based Immigration Costs in San Antonio (2026)

Item	Fee
H-1B electronic registration	$215
I-129 H-1B petition (employer filing fee)	$460 – $780 (by employer size)
ACWIA training fee (employer)	$750 – $1,500
Fraud prevention and detection fee (employer)	$500
PERM labor certification (Department of Labor)	No filing fee
I-140 immigrant petition	$715
I-485 adjustment of status	$1,440
Premium processing (optional, I-129/I-140)	$2,805
Attorney fees — employment-based green card	$3,000 – $7,000+

USCIS and Department of Labor fees are estimates under the current G-1055 fee schedule and are subject to change. The Echavarria Law Firm provides written flat-fee agreements before every case. Full breakdown in the 2026 Immigration Lawyer Cost Guide.

Employment Green Card Timelines by Category (2026 Estimates)

Stage / Category	Estimated Timeline
Prevailing wage determination	5 – 8 months
PERM recruitment and filing	3 – 5 months
PERM adjudication (Department of Labor)	12 – 16 months
EB-1 (petition to green card)	1 – 2 years
EB-2 / EB-3 (petition to green card)	2 – 5+ years
NIW (I-140 self-petition)	Skips PERM entirely — saves 18 – 24 months

Timelines include agency adjudication plus visa bulletin waits; country of birth significantly affects EB-2/EB-3 queues. Premium processing compresses I-140 adjudication to 15 business days. See the San Antonio USCIS Timelines & Costs Guide for 2026.

How The Echavarria Law Firm Handles Your Employment Case

1. Credential & Category Assessment

The Echavarria Law Firm reviews degrees, licenses, publications, work history, and the sponsoring employer’s profile, then selects the category — and flags whether an NIW or EB-1A self-petition beats the PERM route for your facts.

2. Strategy, Wage & Recruitment Planning

The Echavarria Law Firm maps the full sequence — prevailing wage, recruitment, filing windows, premium processing decisions — with the timeline and budget in writing before the first form is filed.

3. Petition Preparation & Filing

The Echavarria Law Firm prepares the PERM or self-petition evidence package, the I-140, and supporting expert letters, quality-reviews every document, and files with the Department of Labor and USCIS.

4. Adjustment, Consular Processing & Beyond

The Echavarria Law Firm handles the final green card stage — adjustment of status at the San Antonio USCIS field office or consular processing abroad — plus RFE responses, and tracks the path to citizenship once residency begins.

Why San Antonio Professionals Choose The Echavarria Law Firm

15+ years of exclusive immigration practice. Elizabeth Echavarria has practiced immigration law exclusively for more than 15 years — employment petitions are handled with the same case rigor as the firm’s family and humanitarian work.

Both sides of the petition. The Echavarria Law Firm represents sponsoring employers and beneficiary workers, so filings anticipate what the other side of the case needs.

Self-petition strategy. The Echavarria Law Firm evaluates every case for NIW and EB-1A eligibility first — the routes that free the green card from employer control.

San Antonio local knowledge. The Echavarria Law Firm knows the San Antonio USCIS field office procedures and the South Texas employer landscape, from medical and research institutions to cross-border USMCA businesses.

Bilingual from start to finish. Consultations, document review, and interview preparation in English and Spanish.

Frequently Asked Questions — Employment-Based Immigration San Antonio

What is employment-based immigration?

Employment-based immigration is the set of legal pathways to U.S. work status and permanent residence built on your profession, skills, or investment rather than family ties. Temporary work visas (H-1B, L-1, TN, O-1) authorize employment for a sponsoring employer, while the EB-1 through EB-5 green card categories lead to permanent residence.

Most EB-2 and EB-3 cases require a sponsoring employer and PERM labor certification; EB-1A, the National Interest Waiver, and EB-5 allow you to petition for yourself.

What are the EB-1, EB-2, and EB-3 green card categories?

EB-1 covers extraordinary-ability individuals, outstanding professors and researchers, and multinational executives — no labor certification required, and EB-1A permits self-petitioning. EB-2 covers advanced-degree professionals and persons of exceptional ability, normally with PERM unless a National Interest Waiver applies. EB-3 covers bachelor’s-degree professionals, skilled workers with 2+ years of training, and other workers — always with PERM.

The right category depends on your credentials and your country’s visa bulletin queue, and choosing it correctly is the highest-leverage decision in the case.

What is PERM labor certification and how long does it take?

PERM labor certification is the Department of Labor process proving no qualified U.S. worker is available for the sponsored position. It runs in three stages: a prevailing wage determination (5–8 months), a prescribed recruitment campaign (3–5 months), and adjudication of ETA Form 9089 (12–16 months). There is no government filing fee, but recruitment errors are the leading cause of denials and audits.

Only after PERM certification can the employer file the I-140 immigrant petition with USCIS.

What is a National Interest Waiver (NIW)?

A National Interest Waiver is an EB-2 petition that waives both the job-offer and PERM requirements. You must show a proposed endeavor with substantial merit and national importance, that you are well positioned to advance it, and that waiving the labor-market test benefits the United States — the framework from Matter of Dhanasar.

NIW suits researchers, physicians, engineers, entrepreneurs, and STEM professionals, and because it is a self-petition, the green card case belongs to you rather than your employer. Skipping PERM typically saves 18–24 months.

Can I get an employment green card without an employer sponsor?

Yes — through three self-petition routes: EB-1A for demonstrated extraordinary ability, the EB-2 National Interest Waiver for work of national importance, and EB-5 for investors placing $800,000 (in a targeted employment area) to $1,050,000 into a job-creating U.S. enterprise.

The Echavarria Law Firm screens every employment case for self-petition eligibility first, because a green card you control is worth more than one tied to a single employer.

Can I go from an H-1B visa to a green card?

Yes — H-1B to green card is the most common employment pathway. The employer typically starts PERM labor certification, then files the I-140, and you file for adjustment of status when your priority date becomes current. H-1B status is “dual intent,” so pursuing a green card does not jeopardize the visa, and extensions beyond the normal 6-year limit are available once the green card process reaches certain milestones.

Timing matters: starting PERM by year 4 of H-1B status protects your extension options.

How much does an employment-based immigration lawyer cost in San Antonio?

Attorney fees for an employment-based green card in San Antonio run $3,000–$7,000+ depending on category and complexity. Government fees are separate: $715 for the I-140, $1,440 for adjustment of status, employer-side H-1B fees of roughly $1,700–$3,000, and optional premium processing at $2,805. PERM itself has no Department of Labor filing fee.

The Echavarria Law Firm provides written flat-fee agreements before your case begins. See the 2026 cost breakdown for details.

What employment immigration services does The Echavarria Law Firm offer?

The Echavarria Law Firm handles H-1B registrations and petitions, L-1 transfers, TN status, O-1 petitions, PERM labor certification, EB-1/EB-2/EB-3 green card petitions, National Interest Waiver self-petitions, I-140 filings, premium processing strategy, RFE responses, adjustment of status, and consular processing — for both sponsoring employers and individual professionals.

Every service is available in English and Spanish. Principal attorney Elizabeth Echavarria has practiced immigration law exclusively for more than 15 years. Contact the firm for a confidential case evaluation.