Employment Immigration Attorney

Employment-Based Immigration Lawyer

Numerous visas are available to workers who wish to come to the United States to accept a job or transfer with their company. An employment immigration attorney associated with Fresh Start Immigration Law helps companies and workers navigate the process for employment-based immigration into the United States. Call now to learn more with a free consultation.

Work With an Employment-Based Immigration Lawyer to Get Your Visa

The U.S. Citizenship and Immigration Services (USCIS) offers numerous pathways for noncitizens to come to the United States for work. In general, these options are classified into two categories:

Immigrant Employment Visas

These visas are for workers who want to live and work in the United States permanently. They are a step toward obtaining lawful permanent residency, also known as getting a Green Card. Some of these visa holders will likely go on to become U.S. citizens in the future. Some types of permanent immigrant employment visas include:

• EB-1: These individuals have extraordinary abilities and are often well-recognized in their field. This could include sciences, arts, education, business, or athletics.
• EB-2: These are visas are for professionals who hold advanced degrees or exceptional abilities.
• EB-3: These individuals may be skilled workers or professionals taking a position requiring at least two years of experience or training with their particular skills.

Nonimmigrant Employment Visas

These visa holders intend to come to the United States to work temporarily. The USCIS approves these visas for a specific time, and the holder must renew them if they wish to remain in the United States. These visas do not provide a direct path to permanent residency.

Some types of temporary, nonimmigrant employment visas include:

• H-1B: This visa is for professionals in specialty occupations requiring at least a bachelor’s degree.
• L-1A and L-1B: These visas allow companies to bring their foreign managers or executives (L-1A) or employees with specialized knowledge (L-1B) to the United States.
• O-1: This visa is used for individuals of extraordinary ability or achievement in the sciences, education, business, the arts, or athletics. This could include athletes, musicians, actors, and actresses, among others.
• E-2: These individuals are nationals of a treaty country and are investors or essential employees.

Our Associated Employment-Based Immigration Attorneys Understand How These Visas Work

At Fresh Start Immigration Law, our associated immigration lawyers understand the eligibility, the role of the sponsor, and what happens after approval for each type of employment visa. The team wants to make sure your application is successful, so they will help you every step of the way, starting with helping you understand eligibility.

Eligibility for the different employment visas in the United States varies depending on the specific type. In general, you may need:

• Admissibility into the United States, meaning you meet all eligibility requirements or have a waiver of inadmissibility
• A job offer from the sponsoring U.S. employer
• The required qualifications for the job, such as degrees, experience, or specific skills
• A sponsoring employer who will petition USCIS on your behalf
• Labor Certification from the U.S. Department of Labor, when required
• Documentation of extraordinary ability or achievement, when required
• Documentation to show you meet the specific requirements of the visa category

When our associated attorneys represent a sponsoring company or worker who is pursuing an employment-based visa, we ensure all criteria are met and all documentation is submitted. This is crucial for the processing and approval of the application.

Employment Immigration Lawyers Handle Employment-Based Adjustments of Status

While there is no direct path from a temporary, nonimmigrant visa holder to apply for lawsuit permanent resident status, these visa holders may still be able to apply for a Green Card. This process begins with filing an employment-based adjustment of status.

By adjusting their status through this process, they can remain in the United States and continue working based on their nonimmigrant employment visa while the USCIS processes their adjustment of status. With their adjusted status, they can file for lawful permanent resident approval.

Our associate attorneys will guide you through this process. They can ensure you understand the process, meet the eligibility requirements, and submit the proper documents to give you the best chance of approval.

Frequently Asked Questions About Employment-Based Immigration

Our associated employment immigration attorneys can answer your questions and help you navigate the visa application process. We can also troubleshoot problems and help you deal with any issues with your visa, renewal, or adjustment of status. Contact us today to learn more.

What Is an Employment Visa Sponsor?

Most employment visas require a sponsor. The company files a petition with USCIS, which must be approved before you can receive an employment-based visa. You will also need to accept a job offer from this employer before filing your visa application.

Is There an Employment Visa Cap?

There are caps on most employment visa categories in the United States. This means there is only a limited number of each type of visa available each fiscal year. Once the USCIS processes the number of visas available, they will not issue any more for that year.

What Are the Types of Employment-Based Visas?

In general, there are two broad categories of employment-based visas. This includes:

• Immigrant Visas: These visas are for workers who intend to move to the United States to work permanently. They seek lawful permanent resident status and may later file for citizenship. Examples include the EB-1, EB-2, and EB-3 visa categories.
• Nonimmigrant Visas: These visas are for temporary workers. They intend to return to their home country. They must have strong ties to their country for approval. Some, however, will adjust their status later to remain in the United States permanently. Examples include H-1B, L-1, and O-1 visas.

Can I Get a Green Card Based on My Employment Visa?

The USCIS provides a direct pathway for immigrant visa holders with EB-1, EB-2, or EB-3 visas to become lawful permanent residents, a process commonly known as getting your Green Card. Nonimmigrant visa holders will need to adjust their status before filing additional paperwork to become lawful permanent residents.

Our associated attorneys can guide you through this process.

Discuss Your Employment-Based Immigration Needs With Our Team

At Fresh Start Immigration Law, our associated attorneys handle a wide range of immigration issues and needs, including helping companies and workers file for employment-based visas. Our team has someone available to take your call now. Contact us to learn more.