Employment based immigration law

Guiding you through employment immigration​

Employment Immigration Process

lawyer helping a columbus employee get a us visa

We can help you and your employees immigrate to the U.S.

Are you an employer or employee that needs a visa to move to the U.S. for work? Are you unsure what visa you need or which one applies to your line of work? We understand the complications of work visas and have the ability to help your organization by making the process easier and quicker. Employment-based immigration law is one of our practice focuses and we have dealt with hundreds of cases across many different industries, assisting our clients with their various immigration needs.

Employment-based immigration process

Identifying your company’s situation

We will first identify your employment situation in order to determine which category you fall under. In some cases a foreign national may qualify for more than one employment-based visa option, in which case an evaluation will be required to determine which option may be the most advantageous for the employer and the sponsored individual. We have mentioned below some of the common options that are available to you for employment-based immigration to the U.S.
employment based immigration for businesses and employees

Most common employment-based visa options

U.S. Immigration law provides foreign nationals with multiple ways through which they can obtain temporary work visas and also become permanent residents through employment in the U.S. The following are some common temporary work visas and employment-based preference immigrant categories:

Temporary employment-based visas

  • H-1B: Professional workers who are engaged in a specialty occupation that requires at least a college degree or higher, or the equivalent work experience, may qualify for an H-1B visa that is subject to an annual quota of 65,000, with an additional 20,000 set aside for U.S. graduates with an advanced degree. Once issued, a foreign national may remain in H-1B status for three years at a time, up to six years maximum.
  • H-2A and H-2B: There is an annual 66,000 visa quota for the H-2B category; no quota for the H-2A category. Only nationals of eligible countries may participate in the H-2A and H-2B visa programs. The list of eligible countries updates periodically.
  • L-1A and L-1B: Individuals who wish to transfer from an international office to its U.S. subsidiary, branch or affiliate office may be eligible for an L-1A or L-1B visa as an intracompany transferee, either at the executive/management level (L-1A) or if they have a specialized expertise (L-1B). There are no visa quotas. The petitioning entity must establish the requisite relationship between the international and the U.S. entities, as well as proving that the proffered position along with the applicant’s qualifications are eligible for an L-1A or L-1B visa category.
  • TN: Qualified Mexican and Canadian citizens seeking temporary admission into the United States to engage in eligible professions as listed in Appendix 1603.D.1 of NAFTA/USMCA may apply for a TN visa. There are no annual quotas, and once approved, a TN visa holder may live and work in the United States for up to three years at a time, with indefinite renewals.
  • O-1: Foreign nationals who possess extraordinary skills in the sciences, arts, education, business, athletics, or television industry may qualify for an O-1 visa, which may be granted for up to a maximum of three years, with unlimited extensions in one-year increments.

Permanent employment-based immigration:

  • First preference (EB-1) green card – priority workers: It covers those people who have an extraordinary ability, including business professionals, academics, researchers, scientists, artists or athletics. Petitioners may initiate an EB-1 process by the filing of Form I-140 with the U.S. Citizenship and Immigration Services.
  • Second preference (EB-2) green card – persons with advanced degrees or person with exceptional ability: Such a visa is available to professionals who hold an advanced degree or its equivalent, or a foreign national who has exceptional ability.
  • Third preference (EB-3) green card – skilled workers, professionals or other workers: These are available to those people who hold a bachelor’s degree and are skilled or unskilled laborers and have a non-temporary offer of employment at the U.S.
  • Fourth preference (EB-4) green card – special immigrants: It is a special category of visa which is available to specific religious workers, employees of the U.S. foreign service posts, and retired employees of international organizations.

Potential problems during employment immigration

How your application could get denied

Employment immigration issues:

Your employment immigration application could get denied if you are not careful when filling out all the forms and submitting the documents. It is crucial that you enter all the correct information and don’t miss out attaching any document with your application.

A lot of times people face trouble in attaining their employment-based immigration visas because they did not apply for the correct category that was applicable to them. Therefore, if you don’t want to waste your time, money and energy, then you should definitely hire the services of an employment-based immigration lawyer who will look into all these details for you and make it a hassle-free process for you.

Can the employee immigrating be paid?

The employer has to prove they have the ability to pay an employee. If the accounting and tax return documents prove that the sponsoring employer is unable, the application can be denied.

Was work performed with authorization?

Use of a social security number for unauthorized work can be a red flag as the applicant is permitted to only work for those authorized and this could cause a green card application to be denied.

Inconsistencies or lying about work history

Not all people are truthful when it comes to applying to jobs and their work history as you may be trying to get a job that is above your current position. Lying about work history can cause your application to be denied for fraud.

Income tax discrepancies

Obtaining a visa will allow you to work prior to obtaining a green card. When applying for a green card, tax returns will be reviewed and if income came from illegal employment that you were not authorized for, this could be an issue. Correct financial paperwork must be presented to prove the income was legal.

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It is not easy to apply for an employment-based immigrant visa in the U.S. You will benefit a lot by hiring the services of an employment-based immigration lawyer who will be able to explain your options to you, help you with your application, and protect the employee and employers interests through the entire immigration process.

Get a one-on-one consultation with Jane so she can identify your needs on how we can help you.

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See our Frequently Asked Questions below for commonly asked questions about employment-based immigration

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Frequently asked employment immigration questions

The cost of an employment-based visa process will vary depending on the complexity of the case. Attorney fees may range from $1500 to $4500. The applicable government filing fees may be reviewed by visiting Filing Fees | USCIS and Fees for Visa Services (state.gov).

4-7 months is a very common timeframe for US work visas to be approved. The length of stay is dependent on why type of visa you’re approved for and why you’re staying. Permanent residency may be applicable in the future through an employment-based green card process that may often take years to complete.

It depends on the type of visa obtained and the duration of which the employed will be in the US. In many cases, yes, dependent family members are allowed to travel to the US with those who obtained the visa.