Employment based immigration law
Guiding you through employment immigration
Employment Immigration Process
We can help you and your employees immigrate to the U.S.
Employment-based immigration process
Identifying your company’s situation
Most common employment-based visa options
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
Are spouses or children allowed to travel with those who have obtained an employement-based work visa?
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.