Employment-Based Immigration Lawyers

Understanding Employment-Based Immigration

Employment-based immigration allows those seeking employment opportunities in the United States to pursue visas to immigrate either temporarily or permanently. From nonimmigrant visas like the H-1B and L-1 to immigrant visas like the EB-1 and EB-2, each category has its own requirements and procedures.

SimVisa offers comprehensive assistance with various employment visa types, ensuring that individuals and employers alike receive trustworthy guidance and support throughout the immigration process. With our help, you can embark on your immigration journey with confidence.

What’s the Difference Between Immigrant and Nonimmigrant Employment Visas?

The primary difference between immigrant and nonimmigrant employment visas lies in their intent and duration of stay. Here’s a brief overview:

• Nonimmigrant Employment Visas:
  • Intent: Temporary stays in the U.S. for specific purposes, such as work, study, or tourism.
  • Duration: Holders are authorized to stay in the U.S. for a limited time and are expected to return to their home country upon completion of their authorized stay.
  • Examples: H-1B, L-1, TN, E-2, and O-1 visas.
• Immigrant Employment Visas:
  • Intent: Meant for individuals who intend to permanently reside and work in the U.S.
  • Duration: Holders are granted lawful permanent resident status (Green Card), allowing them to live and work in the United States indefinitely.
  • Examples: EB-1, EB-2, EB-3, and EB-5 visas.

In summary, nonimmigrant employment visas are for temporary stays, while immigrant employment visas provide a pathway to permanent residency in the United States. The choice between these visa categories depends on the individual's goals, employment situation, and eligibility criteria.

Immigrant Employment Visas (Employment-Based Green Cards)

The U.S. can grant a green card to employment-based immigrants. To do this, an employer must petition for your benefit, or commonly referred to as sponsor you, for an employment green card or you can self-petition without an employer under certain circumstances such as if you’re an EB-5 investor, EB-1 alien of extraordinary ability, or a National Interest Waiver EB-2.

An employment-based green card lawyer from SimVisa can guide you and your employer through the process of seeking these five types of immigrant visas:

EB-1: Priority Workers

You do not need an employer to sponsor you for an EB-1A visa. But your business immigration attorney will help you prove that you have sustained international acclaim in science, art, education, business, or athletics.

For an EB-1B visa, you must have at least three years of teaching or research experience and international recognition in your field. A university must sponsor you with an offer for a tenure-track teaching or research position.

You can enter the U.S. to work in a managerial or executive capacity on an EB-1C visa. You must have worked for your sponsoring employer for at least one of the preceding three years.

EB-2: Professionals with an Advanced Degree or Persons with an Exceptional Ability

You have three paths for an EB-2 visa:

• Proving exceptional ability and “expertise significantly above that ordinarily encountered” in the arts, sciences, or business.
• Holding an advanced degree (master’s degree or above) or a bachelor’s degree with five years of experience in your field.
• Submitting documentation that you have a job in an area of substantial intrinsic merit and national scope that justifies a National Interest Waiver.

Except for the National Interest Waiver, the occupation must qualify for Foreign Labor Certification. Labor certification means that there was no qualified U.S. employee that your employer was able to hire.

EB-3: Skilled, Professional, and Unskilled Workers

An EB-3 visa also has three categories:

• Skilled workers can get a visa with at least two years of experience or training and a job with a Foreign Labor Certification.
• Professional workers who have a bachelor’s degree or its equivalent can secure a visa with a profession in the U.S. that requires their degree and has Foreign Labor Certification.
• Unskilled workers with less than two years of experience or training can still get a visa if Foreign Labor Certification has been issued for their occupation.

For all three categories, you must have a full-time job offer in the U.S.

EB-4: Special Immigrants

The U.S. uses the EB-4 visa to address specific foreign nationals such as:

• Religious workers
• Members of the U.S. armed forces
• Afghan or Iraqi translators or interpreters
• Iraqis or Afghans employed by the U.S. government or International Security Assistance Force (ISAF)

Except for religious workers and military personnel, employment-based EB-4 visas are granted based on past employment.

EB-5: Immigrant Investors

Foreign nationals can apply for a green card after investing at least $1,050,000 in a U.S. business or $800,000 if the business is located in a rural area or high-unemployment region. The company that receives the investment must create at least 10 full-time jobs.

If approved, the investor and, if any, the investor’s spouse and children under the age of 21 will receive conditional permanent residence and thus green cards that expire in 2 years. In the 90-day period prior to the expiration of the 2-year green card, a petition to remove conditions on residence must be filed.

Visas for Non-Immigrant Employees

Temporary worker visas are granted to workers who plan to return to their home countries after a temporary stay in the U.S. This program allows employers to bring in foreign national employees for specific projects and work as well as allows foreign investors and entrepreneurs to invest into the United States.

E-1 Visa

The E-1 visa facilitates foreign nationals engaged in substantial trade with the U.S. This visa promotes international commerce by allowing eligible treaty traders and their employees to conduct trade activities within the country.

E-2 Visa

The E-2 visa is designed for foreign nationals making substantial investments in a U.S. business. This visa encourages economic growth by enabling eligible treaty investors and their employees to actively manage their investments and contribute to the U.S. economy.

L-1 Visa

Companies use an L-1 visa to transfer a foreign worker to a U.S. location within the same or related company. The foreign national must have specialized knowledge or be an executive or a manager.

H-1B Visa

The H-1B is the most common employment-based immigrant visa for temporary skilled workers. H-1Bs are granted through a lottery system.

TN Visa

The TN allows accountants, engineers, lawyers, pharmacists, scientists, teachers, and other professionals with advanced degrees to temporarily enter the U.S. from Mexico or Canada.

E-3 Visa

These visas are granted to Australian nationals with advanced degrees temporarily entering the U.S. to engage in a specialty occupation.

R Visa

The R visas are employment-based immigrant visas used by churches to hire foreign nationals to work as certain religious workers in the U.S.

Q Visa

Employers use Q visas as employment-based immigrant visas to hire foreign workers for cultural exchange programs that teach Americans about the foreign country's history, culture, and traditions.

How We Can Help

The helpful immigration attorneys at SimVisa provide comprehensive assistance with various aspects of employment immigration law, including:

• Visa Selection: Our team will help you identify the most suitable visa category based on your qualifications, job offer, and long-term goals.
• Application Preparation: We’ll guide you through the entire application process, ensuring that all forms are completed accurately and submitted on time.
• Essential Documentation: We’ll assist you in gathering and organizing the required documentation, such as educational credentials, work experience, and job offer letters.
• Immigrant Petition Filing: We’ll handle the preparation and submission of your immigrant visa petition, including any necessary supporting evidence or employer sponsorship.
• Official Communication: We’ll act as your liaison with immigration authorities, responding to inquiries and addressing any issues that may arise during the application process.
• Case Management: Our team will provide ongoing support and updates on the status of your application, keeping you informed at every step.
• Appeals and Waivers: If your application is denied or requires additional documentation, we can help you navigate the appeals process or apply for waivers when applicable.

With our unparalleled legal knowledge and personalized approach, we strive to make the employment immigration process as smooth and efficient as possible.