Employment-based Immigration Services
There is a variety of employment-based Non-Immigrant and Immigrant Visas that employers may choose from when considering sponsoring their employee for employment and/or Permanent Residence.
We help our clients to navigate the rules, regulations, strategic and timing considerations, and government agencies that they will encounter as they go through the employment-based immigration process.
We handle the following business immigration visas:
NON IMMIGRANT VISAS FOR PROFESSIONALS
- H-1B Visa. The H-1B visa is designed for individuals who intend to take on professional positions in the U.S. (“specialty occupations”). Those occupations require at least the equivalent of a job – relevant, four year U.S. bachelor’s degree. The sponsoring H-1B employer must also comply with Department of Labor regulations applicable to this visa category. H-1B visa allows a U.S. Company to employ a foreign individual for up to six years.
- H-2B Visa. The H -2B visa may be an option for individuals in positions that are not “specialty occupations”, or for which the candidate lacks the qualifications/experience for an H-1B visa. It may be defined as a work permit for any type of qualifying full time temporary work.
- E-3 Visa. E-3 visa is granted exclusively to Australian citizens. The E-3 category has similar requirements to the H-1B visa category. The position being offered must require a bachelor's degree, or equivalent work experience, and the individual filling the position must possess the equivalent of a U.S. bachelor's degree that is related to the position. The sponsoring employer must also comply with Department of Labor regulations applicable to this visa category.
- TN Visa. The TN visa is a visa category that was created as part of the NAFTA agreement of the U.S., Canada, and Mexico. It allows Canadian and Mexican citizens to enter the U.S. to work in one of the job categories specified in the Agreement. The employee must be offered employment that is listed in NAFTA and the employee must satisfy the requirements associated with the job category.
- L-1 Visa. The L-1 classification is a temporary work permit for individuals who have been employed abroad for one year in a qualifying capacity and who are coming to the U.S. to perform qualifying work for a related company in the United States.
- O-1 Visa. The O-1 visa is available for those with “extraordinary ability” in sciences, arts, education, business, or athletics, or who have demonstrated record of Extraordinary Achievement in the motion picture or television industry.
NONIMMIGRANT VISAS FOR TRAINEES
- J-1 Visa. The J-1 Visa is issued to foreign students, scholars, experts, international visitors, and business trainees who are coming to the U.S. to participate in J-1 Programs for purposes of studying, gaining experience and doing research.
- H-3 Visa. This visa is for foreign employees of U.S. companies and institutions to come to the U.S. to participate in established company training programs.
PERMANENT RESIDENCE/ GREEN CARD THROUGH EMPLOYMENT
The U.S. based Employer may sponsor an individual for permanent residence in the United States based on a position with the company or on the individual's activities or hierarchy within the company. Depending on the duties performed, the level and requirements of the position, and the individual's background. For most employment – sponsored immigrants, the permanent residence process comprises of:
- Labor Certification
- Immigrant Visa Petition
- Application for permanent residence.
The labor certification requirement does not apply to multinational managers and executives, outstanding researchers and professors, extraordinary and exceptional ability individuals, national interest waiver immigrants and immigrant investors.
For more information or to see if you may qualify for an employment based visa or permanent residency, please contact our office.