Employment based Immigration
Employer Sanctions
In recent acts, employers have had the opportunity to employ work authorization for employees who were once not able to work in the United States. The Employment Eligibility Verification (form I-9), it reduces the number of acceptable documents, allowing employers with the possibility of a good-faith defense against technical paperwork violations and provides some protection against governmental sanctions and even criminal prosecution.
H-1B Visa
The H-1B visa may be used to bring a worker temporarily into the United States if on a temporary basis the employee will work in a "speciality occupation." This visa can be used for three years and up to six years.
Employment/Investor Visas
The United States offers visas to bring a worker temporarily to the United States if the employee will work in a "specialty occupation" or a professional position.
If your country of nationality has a treaty with the United States then you may be eligible for an investment visa.
Immigrant Visas based on Employment
- Employment Based Immigration
EB-1 classification requires no job offer or labor certification and is available to the following:
- Workers of extraordinary ability;
- Outstanding professors and researchers; and
- Multinational executives and managers.
EB-2
- Workers who are members of the professions holding advanced degrees or their equivalent, and
- Workers, who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States.
EB-3
- Skilled workers (at least two years of experience required);
- Professionals (baccalaureate degree required for position and alien); and
- Other workers (less than two years experience required for position). - Labor Certification. Our firm can assist you with your application to the Department of Labor to certify that there exists an insufficient number of U.S. workers who are able, willing, qualified, and available at the place of proposed employment, and that employment of the alien for whom certification is sought will not adversely affect the wages and working conditions of U.S. workers similarly employed (the employer must therefore be offering the job at the "prevailing wage" in the particular market).
Other Nonimmigrant visas exist for students, TN visas for citizens or nationals of Mexico or Canada, exchange visitors, visitors for pleasure and visitors for business purposes. Call our office today so that we can discuss these options in further detail.