Helping Clients with the Complexities of Employment-Based Immigration
America has long been known as the land of opportunity, the place where immigrants can pursue their dreams and seek their fortunes. It’s a country built by immigrants and one that still presents many opportunities for foreign-born workers to come to our shores in hopes of a better way of life.
However, the immigration process is not simple and straightforward, and there is no shortage of potential pitfalls wherein foreign nationals may slip up and have their immigrant petition denied or delayed indefinitely. For this and so many other reasons, it is highly recommended to retain professional legal representation from a law firm familiar with the ins and outs of America’s immigration laws.
Contact our team today for help attaining a permanent work visa.
What Are Different Types of Work Visas?
There are over 100,000 visas available annually for immigrants who wish to come to America for employment reasons. Those who possess an extraordinary ability or an advanced degree worthy of international acclaim may potentially be eligible to become green card holders in the United States.
As part of the application process, you and your immigration attorney must prove that you are eligible for an employment-related visa by showing that you qualify for one of the categories of permanent worker visas.
EB-1 Visa
The EB-1 visa is for individuals who possess an exceptional ability in the fields of science, athletics, arts, education, or business. The EB-1 worker visa also extends to professors, international managers, business executives, and researchers. No labor certification is required for this category of permanent worker visa.
EB-2 Visa
The EB-2 immigrant visa is for foreign workers with exceptional abilities in business, the arts, or sciences or members of any of these professions with advanced degrees. Unless a national interest waiver is obtained, labor certification is required for this category.
EB-3 Visa
The EB-3 visa is for professionals, skilled workers, and general workers. Labor certifications are also required for this category.
EB-4 Visa
The EB-4 work visa is for people considered special immigrants. Often, it is for alien minors who are legally considered wards of US courts, religious workers, US foreign service post employees, and retired international organization employees. No labor certification is required for this category.
EB-5v Visa
And finally, the EB-5 work visa is for business investors who are looking to invest in a new commercial enterprise in the United States that provides full-time employment for at least ten U.S. citizens.
In addition to these permanent work visas, there are other employment-based visas of temporary legal status. To learn more about the many employment-based visas available, including those for registered nurses, agricultural workers, and other workers, please get in touch with our law firm to discuss your eligibility.
How Can a Foreign National Obtain Authorization to Work in the United States?
As a Tampa immigration attorney, we understand that the path to securing lawful permanent residency through employment in the United States can seem challenging. Navigating the process to obtain a permanent work visa requires careful preparation and knowledge of immigration law, especially given the variety of options available. Employment-based visas fall into two main categories: nonimmigrant and immigrant visas. Nonimmigrant visas allow foreign workers to stay and work in the U.S. temporarily, while immigrant visas, also known as permanent work visas, grant the right to live and work permanently as lawful permanent residents.
For certain employment-based immigrant visas, having a job offer from a U.S. employer is essential. In these cases, your prospective employer becomes your sponsor, and they are responsible for obtaining the necessary labor certification from the U.S. Department of Labor. This certification verifies that hiring a foreign worker won’t negatively impact the job opportunities or wages of U.S. workers.
The process of applying for employment-based visas can involve extensive paperwork and compliance with government regulations, often requiring in-depth documentation and attention to detail. At our law firm, we work closely with clients and their sponsoring employers to ensure applications are completed accurately, guiding you each step of the way. Reach out to our team to learn more about the application process and how we can assist you in achieving your immigration goals.
What is the PERM Labor Certification Process?
The program electronic review management (PERM) is the first step in employment-based immigration sponsorship. This test analyzes the current US job market and confirms with the Department of Labor that no willing or qualified US workers are able to fill the job opening. If no willing and able US worker is located, a foreign worker could provide the necessary skill set.
A US employer is granted PERM by completing the following, according to Department of Labor guidelines:
- Ensured that the job opportunity was posted for at least ten consecutive days at the place of employment.
- Have placed at least two advertisements in a newspaper on two different Sundays that circulate within the employment area.
- Have submitted a job order to the State Workforce Agency.
- Posted about the job in accordance with all normal recruitment procedures according to company policy.
- Performed at least three additional recruitment options, such as using external employment websites, on-campus recruitment, employee referrals, and job fairs.
Once the labor certification is issued, a lawyer will help file Form I-140, the Immigrant Petition for Alien Worker.
How We Can Assist With Your Visa Application
The right visa can make a foreign worker a lawful permanent resident of the United States, provided they are eligible for a permanent work visa. Employment visas have many benefits, but the immigration process is complicated and full of opportunities to make mistakes that could be very costly. It is highly recommended that anyone considering applying for a work visa first speak with an experienced visa attorney.
Attorney Ernesto Buitrago is a member of the Florida Bar and the American Immigration Lawyers Association (AILA). A great deal of his focus and immigration law has been devoted to crafting innovative solutions for clients looking to immigrate from their home country to the United States for reasons of employment. He is uniquely qualified to handle your immigration case and is eager to get to work.
To discuss our legal services and how our counsel may benefit your immigration case, don’t hesitate to get in touch with us to schedule a free case review today.
Why Work with Immigration Lawyers for Employment-Based Immigrant Visas?
Pursuing a permanent work visa without consulting a dedicated immigration attorney can expose you to a range of risks that may delay or jeopardize your application. As immigration law evolves, even a small error or misunderstanding in your visa application can have serious consequences, from delays and additional expenses to outright denials. By navigating this complex process alone, you assume the risk of missing essential documentation, failing to meet eligibility requirements, or overlooking necessary procedural steps that can affect your visa’s approval.
One of the primary risks of handling your application without legal guidance is missing deadlines and required paperwork. Immigration authorities have strict standards and timelines, and failing to meet them can lead to complications. For example, a missing or incomplete document can result in a Request for Evidence (RFE), which will not only delay your application but may also require extensive proof to satisfy immigration authorities. Additionally, eligibility criteria for permanent work visas can vary depending on your specific situation, such as your employment offer, qualifications, and work history. Attempting to handle these legal requirements alone can lead to mistakes that impact your ability to obtain lawful permanent residency.
Another risk of applying without a permanent work visa lawyer involves changes in immigration law or policy that could affect your application. Immigration laws frequently change, and being unaware of recent updates can mean missed opportunities or requirements. Attorneys stay current with immigration policies and ensure applications meet all guidelines.
Schedule a Free Consultation with an Experienced Immigration Lawyer Today
There are several benefits to employment-based visas, but that does not mean that they are easy to obtain.
Tampa immigration attorney Ernesto Buitrago has years of experience dedicated to the practice of immigration law. If you are an alien worker in pursuit of employment-based visas, please get in touch with our law firm to schedule your free initial consultation with the attorney and his highly skilled legal team. With our legal counsel, we feel confident that we can help you through the petition process and, with a good case, help foreign workers immigrate to the United States for employment.
Schedule your free case evaluation with our legal staff today at 866-519-3545.