Employment-Based Immigration
If your business needs help with immigration sponsorship, we are here for you.
Employment Visa Options:
We will advise you of the best options available for your organization, but here are some of the more common employment visa categories:
H-1B (Specialty Occupation): The most prevalent visa classification for professionals, H-1B visas are available for jobs that typically require at least a bachelor’s degree in a specific specialty. Companies may hire professionals with existing H-1B visas by filing a petition with USCIS. Professionals that do not have a previous H-1B must be selected through a lottery process held every March or work with a cap-exempt employer, such as universities or nonprofit organizations affiliated with universities.
L-1 (Intracompany Transferee): Companies that have a presence overseas can transfer managers, executives, and specialized knowledge workers in a foreign country to the United States with an L-1 visa.
TN (Professionals from Canada/Mexico): TN visa classification lets companies hire Canadian and Mexican professionals to work in a specific list of occupations.
E (Treaty Traders/Investors): Qualifying foreign-owned businesses in the United States may bring their owners, executives, managers, and essential employees to the United States using E visas.
O-1 (Extraordinary Ability): Companies may sponsor people with extraordinary ability (i.e., those among the top in their specific field) to work in O-1 visa status.
F-1 OPT (Students): International students are eligible to work for one year after graduation (or three years for those with STEM degrees). Students work with their school to handle the OPT application, reaching out to the employer for information about the position. Students using OPT often ask their employers to submit them into the H-1B lottery so they may continue working after their OPT authorization ends.
R-1 (Religious Workers): Religious denominations and organizations may hire ministers and other religious works using R-1 visas.
P-1 (Athletes & Entertainers): Professional athletes, entertainers, and their support staff can join internationally recognized teams, groups, and competitions using P-1 visas.
Green Card (Permanent Residency) Options:
Employees who wish to remain in the United States permanently may ask their employers to sponsor them for U.S. permanent residency, which is commonly called getting a green card. There are several categories of permanent residence, each with different requirements and wait times based on annual quotas:
EB-1 (Multinational Manager/Executive): Managers and executives that spent at least one year in a managerial or executive position abroad may qualify for the first preference category.
EB-1 (Extraordinary Ability): People with extraordinary ability in business, science, arts, etc. (i.e., among the very top in their field) can self-sponsor or get sponsorship from an employer under the first preference category.
EB-1 (Outstanding Professors/Researchers): Professors and researches with international recognition for outstanding achievements in their academic field and seeking a tenure track teaching or comparable research position at a university may qualify for the first preference category.
PERM (Labor Certification): Most people (i.e., those who do not qualify for the other categories) must go through PERM labor certification to get a green card. This process takes at least two years to get through the required labor market test and applications to DOL and USCIS. Employees will either qualify under the second or third preference categories depending on whether the job requires an advanced degree or equivalent experience (EB-2) or is a professional, skilled worker, or other worker (EB-3).
National Interest Waiver (NIW): Employers or individual self-petitioners can seek to avoid PERM labor certification by qualifying for a national interest waiver. This requires showing the person’s proposed endeavor (work) has substantial merit and national importance, that they are well-positioned to advance the endeavor, and it would benefit the United States to waive the labor certification process. Those seeking an NIW must also qualify for the second preference category (EB-2) by having an advanced degree (or equivalent) or exceptional ability.
EB-4 (Special Immigrants): Ministers may qualify for a green card through the Special Immigrant Religious Workers category. There are also various other ways to qualify for EB-4 classification.
EB-5 (Immigrant Investors): Foreign nationals who invest in new commercial enterprises that create at least 10 jobs may qualify for an EB-5 green card.