Employment-Based Immigration

In today’s global marketplace, many individuals are looking to relocate to the U.S.  temporarily for work or to establish a business in this country. At the same time, many U.S. companies are seeking to hire key foreign workers and relocate them and their families to the U.S.

Our firm can assist you navigate the complex U.S. immigration process, secure the right visa for your situation, and structure your business in a manner consistent with your immigration needs.

Non-Immigrant Visas for Temporary Employment

If you are looking to come to the United States for a temporary job, then you will need to obtain a non-immigrant employment visa.

There are many different types of non-immigrant visas suitable for your needs.

  • B-1 visa allows individuals to come temporarily to the U.S. for business purposes, such as to attend business meetings and trade shows or conferences, to participate in a short-term training, or to negotiate contracts.
  • E1 & E-2 visas are suitable for foreign businesspeople from certain specified countries coming to the U.S.  temporarily to engage in trade between the U.S. and the individual’s home country, or to develop and/or direct a business.
  • F-1 visa allows the student to work on or off-campus under certain conditions.
  • H-1B visa is suitable for individuals coming to the U.S. to perform services in a specialty occupation requiring at least a bachelor’s degree or its equivalent in on-the-job experience, or for  fashion models of distinguished merit and ability.
  • H-2A visa is used by U.S. employers for temporary, agricultural jobs.
  • H-2B visa is available to U.S. employers who wish to hire foreign nationals for non-agricultural, temporary jobs – for example, jobs at ski mountains, beach resorts, amusement parks, in the landscaping or horse industries.
  • H-3 visa is suitable for trainees coming to the U.S. for on-the-job training unavailable in their home countries.
  • J visa, also known as the exchange visitor visas, may be suitable for students, physicians, researchers, au pairs, professors, interns or trainees. The J training visas are used by companies wishing to bring foreign nationals to the U.S. for up to 18 months for training purposes.
  • L-1A Visa is available for a multinational company to transfer its key managerial or executive personnel from a foreign office to an U.S. affiliate. The L-1B visa may also be used by a multinational company to transfer a professional with “specialized knowledge.”
  • O-1 visa is used by individuals of extraordinary ability in the sciences, arts, education, business or athletics, coming to the U.S. on a temporary basis.  The regulations also provide for O-2 visas for supporting workers.
  • P Visa is available for outstanding athletes, entertainment groups, entertainers, and artists in exchange programs, and supporting workers.
  • R visa is designed for ministers and those working in religious occupations and vocations.
  • TN visa is available under certain conditions to Canadians and Mexicans under the NAFTA Free Trade Agreement.

We will help you and your future employer select the right visa and guide you through the entire process.


Immigrant Visas based on Employment

You need an immigrant visa to permanently move to the United States.  One way to apply for such a visa is based on long term employment.    The U.S. immigration law provides a yearly minimum of 140,000 employment-based immigrant visas, divided in 5 preference categories.

The EB-1 category is for persons of extraordinary ability in certain fields.  If you qualify for this category you may submit the petition yourself and do not require a corporate sponsor.

The EB-2 category is for professionals holding advanced degrees or who possess exceptional ability.

The EB-3 category is for professionals, skilled workers and other workers.

The EB-4 category is for special types of workers like religious workers or retired employees of international organizations.

The EB-5 category is for investors that meet certain criteria.

Except in the case of the EB-1 category, an employer needs to submit the petition to the U.S. Government on behalf of the future employee.