For those who want to come to the U.S. to work—whether temporarily or on a permanent
basis, you need legal help in order to ensure all your paperwork is properly filed.
If you want to work in the United States on a more permanent basis you will need
to apply for an adjustment of status to permanent resident status based on your
permanent employment. Our Sullo&Sullo attorneys can assist you in obtaining
a labor certification from the Department of Labor which will in turn allow your
American employer to file a petition to obtain an employment immigration visa and
You may be a single employee seeking work in the United States or an employer who
is seeking labor certification on an entire group of workers—either way, we can
help you through the process. Our immigration attorneys will assess your individual
employment situation then thoroughly explain your options. We will then be with
you each step of the way to a successful outcome.
Your will first want to find out whether you are eligible for a temporary or permanent
work visa and whether you meet the criteria as set out by the USCIS as well as basic
eligibility requirements. Temporary employment visas fall under the following categories:
- H2A temporary visas for those who work in temporary or seasonal agricultural work
- H1B temporary visas for persons in specialty
occupations including distinguished models, inter-governmental research and development
workers and those employed by the DOD. A higher education degree is required.
- H2B temporary visas are for short-term
or seasonal non-agricultural work
- H3 temporary visas allow a trainee or
special education visitor to obtaineducation which is unavailable in the applicant’s
native country or attend a program of education for children with emotional, mental
or physical disabilities.
- L temporary visas apply to the transfer
of employees of multinational corporations; the applicant must demonstrate continuous
employment with the same employer for at least a year within the last three.
- O temporary visas are for those with
some type of extraordinary ability or achievement in athletics, business, the arts
or sciences or education. Those who have demonstrated extraordinary achievement
in motion picture of television may also fall under an O temporary work visa
- P temporary work visas apply primarily
to athletes, entertainers and artists. A P-1 visa allows individual or team athletes
or a member of an entertainment group to perform at a particular competition or
event. A P-2 visa allows artists or entertainers to perform under a reciprocal exchange
program between countries and a P-3 visa allows an artist or entertainer, whether
as an individual or a group, to “perform, teach or coach under a program that is
culturally unique or a traditional ethnic, folk, cultural, musical, theatrical or
artistic performance or presentation.”
- Q temporary work visas are for those participating in an International Cultural Exchange Program.
- R-1 temporary work visas may be issued for religious workers.
Process of Obtaining a Temporary Work Visa
Temporary worker visas encompass employment for a fixed period of time and require
the prospective employer to file a petition with Immigration Services. Some temporary
work visas will require the employer to obtain a labor certification from the Department
or Labor prior to filing with the USCIS. Temporary worker categories may have limitations
on the total number of approvals granted annually.
Other Information Regarding Temporary Work Visas
Remember that approval of your petition does not guarantee you will receive a visa.
With the exception of Q-1 visa applicants, spouses and unmarried, minor children
may apply in the same visa category in order to join you in the United States however
the primary applicant will need to be able to show the ability to financially support
the family while in the U.S.
Permanent Employment-Based Visas
The United States issues some 140,000 visas each year for those who want to immigrate
permanently to the United States based on their job skills. In most cases you must
have a job offer in place from a U.S. employer who will become your sponsor and
will submit an immigration petition to the USCIS or obtain an approved labor certification
from the Department of Labor. Such certification verifies a lack of available, qualified
or willing United States workers who want to fill the necessary positions as the
wages being offered and that hiring foreign workers in no way affects wages or working
conditions of those U.S. workers employed in similar work situations. Categories
for permanent employment-based immigration include:
- First Preference EB-1 for those who demonstrate extraordinary abilities in
athletics, business, education or arts as well as outstanding researchers and professors
or multinational executives.
- Second Preference EB-2 for professionals who hold advanced degrees or possess
exceptional abilities in arts, science or business.
- Third Preference EB-3 for professionals, skilled workers and some other workers.
- Fourth Preference EB-4 for religious workers, retired employees of international
organizations, employees of U.S. foreign service posts or alien minors who are wards
of the court.
- Fifth Preference EB-5 covers business investors who will invest a million
dollars (or $500,000 should the investment be made in a specific employment area)
in new commercial enterprises which will employ at least ten full-time United States
Whether you are seeking temporary work in the United States or a more permanent
employment situation, qualified legal help can make the difference in a denial or
an approval. The immigration attorneys of Sullo&Sullo have a solid understanding
of the necessary requirements as well as the entire process for receiving a temporary
or permanent work visa and will be by your side from start to finish.