Employment Based Immigration

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 hire you.

 

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 workers.


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.

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