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Employment-Based Immigration Attorney in Denton County

Denton County, Texas immigration attorney for H1-B and EB visas

Attorneys Easing the Complexity of Employment Immigration Hurdles

Immigrating to the United States to pursue employment opportunities can be a complex and challenging process. However, with the guidance and knowledge of an experienced immigration attorney like those at John W. Lawit, LLC, you can smoothly navigate the complexities of employment-based immigration. Whether you are an employer looking to hire foreign talent or a person seeking work opportunities in the U.S., our team is here to assist you every step of the way.

The Different Categories of Employment-Based Visas

The U.S. government offers several types of visas that allow employers to sponsor foreign workers based on their qualifications and skills. The following are some common categories of employment-based visas that will allow immigrants to obtain authorization to live in the United States permanently:

  • EB-1: These visas may be available for people with extraordinary skills and abilities in areas such as science, art, education, sports, or business. It also includes outstanding researchers or professors and managers or executives of multinational companies.
  • EB-2: This category includes professional workers who have advanced educational degrees or exceptional abilities in certain fields, such as science, the arts, or business.
  • EB-3: This category includes skilled workers (those who will be working in positions that require at least two years of work experience), as well as professional workers who have earned bachelor's degrees and unskilled workers who do not require more than two years of experience or training.
  • EB-4: These visas may be available for workers in a variety of professions, such as clergy or people who will be working for religious organizations, special immigrant juveniles, and broadcasters working overseas for American broadcasting organizations.
  • EB-5: This visa classification is designed for investors who are planning to invest substantial capital in new commercial ventures that create jobs for U.S. workers.

H1-B Visas

The H-1B visa is a nonimmigrant visa that provides temporary authorization to live and work in the United States. Employers can sponsor employees who work in certain specialty occupations for these visas. H1-B visas are intended for people with specialized knowledge or advanced skills in fields such as science, engineering, mathematics, technology, and business. The H-1B visa program allows employers to fill positions with qualified professionals from around the world when they cannot find suitable candidates in the United States.

In order to qualify for an H-1B visa, both the employer and the employee must meet certain requirements:

  • Educational requirements: The employee must have at least a bachelor's degree or an equivalent foreign degree in a field of study related to the position.
  • Job offer: The employer must offer a position that requires specialized knowledge or advanced skills that can only be performed by someone with the appropriate qualifications.
  • Labor Condition Application (LCA): Before filing an H-1B petition with U.S. Citizenship and Immigration Services (USCIS), the employer must obtain certification from the Department of Labor (DOL), which ensures that the terms and conditions of employment are fair and will not adversely affect the wages or working conditions of local workers.
  • Hiring practices: Employers must demonstrate that they have actively attempted to recruit U.S. workers before considering foreign nationals for employment by posting job openings on appropriate platforms or conducting recruitment efforts through professional associations.
  • Petition filing: Once all requirements are met, including obtaining a certification from the DOL, the employer may file a petition with the USCIS on behalf of the foreign worker. The petition should include supporting documentation such as educational certifications, a job offer letter, and evidence of the need for specialized knowledge or advanced skills.

How a Denton County Immigration Lawyer Can Help Employers and Employees

The team at John W. Lawit, LLC has extensive experience providing comprehensive legal assistance to employers, employees, and investors in employment-based immigration cases. Our attorneys understand the intricacies of the immigration system, and we will work closely with you to ensure that all requirements are met when applying for employment-based visas. We can assist with:

  • Evaluation and eligibility: We begin by evaluating your specific circumstances to determine which category best suits your needs based on eligibility criteria such as education, work history, or investment plans.
  • Filing petitions: Once we have identified the appropriate visa category, our attorneys will assist with preparing and filing the necessary forms and supporting documents required by U.S. Citizenship and Immigration Services (USCIS).
  • Labor certification (if applicable): Certain employment-based visas, such as the EB-2 or EB-3 categories, require labor certification from the Department of Labor. Our experienced attorneys can guide employers through the process of obtaining the necessary certification.
  • Negotiating job offers: In many cases, an employer must provide a job offer with specific terms in order to sponsor a foreign worker for an employment-based visa. Our skilled lawyers can help immigrants secure favorable job offers that meet both employee and employer expectations while complying with the applicable legal requirements.

Contact Our Denton County Employment-Based Immigration Lawyers

If you are an employer seeking foreign talent or an immigrant pursuing work opportunities in the United States, John W. Lawit, LLC can provide you with knowledgeable legal guidance every step of the way. Our experienced attorneys are well-versed in employment-based immigration matters, and we will provide you with personalized solutions to meet your individual needs. Contact us at 214-609-2242 to set up a consultation today.

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