Employment-Based Immigration

Helping With The Employee Visa Process

The United States has specific processes for those wishing to come to the United States for employment purposes. Employment-based visas are based on knowledge and job skills considered to be of long-term benefit to the U.S. job market. Meanwhile, certain entrepreneurs wishing to invest in the United States may be able to apply for either temporary or permanent visas to remain in the country.

From our locations in Irving, Texas, and Albuquerque, New Mexico, John W. Lawit helps businesses nationwide bring workers into the country. In the process, we also help people from around the globe obtain employment visas to help U.S. businesses meet their employment needs.

Employment-Based Green Card Eligibility

The application process for employment-based immigrant visas is complicated. There are five preference categories of visas based on the skills, education and abilities of individual workers. Each preference category has a unique set of requirements and directives. Depending on the type of visa and the immigrant’s country of origin, both the Department of Labor and the U.S. Citizenship and Immigration Services (USCIS) may require applications at different points in the application process. In addition, numerical limitations on the issuance of visas can cause long wait periods for applicants. Improperly filed petitions can be rejected and hinder the applicant’s chances of obtaining a visa in the future.

Preferred immigrant workers are categorized under the following preferences:

  • First preference immigrant worker: workers who possess “extraordinary ability” in the sciences, arts, education, business or athletics; notable professors or researchers; or multinational managers or executives meeting a list of government criteria
  • Second preference immigrant worker: transferring executives or managers of multinational companies
  • Third preference immigrant worker: skilled workers whose jobs would require a minimum of two years’ training or work experience
  • Fourth preference immigrant worker: unskilled workers who would require less than two years’ training or experience — not including temporary or seasonal workers

Nonimmigrant (Temporary) Employee Visas

Nonimmigrant visas are used for projects that are limited in length, anywhere from a few months to a few years. The most common type of temporary visa is the H-1B visa, available to foreign nationals who have specialized skills. Because applications for H-1B far exceed the number available, working with an immigration lawyer to make sure applications are filed quickly and accurately can be critical to getting the workers you need.

TN visas were created as part of the North American Free Trade Agreement and are available exclusively to citizens of Canada and Mexico. Unlike the H-1B, TN visas can be extended indefinitely. Only professionals with a baccalaureate or Licenciatura degree qualify under TN visa guidelines. The guidelines also list 63 types of qualifying positions that include medical professionals, teachers, managers, designers and other skilled professionals. Unskilled workers do not qualify for the TN visa.

There are several other types of nonimmigrant visas for other workers; L visas are used by international companies to transfer employees between branches in different countries, R visas are used for religious workers, and O visas are used for people with extraordinary abilities or who have earned distinction in their field.

Contact A Trusted Immigration Attorney

If you need assistance filing an employment visa application or addressing any other employment-based immigration matter, call us at 469-294-3179 or submit our online form to set up an initial consultation. Members of our team are fluent in Spanish, Korean and a variety of other languages.