BUSINESS & EMPLOYMENT-BASED IMMIGRATION

HELPING EMPLOYERS AND EMPLOYEES WITH BUSINESS-RELATED VISAS

The ability to work in the United States, and to provide maintenance for your family, is perhaps the most pressing daily issue for an immigrant in this country. Likewise, the ability of employers to maintain an effective workforce while complying with state and federal immigration laws is increasingly critical. We have extensive experience helping employers and employees obtain the working visas they need to further their business capabilities. Our business immigration lawyers at A Sharma Law Firm, PLLC assist software engineers, electrical engineers, biogenetic engineers, executives, managers, students, treaty investors, treaty traders, entrepreneurs, small to mid-sized companies, and multinational corporations to meet their immigration needs. Our law firm offers a combined experience of more than twenty years of experience in utilizing United States immigration and naturalization laws to serve our clients’ needs.

Our lawyers can help you understand and identify the most appropriate visa to meet your needs. Some common types of employment-based non-immigrant visas (temporary work visas) and immigrant visas (permanent visas) that ASLF handles include:

TEMPORARY WORK VISAS

E-1: Treaty Traders

E-2: Treaty Investors

E-3: Specialty Occupation professionals from Australia

H-1B: Temporary work visas for professionals in jobs requiring specialty occupation

H-1C: Registered nurses

H-2A: Agricultural workers to provide seasonal or temporary labor or services

H-2B: Non-agricultural workers to provide temporary services or labor

H-3: Trainees or Special Education Exchange Visitor.

L-1A: Intracompany transferee in a Managerial or Executive Position

L-1B: Intracompany transferee having Specialty Occupation

O-1A: Foreign nationals with extraordinary ability in the sciences, education, business, or athletics

O-1B: Foreign nationals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry

O-2: Foreign nationals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.

P-1A: Internationally Recognized Athlete

P-1B: Member of Internationally Recognized Entertainment Group

P-2: Performers or Group Performing under Reciprocal Exchange Program

P-3: Artist or Entertainer Part of a Culturally Unique Program

For TN NAFTA (The North American Free Trade Agreement) professionals for qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

In addition to our extensive experience handling these types of temporary work visas, we are adept at filing applications for Religious Workers (R-1 Visas), Foreign Exchange Students (F-1 Visas) and Foreign Exchange Workers (J-1Visas).

For more detailed information, please refer to: How can you work in the United States?

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States. The five employment-based immigrant visa preferences (categories) are listed below.

PERMANENT WORKER VISA PREFERENCE CATEGORIES

Preferences

General Description

Labor Certification Required?

First Preference EB-1

This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.

No

Second Preference EB-2

This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business. Yes, unless applicant can obtain a national interest waiver.

Yes, unless applicant can
obtain a national interest waiver.

Third Preference EB-3

This preference is reserved for professionals, skilled workers, and other workers. (See Third Preference EB-3 link on left for further definition of these job classifications.)

Yes

Fourth Preference EB-4

This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.

No

Fifth Preference EB-5

This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.

No

LABOR CERTIFICATION

Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL). The DOL labor certification verifies the following:

  • There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
  • Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

For more detailed information on labor certification and other business immigration matters, please see our articles:

  • How can you immigrate to the United States?
  • How can you Employ an Alien Worker?

We take pride in an exceptionally high success rate in helping employers and employees with labor certifications because of our inventive approaches to applications, our expertise and our hard work. We stay up to date on all the complex changes in immigration law and guide our clients capably through the process. We can help you and your employees avoid delays in the processing of employment visa applications and ensure compliance with immigration laws. We facilitate our clients’ goals of immigrating to the United States and obtaining permanent residency status (Green Card) and ultimately, United States Citizenship.

Contact an experienced immigration attorney at A Sharma Law Firm, PLLC to learn how we can help you, your company, or your prospective foreign worker employees.