our immigration services
Employment-based immigration to the USA
Arvian Law Firm enables American employers to support qualified foreign workers through employment-based immigration. Our firm provides a wide range of services for all categories of employment-based visas, including obtaining temporary work visas and obtaining permanent residency.
our immigration services
Employment-based immigration to the USA
Arvian Law Firm enables American employers to support qualified foreign workers through employment-based immigration. Our firm provides a wide range of services for all categories of employment-based visas, including obtaining temporary work visas and obtaining permanent residency.
The United States continues to be a popular destination for people from around the world, offering exceptional economic prospects, a rich cultural environment, and a high standard of living. For skilled professionals, employment-based immigration is an important way to secure a bright future in the U.S. while making a meaningful contribution to the economy.
The journey through U.S. immigration law is complicated, with multiple visa categories and stringent requirements to meet. To successfully navigate this complex process, expert legal guidance is essential. Our dedicated team is committed to assisting you every step of the way to maximize your chances of achieving your immigration goals.
Types of employment-based visas
The U.S. offers several types of employment-based visas, each designed to attract different categories of workers based on their skills, experience, and education. Here is an overview of the major categories:
EB-1: First Preference
EB-1 visas are intended for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives and managers. General requirements include
- Demonstrated excellence in the sciences, arts, education, business, or athletics through sustained national or international recognition.
- Distinguished professors and researchers must have at least three years of teaching or research experience and international recognition.
- Multinational executives and managers must have been employed by the foreign affiliate, parent, subsidiary, or branch of the U.S. employer for at least one of the preceding three years.
EB-2: Second Preference
EB-2 visas are for professionals with advanced degrees or individuals with extraordinary ability in the sciences, arts, or business. General requirements include
- Professionals with advanced degrees must have more than a bachelor’s degree or a bachelor’s degree plus five years of progressive experience.
- Individuals with exceptional ability must demonstrate a level of expertise significantly above that normally found in their field.
EB-3: Third Preference
EB-3 visas are for skilled workers, professionals, and other workers. General requirements include
- Professionals must have at least two years of work experience or education.
- Professionals must have at least a U.S. high school diploma or foreign equivalent.
- Other workers (unskilled) must be able to perform unskilled labor that is not temporary or seasonal.
EB-4: Fourth Preference
EB-4 visas are intended for special immigrant categories, including religious workers, employees of certain international organizations, and other specific groups. The general requirements vary widely by subcategory, but often include unique eligibility criteria tailored to the specific group.
EB-5: Fifth Preference
EB-5 visas are for immigrant investors who invest a substantial amount of capital in a U.S. business that creates or maintains at least 10 full-time jobs for U.S. workers. General requirements include
- An investment of at least $1.05 million in a new commercial enterprise or $800,000 in a targeted employment area (high unemployment or rural).
- Demonstration that the investment will create or retain at least 10 full-time jobs for qualified U.S. workers within two years.
To learn more about specific visa categories and how we can help you achieve your immigration goals, contact our experienced legal team today.
Step-by-Step Guide to the Work Visa Immigration Process
Navigating the employment-based immigration sequence involves several key steps, each of which is crucial to securing your visa and ultimately achieving your goal of living and working in the United States. Here’s a detailed overview of the major stages involved:
Labor Certification (PERM)
Purpose: The Program Electronic Review Management (PERM) labor certification process ensures that there are no qualified U.S. workers available for the position being offered to the foreign worker, and that the employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
Procedure:
- Advertising: The employer must advertise the job in various media and conduct recruitment efforts to demonstrate that qualified U.S. workers are not available.
- Filing: The employer files a petition with the Department of Labor (DOL) using Form ETA 9089.
- Approval: If the DOL approves the application, the employer can proceed to the next step.
Immigrant Petition (Form I-140)
Who files it: The employer files Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign worker.
What it includes:
- Documentation: The employer must provide evidence of the job offer, the foreign worker’s qualifications, and the approved labor certification (if applicable).
- Submission: The petition is filed with the United States Citizenship and Immigration Services (USCIS).
- Approval: Once USCIS approves the I-140 petition, the foreign worker can proceed to the final step.
Consular Processing or Adjustment of Status
Consular Processing: For foreign workers outside the U.S., consular processing involves applying for an immigrant visa at a U.S. consulate or embassy in their home country.
- NVC Notification: Upon approval of the I-140, the National Visa Center (NVC) will notify the applicant to begin consular processing.
- Visa Interview: The applicant attends a visa interview at the U.S. Consulate or Embassy.
- Visa issuance: If approved, the applicant receives an immigrant visa and may travel to the U.S. as a permanent resident.
Adjustment of Status: For foreign workers already in the U.S., adjustment of status allows them to apply for a green card without leaving the country.
- Form I-485: The foreign worker files Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
- Biometrics and Interview: The applicant may be required to attend a biometrics appointment and interview.
- Approval: If approved, the applicant will receive a green card.
Additional Steps (if applicable)
National Interest Waiver (NIW): Certain EB-2 applicants may apply for a waiver of the job offer and labor certification requirements if they can demonstrate that their work is in the national interest of the U.S.
- Self-Petition: Eligible applicants may self-petition by filing Form I-140 and demonstrating how their work is in the national interest of the United States.
- Evidence: Applicants must provide evidence of their qualifications and the national interest of their work.
Navigating these steps can be complex and the process requires careful attention to detail. Our legal team is here to assist you every step of the way, ensuring that your application is prepared accurately and efficiently. Contact us today for expert guidance on your employment-based immigration journey.
Legal Framework
Employment-based immigration to the USA is primarily governed by the Immigration and Nationality Act (INA).
Key sections include:
- INA 203(b): Outlines the various categories of employment-based visas (EB-1, EB-2, EB-3, etc.).
- INA 212(a)(5): Covers labor certification requirements.
Additionally, regulations set forth by the U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL) further detail the eligibility criteria and application processes.
Why Choose Arvian Law Firm
Choosing the right legal partner is critical to a successful immigration journey. That’s why our firm is the ideal choice for your employment-based immigration needs:
Immigration Law Expertise
Our firm has a team of highly experienced immigration attorneys who are well-versed in all aspects of U.S. immigration law. With years of practice and a deep understanding of the ever-evolving legal landscape, we are able to handle even the most complex cases with precision and care.
Specialized Services
We offer a range of specialized services tailored to meet the unique needs of our clients. These include
- National Interest Waivers (NIW): Expert assistance in demonstrating how your work benefits the U.S. national interest.
- PERM Labor Certification: Comprehensive assistance in navigating the complex labor certification process.
- Consular Processing and Adjustment of Status: Detailed guidance on both paths to ensure a smooth transition to permanent residence.
- Business Immigration Services: Tailored solutions for employers seeking to hire foreign talent and for investors seeking to secure EB-5 visas.
Personalized Client Care
At our firm, we understand that each client’s situation is unique. That’s why we are committed to providing personalized attention throughout your immigration journey. From initial consultation to final approval, we are here to answer your questions, address your concerns, and guide you every step of the way. Our clients appreciate our commitment to
- Clear Communication: Keeping you informed and updated on the progress of your case.
- Attention to Detail:Ensuring that all paperwork and documentation is meticulously prepared.
- Responsive Service: Being readily available to address your needs and concerns.
Choosing Arvian Law Firm means partnering with a dedicated team of professionals who are committed to your success. Contact us today to learn how we can help you achieve your immigration goals.
Our American Dream Begins Now
Don’t let the complexities of employment-based immigration stand between you and your future in the United States. At Arvian Law Firm, our experienced immigration attorneys are dedicated to making your journey smooth and successful.
Take the Next Step Today!
Schedule Your Free Consultation:
- Phone: Call us at +1 (213) 838 0095 to speak with a member of our team and discuss your options.
- Email: Reach out to us at info@arvianlaw.com for more information or to book an appointment.
- Online: Fill out our secure online form for a prompt response from one of our immigration specialists.
Your future in the United States is closer than you think. Let Arvian Law Firm be your trusted partner on this exciting journey.
Employment-based immigration allows foreign nationals to obtain permanent residence (a green card) in the United States through employment. It includes various visa categories based on skills, education, and job offers from U.S. employers.
The main categories are:
- EB-1: For individuals with extraordinary ability, outstanding professors and researchers, and multinational executives and managers.
- EB-2: For professionals with advanced degrees or individuals with extraordinary ability in the sciences, arts, or business.
- EB-3: For skilled workers, professionals, and other workers.
- EB-4: For special immigrant workers, including religious workers and certain employees of international organizations.
- EB-5: For immigrant investors who invest in U.S. businesses and create jobs.
The PERM labor certification is the first step for most employment-based green cards. It ensures that hiring the foreign worker will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. The employer must advertise the position and demonstrate that qualified U.S. workers are not available.
The U.S. employer usually files Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign worker. In some cases, such as National Interest Waivers (NIW), the foreign worker may file the petition on his/her own.
There are two main options:
- Consular processing: For applicants outside the U.S., they will apply for an immigrant visa at a U.S. consulate or embassy.
- Adjustment of Status: For applicants already in the U.S., they will file Form I-485 to adjust their status to permanent resident.
A National Interest Waiver (NIW) allows certain EB-2 petitioners to apply for a waiver of the job offer and labor certification requirements if they can demonstrate that their work will benefit the national interest of the U.S. These petitioners can self-petition by filing Form I-140.
The processing time varies depending on the visa category, the applicant’s country of origin, and current immigration backlogs. It can take anywhere from several months to several years to complete the entire process.
Our experienced immigration attorneys provide comprehensive assistance throughout the entire process, from PERM labor certification to the final stages of obtaining a green card. We provide personalized advice, prepare all necessary documentation, and advocate on your behalf to ensure the best possible outcome.
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Consultation with immigration specialist
If you are located in the US, please feel free to contact us with any questions or concerns you may have. We look forward to helping you.