Overview of Employment Based Immigration
Employment based immigration offers foreign nationals the opportunity to either: (1) obtain a temporary work visa and live and work in the U.S. on a temporary basis, usually from 1 to 7 years, or (2) become U.S. permanent residents (also known as green card holders) and live and work in the U.S. on a permanent basis with a green card., which must be renewed every 10 years. Many of the employment based options require the sponsorship of a U.S. employer. The sponsoring employer must intend to hire the foreign national on a long-term basis. However, there are two employment based categories, including the EB-1 (Extraordinary Ability) and the EB-2 (National Interest Waiver) in which a foreign national may self sponsor.
EXPERIENCED IMMIGRATION ATTORNEYS.
HELPING INDIVIDUALS, FAMILIES, AND BUSINESSES.
EMPLOYMENT-BASED VISAS AND GREEN CARDS.
Mr. Ili J. Subhan, Esq.
Founding and Managing Attorney for Subhan Law Office, LLC
Process and Procedure
Many employment based cases require a three step process in order for the foreign national to obtain a temporary work visa or become a permanent resident.
(1) In cases where sponsorship is required, the sponsoring employer must obtain either a Labor Condition Application or PERM labor certification approval through the U.S. Department of Labor;
(2) Filing of a non-immigrant or immigrant petition with the USCIS by the employer;
(3) If the foreign national is outside the U.S., he or she will use consular processing, and if inside the U.S., will file for change status or adjustment of status when applicable, based upon approval of the first two steps.
Temporary Visa Numerical Limits
There are many different temporary employment-based visa classifications. Temporary employment-based visa classifications permit employers to hire and petition for foreign nationals for specific jobs for limited periods. Most temporary workers must work for the employer that petitioned for them and have limited ability to change jobs. In most cases, they must leave the United States if their status expires or if their employment is terminated.
The visa classifications vary in terms of their eligibility requirements, duration, whether they permit workers to bring dependents, and other factors. One of the most common temporary visa categories is the H-1B. There are 65,000 visas available per year, plus 20,000 more for foreign professionals with a U.S. master’s or higher degree. In contrast the L-1A or L-1B visas have no numerical limit. Contact us today to discuss which visa is most suitable for you.
Green Card Numerical Limits
The Immigration and Nationality Act provides for 140,000 permanent resident or employment-based immigrant visas yearly. This number includes the immigrants plus their eligible spouses and minor children, meaning the actual number of employment-based immigrants is less than 140,000 each Fiscal Year. These available visas are divided among five preference categories. Most employment based permanent residence petitions require the submission of USCIS Form I-140.
HERE’S WHAT ARE CLIENTS ARE SAYING ABOUT US
Atty Subhan is very professional hardworking lawyer. He has been instrumental in my successful NIW application. He has guided me all through the process and acted in my best interest. He has been kind enough to talk with my employer representative on one occasion to represent my case. Admirable thing about Atty Subhan is that he always follows up with clients by returning calls replying to emails in timely fashion. It is evident that he lays greater importance on client satisfaction and want to leave no stone unturned in order to ensure the same. This includes repeats himself several times and researching on information to best assist client. I have interacted with many attorneys during my career in US and I can say with fair reliability that I have not worked with anyone as prompt and as eager to help as Atty Subhan. I can also say with good authenticity that he has great personal qualities due to which he has been a good friend of mine and a go to person for me for any legal advice apart from my NIW which he has dealt with diligently. Overall I would say I am quite fortunate to discover him and also would recommend him without hesitation to anyone who needs legal advice on their immigration matter.