what is employment immigration?
Both immigrants and nonimmigrants are permitted to engage in employment in the United States under certain visa categories. Many of these visas require sponsorship by a U.S. employer. The attorneys at Kayi & Wilkes possess the knowledge to assist foreign nationals and U.S. employers obtain the visa best suited for their business needs.
Foreign nationals can obtain permanent residency in the U.S. (a green card) through a range of employment-based immigration visas. Typically, an employer must hire the foreign national for a long-term position and must sponsor the foreign national to come the U.S. If the foreign national is already in the U.S., he or she can usually remain while the case is processed. Others must process their cases in their home country at the U.S. consulate.
The following foreign nationals may qualify for lawful permanent resident status based on employment:
- Foreign nationals with extraordinary or exceptional ability it he arts, sciences, or business
- Outstanding professors or researchers
- Multinational managers and executives
- Individuals with advanced degrees
- Foreign nationals whose work is in the national interest
- Individuals with job offers who have tested the labor market and are skilled, unskilled, or deemed professional
- Religious workers and ministers whose services are required by their nonprofit religious organization
- International organization workers or those who meet the definition of special immigrant
- Foreign nationals who invest $1,000,000 in a new commercial enterprise (or $500,000 in a rural area or area of high unemployment)
Temporary work visas
These nonimmigrant visas allow foreign nationals to enter the U.S. for a temporary period of time to engage in employment. Generally, the law requires that the foreign national have a specific employment offer through a U.S. employer. In most cases, the foreign national will be required to obtain a temporary work visa at a U.S. consulate abroad. Our attorneys will help you determine the right visa category based on your future employment.
The following nonimmigrant visas, among others, allow foreign nationals to work in the U.S. for a temporary period:
- H-1B: Individuals who will be employed in a specialty occupation (which typically requires a bachelor’s degree) for an employer-sponsored U.S. company.
- TN: Citizens of Canada or Mexico seeking to enter the U.S. to engage in business activities at a professional level.
- L-1 (intracompany transferees): Executives or managers who are being transferred from a foreign company to its affiliated U.S. office.
- O-1 (extraordinary ability or achievement): highly skilled foreign nationals who have achievements in the arts, sciences, business, or athletics.
- P (athletes and entertainers): Internationally recognized foreign nationals, including performing groups.
- R-1 (religious workers): Workers who come to the U.S. to take on a religious occupation and perform services for their sponsoring organization.
How we can help
If you are seeking an employment-based visa, you can count on the attorneys at Kayi & Wilkes to help with the complicated three-stage process. We assist employers through the labor certification process, commonly known as PERM, which is managed by the U.S. Department of Labor (DOL). Next, we will prepare and file the immigrant petition with the U.S. Citizenship and Immigration Services (USCIS). Finally, we will help you prepare the adjustment of status application for an immigrant visa.
If you are entering the U.S. for temporary employment, our attorneys will assist you with the wide variety of visas available for temporary workers. Additionally, we will monitor and provide representation with the maintenance, extension, and/or change of your temporary work status.
Let our attorneys help secure your safety, your family, and your future. Contact us for a consultation.