At Dalbir Singh and Associates, P.C., we have a team of highly experienced employment immigration attorneys with over 15 years of expertise. Our dedicated lawyers have successfully assisted numerous clients in obtaining employment-based visas.
Whether you are an individual seeking employment in the United States or an employer looking to sponsor foreign workers, our knowledgeable attorneys specialize in employment and other immigration cases. We possess a deep understanding of U.S. Citizenship and Immigration Services (USCIS) regulations and procedures, and we are equipped to help you navigate through them while eliminating any obstacles that may hinder your progress.
In the United States, individuals can work under two categories:
1. Temporary (Nonimmigrant) workers: Nonimmigrant workers are allowed to work in the country on a temporary basis. Typically, the prospective employer files a nonimmigrant petition with USCIS, outlining the purpose and duration of the employment.
2. Permanent (Immigrant) workers: Permanent workers are selected based on their skills, education, and experience. They have the opportunity to live and work permanently in the United States, contributing to its workforce and society as a whole.
When it comes to obtaining a green card through employment sponsorship, there are various immigrant visa categories available. These include:
EB-1: This category is for individuals with extraordinary ability in sciences, arts, education, business, or athletics. No specific offer of employment or employer is required.
EB-1 Outstanding Professors and Researchers: Reserved for individuals who hold eminence and distinction in the academic community through international recognition
EB-1 Multinational Executives and Managers: Intended for executives and managers of multinational companies.
EB-2: Professionals holding an advanced degree or equivalent, with a Labor Certification or employment in the National Interest. Labor Certification is waived for exceptional ability aliens.
EB-2 Exceptional Ability: For individuals with exceptional abilities in the sciences, arts, or business, benefiting the national economy, cultural or educational interests, or welfare in the United States (requires a job offer).
EB-3: Visas for skilled workers, professionals, or other workers.
EB-4: Reserved for special immigrants, including religious workers.
EB-5: Visas for immigrant investors.
In all of the above categories, spouses and children under 21 years old are considered derivative beneficiaries and enjoy the same benefits, including lawful residence status, as the primary beneficiary.
For temporary employment in the United States, nonimmigrant visas are available, including:
H-1B: Visas for employees in highly specialized fields.
H-2A: Visas for temporary agricultural workers from designated countries.
H-2B: Visas for temporary seasonal non-agricultural workers.
H-3: Visas for educational and training opportunities.
L-1: Visas for intracompany executives and managers.
O-1: Visas for individuals with extraordinary abilities in sciences, arts, education, business, or athletics.
O-2: Visas for assistants of O-1 visa holders.
O-3: Visas for dependents of O-1 visa holders.
P visas: Visas for sports representatives, coaching teams, and entertainment companies.
R-1: Visas for temporary religious workers.
I: Visa for journalists and foreign press visiting the U.S. for work or media activities.
Treaty Trader and Investor Visas:
E-1: Visas for treaty traders.
E-2: Visas for treaty investors.
B-1: Visas for business visits.
B-2: Visas for tourism purposes.
F-1: Visas for students.
F-2: Visas for dependents of F-1 visa holders.
M-1: Visas for vocational purposes.
Exchange Visitor Visas:
J-1: Visas for exchange program (study or work) visitors through the U.S. Department of State.
Q-1: Visas for cultural and employment exchange programs through USCIS.
The application process for an employment visa can vary significantly depending on your specific circumstances. Due to the unique nature of each case, it is crucial to seek guidance from a skilled employment immigration lawyer who can assist you in determining the appropriate steps to follow. They will provide personalized advice tailored to your situation, ensuring that you navigate the process successfully. Contacting an experienced attorney is the first and most important step towards initiating your employment visa application.
Each fiscal year, which runs from October 1st to September 30th, a total of approximately 140,000 qualified applicants, including both principals and their dependents, are granted employment-based immigrant visas in accordance with US immigration law. This allocation is distributed among the different preference categories as follows:
EB-1: 40,000 visas or 28.6% of the total
EB-2: 40,000 visas or 28.6% of the total
EB-3: 40,000 visas or 28.6% of the total
EB-4: 9,940 visas or 7.1% of the total
EB-5: 9,940 visas or 7.1% of the total
If the visa quota for a particular category is not fully utilized, the remaining visas can be transferred to other categories. You can refer to the Visa Bulletin on Travel.State.Gov for detailed information on visa availability.
USCIS stands for US Citizenship and Immigration Services. It is the federal agency responsible for overseeing lawful immigration processes within the United States.
Form I-140, also known as the Immigrant Petition for Alien Worker, is a document that needs to be completed to request an employment-based green card. It is submitted to the USCIS (US Citizenship and Immigration Services). Depending on the specific employment category you are applying under, you may be required to provide various supporting documents, such as letters detailing your academic and professional accomplishments, expert testimonials from individuals in your field, and a cover letter explaining how you meet the requirements of the category. The experienced employment immigration attorneys at Dalbir Singh and Associates, P.C. can assist you in preparing all the necessary documents for this process.
The EB-1 preference category is generally designated for individuals with extraordinary achievements and abilities. It includes the following subgroups:
Individuals with extraordinary abilities in fields such as education, sciences, arts, and athletics. They do not require a specific job offer but must demonstrate their intention to continue working in their respective areas of expertise in the United States. They can file Form I-140 directly with the USCIS.
Outstanding professors and researchers with internationally recognized accomplishments and at least three years of teaching or research experience. They must provide evidence of job offers for similar research positions at universities or other institutions, and their prospective employers must file Form I-140 on their behalf.
Multinational executives and managers who have been employed by a US employer's branch, affiliate, or subsidiary for a minimum of one year within the preceding three years. They must come to the US to work in managerial or executive positions, and their employers must offer them job positions and file Form I-140 on their behalf with USCIS.
Within the EB-2 preference category, individuals with advanced degrees and exceptional abilities are included. This category comprises the following subgroups:
Professionals with advanced degrees, surpassing a baccalaureate degree, or individuals holding a baccalaureate degree with a minimum of 5 years of professional experience.
Professionals possessing degrees in art, science, or business that demonstrate expertise beyond the ordinary level.
For applicants in the EB-2 preference category, the process typically requires the approval of a Labor Certification from the Department of Labor. The employer assumes responsibility for submitting Form I-140 on behalf of the employee to the USCIS. It is important to note that a Labor Certification may be waived if the work being carried out is deemed to be in the national interest, which is referred to as a national interest waiver.
The EB-3 preference category encompasses professionals, skilled workers, and other workers. It is further divided into the following subgroups:
Professionals possessing a baccalaureate degree from a US college or university or an equivalent foreign degree.
Skilled workers who have received at least 2 years of experience or training in positions that are not temporary or seasonal in nature.
Other workers are eligible for various positions that do not fall under the categories of seasonal or temporary work and require less than 2 years of experience.
In the case of the EB-3 preference category, the employer is required to file Form I-140 and obtain an approved Labor Certification from the Department of Labor.
The EB-4 preference category encompasses special immigrants who are categorized into various subgroups, including:
Employees of the US Government abroad
Foreign medical graduates
Retired employees of international organizations
Each subgroup within the EB-4 category has its own specific requirements, and the filing of different forms with the USCIS may be necessary for each subgroup. To determine the appropriate preference group for your individual case, it is advisable to consult with the experienced employment immigration lawyers at Dalbir Singh and Associates, P.C., who can provide professional recommendations based on your unique circumstances.
If you possess the requisite education and experience and have received a job offer from a US employer, it is possible to be sponsored for employment and enter the United States without the need to work for the employer prior to arrival. Once the employer has extended the job offer, they can initiate the immigrant visa process with the assistance of an immigration attorney to obtain a visa issued in your name. This will enable you to enter the country and commence your employment.
Once your I-140 petition has been approved, your spouse and unmarried children who are under 21 years old can apply for admission to the United States. The specific status that your family members can use to apply for admission will depend on the employment-based preference category under which you were approved.
To determine the appropriate status and immigration process for your family members, it is highly recommended to consult with a knowledgeable immigration lawyer. They will guide you through the necessary steps and aid in ensuring a smooth reunification process for your family. At Dalbir Singh and Associates, P.C., we have extensive experience in helping families reunite with their loved ones who are working in the United States.
Labor certification is a crucial document required when applying for employment immigration within the EB-2 and EB-3 preference categories. This certification is obtained by the employer from the US Department of Labor. It serves to verify the following:
There is a scarcity of qualified US workers who are willing to fill the specific position at the prevailing wage in the designated geographic location.
Employing a foreign worker in the position will not adversely affect the working conditions and wages of US workers in similar positions.
The labor certification process is an essential step in the employment-based immigration process and ensures that the hiring of a foreign worker aligns with the labor market needs and protections of US workers.
A National Interest Waiver (NIW) is a provision connected to the EB-2 visa category that allows eligible applicants to petition for a visa without the requirement of a labor certification. The NIW is granted based on the argument that the applicant's abilities and experience would significantly benefit the national interests of the United States. This waiver acknowledges the importance of certain individuals whose work has a direct impact on areas of national significance.
An adjustment of status refers to the process of changing one's immigration status from a nonimmigrant (temporary) to an immigrant (permanent) status while already present in the United States. It signifies a shift in the original intention to stay temporarily and allows the individual to become a lawful permanent resident, commonly known as obtaining a Green Card.
Adjusting your status to permanent residency based on employment requires several steps and criteria to be met. Here is a general outline of the process:
1. Your employer must obtain a certification from the Department of Labor, verifying that no qualified US workers are available or willing to fill the specific position at the prevailing wage in the geographic area.
2. Your employer (or in some cases, you as the employee) must file a petition, typically Form I-140, with the United States Citizenship and Immigration Services (USCIS) on your behalf.
3. If you are already in the United States on a temporary visa and wish to transition to permanent residency, you can also apply for an adjustment of status. This requires the approval of your employer's petition and the availability of a visa number.
4. Once the USCIS approves your petition, you can file Form I-485 to apply for an adjustment of status. This form includes personal information, supporting documents, and payment of the required fees.
5. After filing Form, I-485, you may be required to attend an interview with USCIS to review your application and verify your eligibility for adjustment of status.
6. If your adjustment of status application is approved, you will receive lawful permanent residence, commonly known as a Green Card, which grants you the right to live and work in the United States permanently.
To ensure a smooth and successful adjustment of status process, it is recommended to seek guidance from experienced immigration attorneys like those at Dalbir Singh and Associates, P.C. They will evaluate your case specifics, provide personalized advice, and assist you throughout the application process.
There are several common temporary employment-based visas that individuals often pursue. These include:
1. H-1B Visa: This visa is for foreign professionals working in "specialty occupations" such as IT professionals, engineers, healthcare workers, financial analysts, and more. It is typically issued for three years with the possibility of a three-year extension. The annual limit for H-1B visas is 65,000, with an additional 20,000 visas reserved for foreign professionals with a US master's degree or higher.
2. H-2B Visa: This visa is for temporary seasonal non-agricultural workers. It has a validity of up to one year, with the possibility of renewal for a maximum stay of three years. The annual limit for H-2B visas is usually set at 66,000.
3. H-2A Visa: Designed for agricultural workers from designated countries, the H-2A visa is issued for a specific period of approved employment and can be renewed multiple times, as long as the total stay does not exceed three years. There is no annual limit on the number of H-2A visas issued.
4. L-1A & L-1B Intra-company Transferee Visa: These visas are for foreign workers who are employed abroad by companies related to a US employer and are needed to provide their services in the US. The initial validity period is up to three years, with extensions possible for L-1A (up to seven additional years) and L-1B (up to five additional years). There is no annual limit on the number of L-1 visas issued.
5. O Visa: This visa is for individuals with extraordinary ability in fields such as science, arts, education, business, or athletics. It is granted to those who have national or international recognition in their respective fields.
6. P Visa: Athletes, artists, and entertainers who are part of a group with national or international recognition can apply for the P visa.
7. H-3 Visa: The H-3 visa is for individuals coming to the US for training purposes.
If you do not have a work visa but wish to work in the United States, you can apply for an Employment Authorization Document (EAD). You may be eligible for an EAD if you fall into one of the following categories:
Stateless individuals or refugees
Hiring an employment immigration lawyer can provide valuable assistance in navigating the complexities of employment in the United States and overcoming potential obstacles. At Dalbir Singh and Associates, P.C, our experienced immigration lawyers can:
Provide professional consultation regarding employment immigration options and categories.
Assist you in completing and submitting your visa application.
Monitor your visa status and assist with renewals.
Help you with the necessary documentation for filing with the USCIS.
Determine the best course of action for adjusting your status.
Evaluate the possibility of bringing your family members to the US based on the specifics of your individual case.
By seeking the guidance of knowledgeable immigration attorneys, you can increase your chances of success and ensure a smoother employment immigration process.
Dalbir Singh & Associates, P.C. specializes in various areas of immigration law, including:
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