Employment-Based Immigration

Entering the U.S. Through Employment & Careers

Many people who want to come to the United States to start a new life have visions of a future career, too. Through employment-based immigration options, this view of the American Dream can become a reality. Navigating United States Citizenship and Immigration Services (USCIS) procedures can be an obstacle, though, if you are not prepared.

Brown Immigration Law is here to guide you through any employment-based immigration process. Whether you want to work temporarily in the U.S. or start a new life here through legal permanent resident (LPR) status paired with employment rights, we are the legal team you can trust. Rely on our knowledge, insight, and experience, and be confident that your employment-based immigration case can progress in the right direction.

Learn about employment-based immigration options by dialing (888) 991-6221 or contact us online now.

Employment-Based Non-Permanent Resident Cases

If your goal is to work in the U.S but only for a limited duration, then non-permanent resident employment-based immigration is likely right for you. This process begins with gaining sponsorship from an employer who can attest to why you should be allowed to temporarily live in the country and work for them. For example, an engineering company can sponsor someone with a specialized engineering degree to help with a specific project that will last several months or years. Our law firm can work with employees who want to be sponsored and employers that want to sponsor someone.

Different visas that might work for your employment-based non-permanent resident case include:

• B-1
• E-1 or E-2
• F-1
• H
• I
• L-1A or L-1B
• O-1
• P
• R-1
• And more

Tell our attorneys about the reasons why you want to enter the country related to your employment during an initial meeting. We can then decide the right approach or visa for your situation.

Employment-Based Permanent Resident Cases

Are you hoping to enter the country based on your employment but also stay here to start a new life? Employment-based permanent resident status can make that possible. Approximately 140,000 immigrant visas are available each year for permanent resident workers, according to USCIS. As your chosen legal guides, it will be our job to make sure you are eligible to receive one of those visas based on your education, certifications, career path, and so forth.

Most employment-based permanent resident visas will be a:

• EB-1: People with extraordinary abilities in the sciences, arts, business, athletics, or education can qualify for an EB-1 visa for “priority” workers.
• EB-2: If you have an advanced educational degree like a master’s degree earned from a recognized university, you can qualify for an EB-2 visa.
• EB-3: An EB-3 visa is reserved for people with recognized skills in their career field, but who do not necessarily have a related university degree.
• EB-4: “Special immigrants” can use an EB-4 visa for permanent residency in the U.S. based on their work, such as religious or military occupations. 
• EB-5: You might be able to use an EB-5 visa if you intend on investing in a commercial enterprise or company with 10 or more U.S. workers.

Obtaining an Employment-Based Visa

Obtaining an employment-based visa in the United States involves several steps, and the specific process can vary depending on the type of visa being pursued. However, here is a general outline of the steps typically involved:

• Job Offer from a U.S. Employer: The first step in obtaining an employment-based visa is to secure a job offer from a U.S. employer who is willing to sponsor you for the visa. The employer must be willing to demonstrate that they were unable to find a qualified U.S. worker to fill the position.
• Determine Visa Eligibility: Once you have a job offer, you need to determine which employment-based visa category you qualify for based on your skills, qualifications, and the requirements of the job.
• Labor Certification (if applicable): For some employment-based visas, such as the EB-2 and EB-3 visas, your employer may need to obtain a labor certification from the U.S. Department of Labor (DOL) to demonstrate that there are no qualified U.S. workers available for the position.
• File Petition with USCIS: Once the job offer and any necessary labor certification are in place, your employer will file a petition on your behalf with U.S. Citizenship and Immigration Services (USCIS). This petition will include various forms and supporting documents, such as proof of the job offer, your qualifications, and evidence that your employer can pay the prevailing wage for the position.
• Wait for USCIS Approval: After the petition is filed, USCIS will review it to ensure that all requirements are met. Processing times can vary depending on the visa category and the workload of USCIS. If the petition is approved, you will receive a Notice of Approval (Form I-797).
• Consular Processing (if applicable): If you are outside the United States, you will need to apply for a visa at a U.S. embassy or consulate in your home country through a process known as consular processing. This involves attending an interview and providing additional documentation to the consular officer.
• Adjust Status (if applicable): If you are already in the United States in a lawful immigration status, you may be able to apply for a change of status to the employment-based visa category without leaving the country. This process is known as adjustment of status and is typically done through USCIS.
• Receive Visa and Travel to the U.S.: Once your visa application is approved, you will receive your visa stamp in your passport, allowing you to travel to the United States. Upon arrival, you will be admitted into the U.S. in your employment-based visa category, and you can begin working for your sponsoring employer.

The process for obtaining an employment-based visa can be complex, and it's advisable to seek guidance from an experienced immigration attorney to ensure that all steps are completed correctly and to address any specific challenges or concerns that may arise.

Here to Help Employees & Employers Alike

Employment-based immigration is a tricky subject for employees and employers. As a worker, you might know that you want to gain the right to enter and live in the United States based on your career, but the path there can be busy with USCIS requirements. As an employer, you might face similar issues when trying to grow your business with the addition of a highly skilled worker who just so happens to live in a different country. In either situation, though, Brown Immigration Law can help.

Our firm has worked with countless individuals in immigration cases, as well as small businesses, large companies, and multinational corporations. Leave all the questions, paperwork, and filings up to us, so you can focus on continuing your career or growing your business. With decades of collective employment-based immigration law experience, we are confident that we are the right legal team for you.

For more information, fill out an online contact form today.