Employment-based Immigration
Employment-based immigration is a critical element in the U.S. immigration
system, aiming to draw the world’s skilled and talented individuals. Through this
route, foreign professionals can significantly contribute to the U.S. economy,
temporarily or permanently.
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For employers seeking to hire exceptional international talent and for skilled individuals pursuing permanent U.S. residency.
Employment-based Immigration is your pathway to the U.S. Workforce
Temporary Employment-Based Visas
Temporary employment-based visas serve as a pathway for skilled professionals, artists, researchers, and other specialized workers to contribute to the U.S. economy and culture for a limited duration. Temporary work visas are designed to address the short-term needs of the U.S. labor market, are often specific to certain professions or skills, and are typically tied to a particular employer.
Common Visa Types
H-1B: This visa allows foreign professionals in “specialty occupations” (like IT, engineering, and finance) to work in the U.S. for a specific employer for up to six years, with the possibility of seeking permanent residency. It’s especially popular among tech companies and is subject to an annual cap.
L-1A: This visa is for managers or executives transferring from a foreign office of a multinational company to its U.S. office or affiliate. This visa may lead to permanent residency through EB-1C.
L-1B: for employees of multinational companies with specialized knowledge transferring to a U.S. office from a related foreign entity.
Eligibility & Requirements
Each visa type has its own set of criteria, often based on the nature of the job, the qualifications of the applicant, and the needs of the employer:
H-1B: requires a job offer from a U.S. employer in a specialty occupation and with relevant qualifications.
L-1A & L-1B: requires a qualifying relationship between the U.S. employer and the foreign entity and specific job roles (managerial/executive or specialized knowledge).
Duration & Extensions
The duration of these visas vary based on the visa type and the specific circumstances of the job:
H-1B: The H-1B visa has an initial duration of 3 years, extendable to a maximum of 6 years. After this, holders can apply for a green card, a different status, or leave the U.S. for at least one year before reapplying for another H-1B. Extensions beyond 6 years are possible under certain conditions, like pending green card applications.
L-1A & L-1B: The L-1A visa, for managers and executives, and the L-1B visa, for specialized knowledge employees, both have initial durations of 3 years. The L-1A can be extended to a maximum of 7 years, while the L-1B can be extended to 5 years. After reaching these limits, visa holders must leave the U.S., change to a different status, or apply for a green card.
Permanent Employment-Based Immigration
Permanent employment-based immigration is more than just a visa status. It’s a commitment from the U.S. to welcome individuals who have shown exceptional talent, dedication, and have met rigorous criteria to contribute long-term to the nation’s economy and culture. This status is a pathway to U.S. citizenship.
The Three-Step Process
Obtaining a green card based on employment in the U.S. involves three critical stages. An individual and their sponsoring employer must navigate these stages to secure lawful permanent residency (LPR):
Labor Certification: The U.S. Department of Labor first ensures that there aren’t any qualified U.S. workers available for the job. This process not only gives priority to U.S. workers but also ensures their wages and job conditions aren’t negatively affected by hiring a foreign national. Note that individuals under EB-1A and EB-2 NIW categories are exempt from PERM labor certification requirements.
Petition with USCIS: With the PERM labor certification in hand, the employer files an Immigrant Petition for Alien Worker (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS). Note that individuals under EB-1A and EB-2 NIW categories may self-petition.
Adjustment of Status or Consular Processing: Depending on the individual’s location, they can either adjust their status to a permanent resident if already in the U.S. or undergo a visa interview at a U.S. embassy or consulate in their home country if abroad.
Employment Preference Categories
The U.S. structures its permanent employment-based immigration system into five preference categories to encompass a wide array of skills and expertise:
- Priority Workers (EB-1): Encompasses individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers
- Professionals with Advanced Degrees or Exceptional Ability (EB-2): Targets those with advanced academic qualifications or exceptional achievements in the arts, sciences, or business.
- Skilled Workers, Professionals, and Unskilled Workers (EB-3): Caters to degree-holding professionals, skilled workers with specific training, and other workers.
- Special Immigrants (EB-4): Designed for “special immigrants” like religious workers and certain ex-U.S. government employees.
- Immigrant Investors (EB-5): For individuals ready to invest significantly in the U.S., fostering job creation and economic stimulation.
Per-Country Caps
To ensure diversity and fair representation, the U.S. has implemented a cap where no single country can account for more than 7% of the total employment-based visas issued annually. This means that high-demand countries might experience longer waiting times. It’s a measure to prevent visa monopolization by nationals from any one country, ensuring a broad mix of skills and cultures.
Connect with us!
At the Law Offices of Victoria Kuzmina, we offer a deep understanding of the immigration process, covering achievement-based, employment-based, and family-based immigration. Our dedicated team is ready to support you through every step of your immigration journey. From collecting essential evidence to expertly navigating intricate immigration regulations, we are here to streamline your path to the United States.
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Frequently Asked Questions
Employment-based immigration encompasses both temporary and permanent visa categories in the U.S. for individuals seeking to work based on their profession, skills, or job offer. Temporary visas allow individuals to work for a specific period, while permanent visas (green cards) grant long-term residency. This category includes various visa types, each tailored to specific professions, skills, or employment opportunities, ranging from individuals with extraordinary abilities to skilled workers. It provides pathways for professionals, researchers, managers, and other workers to live and work in the U.S. Work visa attorney, Victoria Kuzmina can help find the best-fit solution for your needs; schedule a consultation today!
Yes, the H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations for a period of up to six years. It’s designed for professionals with specialized knowledge, typically requiring a bachelor’s degree or higher.
Yes, you can transfer your H-1B visa to a different employer. The new employer must file an H-1B transfer petition on your behalf. It’s crucial to ensure the new petition is approved before starting work with the new employer. If you are considering transferring your H-1B to a different employer, schedule a consultation with immigration attorney Victoria Kuzmina to ensure a smooth transition.
The L-1 visa is a nonimmigrant visa for intracompany transferees. It allows employees of multinational companies to transfer from an overseas location to a U.S. office. There are two types: L-1A for managers and executives, and L-1B for employees with specialized knowledge. The visa can lead to a green card under certain conditions. It’s ideal for businesses looking to establish or expand operations in the U.S.
Yes, you can apply for an L-1 visa while in the U.S.A., provided you’re already on a valid visa status. This process, called “Change of Status,” allows you to switch to L-1 without leaving the country. However, ensure your current status remains valid until the L-1 visa is approved. Immigration attorney, Victoria Kuzmina, can provide clarity on your specific situation; schedule a consultation today!
Yes, L-1 visa holders can apply for a green card. The L-1 visa is dual intent, meaning you can have the intention to immigrate permanently. L-1A managers and executives may qualify for EB-1C, a priority employment-based green card category. On the other hand, L-1B specialized knowledge workers typically apply under the EB-2 or EB-3 categories. It’s advisable to consult with immigration attorney, Victoria Kuzmina, to understand the best pathway for your situation. Schedule your consultation today!
The EB-1 visa is a preference category for U.S. employment-based permanent residency. It’s intended for “priority workers” and has three sub-categories:
- EB-1A for individuals with extraordinary ability in arts, sciences, business, athletics, or education.
- EB-1B for outstanding professors and researchers.
- EB-1C for managers and executives transferred to the U.S. from foreign companies.
The EB-1 category is referred to as the "First Preference" category and usually has shorter wait times compared to other employment-based visa categories, offering a faster path to a green card. The EB-1 category is also attractive because it does not require labor certification (a process to prove there are no qualified and willing U.S. workers for the job). Additionally, the EB-1A category does not require a job offer and can be self-petitioned.
The EB-2 visa is a U.S. employment-based permanent residency preference category for individuals holding advanced degrees or demonstrating exceptional ability in their field. It has three sub-categories:
- Advanced Degree: For those with a U.S. master’s degree or higher, or a foreign equivalent.
- Exceptional Ability: For individuals with expertise significantly above that ordinarily encountered in sciences, arts, or business.
- National Interest Waiver (NIW): For those whose work benefits the U.S. significantly, allowing them to bypass the Labor Certification and employer sponsorship.
EB-2 applicants typically require a job offer and Labor Certification, unless they qualify for an NIW.
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