Employment Based Immigration
Non-Immigrant Visas for Temporary Employment
There are several different types of visas available to foreign nationals who are seeking temporary or permanent employment in the United States. We will consult with you to select the most appropriate type of visa, as well as work closely with you and your future employer to carry out the entire process. The non-immigrant visa categories our office handles include the following:
- O visas for individuals who possess extraordinary skill or ability in their professions
- P visas for athletes, artists, and entertainers
- L visas for transfer of employees of multinational corporations
- H visas for temporary workers
- I visa for journalists
- E visas for treaty investors
- TN visas for qualifying Canadians and Mexicans
Permanent Employment-Based Immigration
There are several different types of employment-based visas, each intended for a certain category of worker. The immigrant visa categories our office handles include the following:
- EB-1 extraordinary ability in certain fields
- EB-2 professionals holding advanced degrees or who possess exceptional ability.
- EB-3 professionals, skilled workers and other workers
- EB-4 special immigrants such as religious workers and retired employees of international organizations
- EB-5 business investors who meet certain criteria
Labor Certification (PERM)
Some immigrant visa categories require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa classifications, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL). The DOL labor certification verifies the following:
- There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
- Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
How Long Do Employment-Based Visas Take?
Employment based immigrant visa cases may take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with certainty. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further evidence not originally presented, which takes additional time after the consular officer interviews the applicant. Thus, it is recommended that you seek the advice of an Austin immigration lawyer prior to filing your employment-based visa.
Whether you are planning to come to the United States for a limited period of employment or you want to apply for adjustment of status to permanent resident status, we encourage you to contact us at Michael G. Murray, P.A., where you can receive a consultation from an experienced Employment-Based Immigration Attorney.
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