Employment Based Immigration Attorney Wheeling

The first step in successfully navigating the complex U.S. immigration system is making sure you have an experienced immigration lawyer. For employment-based immigration, the requirements are even more complex – therefore, it is more critical to have an experienced employment-based immigration attorney to handle the case. At Kriezelman Burton & Associates, we have experienced immigration lawyers who help both employers and prospective noncitizen employees in the Wheeling area.

Types of Employment-Based Immigration

Employment-based immigration is generally divided into different broad categories – temporary non-immigrant visas, permanent visas, student and exchange visas, and temporary visit for business. Of these, the first two are the most pursued, and their general requirements are as follows.

Temporary Non-Immigrant Work Visa

These are a group of visa types that allow the person approved for one to come and work in the United States for a fixed time. In most cases, the potential employer must first file a petition with the U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, the prospective employee must then apply for the temporary work visa at a consulate in their native country. If the prospective employee is in the United States in some other legal status, they can apply to change that status to the new temporary work visa status.

There are many types of these temporary work visas, each with different requirements, but our experienced immigration lawyers at Kriezelman Burton & Associates can help you – as the employer or prospective employee – to determine which one is most suitable given your needs and qualifications.

Once you are approved for any of the temporary work visas, your spouse and child or children also qualify to obtain their relative visas but will separately apply for those visas as well. Among these temporary visas, the most common ones are H1B, I, L, O, P, and R visas.

Permanent Work Visas

For those foreign-born workers with certain job skills and qualifications, there are approximately 140,000 employment-based green cards available each year they can apply for. Most of these permanent work visas (green cards) require an offer of employment from an employer who has obtained what is known as “labor certification” from the U.S. Department of Labor. The labor certification confirms that there are not enough workers with the same skills as the foreign worker in the United States and that hiring the foreign worker will not deprive an American worker of employment.

Once the labor certification is obtained, the employer will file a petition with the USCIS, and when that petition is approved, the prospective foreign worker can then apply for a green card. The foreign worker’s spouse and children also qualify to obtain their own green cards based on the approved employer petition.

There are five types of these permanent employment-based visas:

• First Preference (EB1)
• Second Preference (EB2)
• Third Preference (EB3)
• Fourth Preference (EB4)
• Fifth Preference (EB5)

Speak with an Employment-Based Immigration Attorney in Wheeling

If you are in the Wheeling area and wish to pursue an employment-based immigration visa in any of these categories, contact our office today, and an experienced immigration attorney will provide you with all the information and guidance you need to get the right work visa for you.