Employment Immigration Attorneys Near Me

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Employment Immigration Attorneys Near Me

U.S immigration law allows American companies and business owners to recruit foreign workers if they are unable to find qualified and ready-to-work American workers in the United States. At Kriezelman Burton & Associates, we have experienced employment immigration attorneys near you who routinely help clients in the Chicago area to successfully navigate the immigration process to secure employment-based immigration visas.

There are two types of immigration visas available under the employment visa category, and these are temporary non-immigrant visas and permanent visas or green cards.

Temporary Non-Immigrant Visa

A temporary non-immigrant visa is a visa for foreign workers who intend to come and work in the United States for a fixed period, after which they are required to return to their native countries. If the foreign worker is in the United States on another temporary non-immigrant visa such as F1 Student Visa, they can apply to change status to any of the temporary non-immigrant visa subcategories.

There are many categories under which one can apply, and that is predetermined by the prospective employer, who must specify in their petition under which category they seek to secure the non-immigrant visa for the foreign worker. 

The most common categories for this type of visa are:

  • H-1B visas are for individuals who are to work in specialty occupations
  • H-2A and H-2B visas for individuals who seek to work as seasonal, peak load, or temporary workers in an agriculture (H-2A) or non-agricultural (H-2B)
  • L visas are for individuals who are temporarily coming to work as transferees of a company they already work for that intends to have them come and work for their branch or affiliate in the United States in executive/management capacity or because of their specialized knowledge.

Permanent (Immigrant) Workers

Obtaining permanent residency (green card) through employment in the United States is possible for those foreign workers that have the right combination of education and skills that satisfy the eligibility criteria.

Most of these employment-based green cards require an offer of employment from a prospective employer who has obtained approval from the U.S. Department of Labor certifying that the employer has been unable to find workers with the same skills in the United States. This is known as labor certification.

There are five types of employment-based visas, and the top 3 are as follows:

First Preference Category (EB-1)

EB-1 is for individuals with “extraordinary ability” such as academics, researchers, scientists, top athletes, and artists. No labor certification is required for this category.

Second Preference (EB-2)

EB-2 is for professionals who hold an advanced degree or foreign equivalent, who can demonstrate at least ten years of experience in a field, or whose employment is in the national interest of the United States. Labor certification is required.

Third Preference (EB-3)

EB-3 is for individuals who have a bachelor’s degree or foreign equivalent, as well as for skilled and unskilled workers who have an offer of employment that is not temporary from a U.S. employer. Labor certification is required for this category as well.

In all these categories, qualified family members such as spouses and children can migrate with the foreign worker who gets approved for the green card.

Consult with Employment Immigration Attorneys Near You

For more information about employment-based immigration, contact our office today for a consultation. We handle all types of employment-based immigration matters.