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Employment Visas: What Are My Options?
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Obtaining an employment-based visa requires proper planning and coordination between the foreign worker and the U.S. employer. Our experienced immigration lawyers at Kriezelman Burton & Associates, LLC have years of experience helping both the employers in the Chicago area and their prospective foreign-born employees in applying and securing employment-based visas. We also help employers seeking immigration law services in Indiana, Wisconsin, and Michigan.
One of the decisions an employer or foreign worker must make, or both must make is whether to pursue a temporary work visa or a permanent one. The decision will make a difference in what needs to be done and how long it will take for the visa to be issued.
Immigrant Work Visa
Before an employer petitions to have a foreign worker be authorized to work for them on a permanent immigrant visa, the employer must first obtain labor certification approval from the U.S. Department of Labor. Once the labor certification is obtained, the employer can then submit their petition to the U.S. Citizenship and Immigration Services (USCIS) to have that agency approve the petition, and then only after that can the prospective employee apply for their immigrant visa.
There are five categories under which a U.S. employer can petition to have a foreign worker obtain an immigrant visa through employment, and these are:
- Employment First Preference (E1): Priority Worker and Persons of Extraordinary Ability. There are three sub-groups within this category, and these are:
- -Those with extraordinary ability in the sciences, athletics, education, arts, or business
- -Outstanding professors and researchers who are recognized internationally and have experience of at least three years
- -Multinational executives or managers who have worked overseas for at least one year for a branch, affiliate, parent, or subsidiary of the U.S. company
- Employment Second Preference (E2): Professionals who hold advanced degrees or have exceptional ability in their respective professional fields.
- Employment Third Preference (E3): Skilled, professional, and other workers with the requisite minimum training and education
- Employment Fourth Preference (E4): This is a category for special immigrants who meet the criteria for that category.
Non-Immigrant Visas
A non-immigrant visa is issued to an individual who is interested in coming to work in the United States but on a temporary or fixed period. There are several of these types of non-immigrant temporary work visas, but the most common are:
- H Visa. These visas are for those coming to the U.S. to work in an occupation that requires specialized education or knowledge.
- L-1 Visa. This is a visa for an individual to come and work for their employer in the United States at a branch, affiliate, parent, or subsidiary office of the current employer in a qualifying position.
- O Visas. The O-1 visa is a category for individuals who have extraordinary ability in the sciences, athletics, arts, education, or business or who have demonstrated extraordinary achievement in their field.
For superb representation in seeking and obtaining any of these temporary or permanent employment-based visas, contact our office and talk to one of our experienced employment-based immigration attorneys. Although we are based in Chicago, we also take cases in Indiana, Wisconsin, and Michigan.
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Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
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