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Employment-Based Immigration - Overview

We are experienced in many petition types and processes for employment-based immigration. We have assisted numerous companies in a variety of fields in petitions for temporary work visas, as well as converting temporary visas into permanent residency. Contact us to discuss the ways we can help you achieve your employment goals.

Our expertise includes:

Non-immigrant visas:

  • H-1B: professionals working in specialty occupations
  • L-1: intracompany transferee in executive or managerial position or transferee with specialized knowledge
  • TN: NAFTA treaty visas for citizens of Mexico or Canada
  • O-1: individuals of extraordinary ability
  • P-1, P-2, P-3 visas: outstanding athletes, artists, athletic teams, entertainment companies, etc.
  • R-1: religious workers
  • E-1 and E-2: treaty traders and treaty investors
  • E-3: Australian professionals working in specialty occupation
  • F-1/OPT: students obtaining work permit after graduation
  • J-1 waivers for Physicians

Immigration through Employment:

  • EB-1: extraordinary ability, multinational executives and managers
  • EB-2: advance degree or exceptional ability professionals
  • EB-3: professional holding a bachelor’s degree, skilled workers, unskilled workers
  • Labor Certification (PERM)
  • I-140 immigrant visa petitions
  • National Interest Waivers
  • Religious Workers
  • Adjustment of Status (I-485)
  • Consular processing

H-1B

H-1B employees are temporary non-immigrant workers at a professional level or above. They must possess at least a bachelor’s degree or its equivalent. The employer must demonstrate also that the position is one requiring a professional in a specialty occupation. A specialty occupation is defined as requiring a theoretical and practical application of body of highly specialized knowledge. The position must require at least a bachelor’s degree or higher degree. Examples of occupations that would qualify for H-1B visa include software developer, engineer, physician, accountant, physical therapist, architect, among others.

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The law imposes a cap on H-1B visas each year, limiting the number of H-1B visas that can be authorized per year. However, not all H-1B petitions are subject to the cap. Exemptions exist for certain non-profit employers, for workers already counted against the cap in the past, etc. Whether you are hiring new workers under the H-1B yearly cap, cap exemptions, or transferring your employees from another H-1B position, we can help. We have experience with transitioning employees to from another status to H-1B, transferring current H-1B worker to another company, and petitions with out-of-country potential hires.

If you are seeking to petition for employees under the H-1B Cap, please note that the deadline is usually April 1st of each year. Contact us now to discuss options.

We are experienced and skilled in preparing H1B visa petitions in wide range of industries and occupations. In the ever-changing world of immigration laws and regulations, we can help you navigate and successfully apply for H-1B visa. We provide exceptional customer services and are available to you through every step of the process.

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Labor Certification (PERM)

Employers can sponsor their employees for permanent residency, or “green card” through a process called Labor Certification (PERM). The labor certification is a determination by the Department of Labor that there is no qualified, willing and able U.S. worker available to fill the position for which the foreign worker is being sponsored. The labor certification process requires the employer to test the U.S. market through specific recruitment efforts for available U.S. workers. After the PERM is completed, the employer may then file for the foreign worker’s immigrant visa.

There are several steps in the PERM process which must be completed according to very specific requirements. We are experienced and skilled in helping employers through the PERM process in wide range of industries and occupations. In the ever-changing world of immigration laws and regulations, we can help you navigate and successfully apply for labor certification. We provide exceptional customer services and are available to you through every step of the process.

P Visas

P visas are temporary work visas given to athletes, entertainers, and artists who wish to come work in the United States. They are brief, never longer than 1 year at a time, but extensions can be requested under certain circumstances, and there is no limit on the number of times a P visa can be requested. The application must be backed by an itinerary demonstrating the intended locations and employment of the temporary worker in the United States. P visas can apply to individuals or groups, although every member of a group must have their own visa.

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  • P-1A Visas

    Are for athletes coming to the United States to compete in a specific, internationally recognized event.

  • P-1B Visas

    Are for members of an entertainment group (such as a music band) that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

  • P-2 Visas

    Are for artists and entertainers coming to the United States to perform as a part of a reciprocal exchange program with a U.S. organization and a foreign organization. The artists and entertainers must have proof of negotiations or business contracts with appropriate labor organizations in the United States.

  • P-3 Visas

    Are for artists and entertainers coming to the United States to perform, teach, or coach as part of a “culturally unique” program. The program must be relevant to the applicant’s area of artistic expertise in their own country.

    Contact us for assistance with the P visa process.

  • Family Members

    Family members (spouse and children under 21 years of age) may obtain dependent P-4 status which allows them to travel to the United States with the P visa holder.

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TN NAFTA Professionals

Canadian and Mexican citizens can receive temporary United States travel permits to enter the United States to engage in business activities at a professional level. Qualified applicants with a bona-fide job offer in a NAFTA qualifying industry may be eligible. Under the treaty, only occupations listed on the NAFTA list qualify for TN visa. Some examples of qualified occupations include accountants, engineers, pharmacists, scientists. Canadian applicants can apply directly at the port of entry. Mexican applicants must apply at the U.S. consulate abroad. If an applicant is currently in the United States in a valid status, they can apply for change of status.

The TN visas can be issued for up to three year and can be renewed. Dependents (spouses and children under 21 years of age) can apply for TD visa to accompany the applicant to the United States.

Contact us to see if you qualify, and we will help you navigate the process.