We assemble, prepare and submit to the Department of Labor and United States Citizenship and Immigration Services the extensive documentation and forms required for various types of employment-sponsored immigration.
We also discuss with each client the implications of the client=s status for his or her family members. Immediate family members can usually accompany the client to the United States, and can sometimes receive employment authorization.
Many immigration categories have annual quotas that affect citizens of various countries in different ways, because of annual per-country limits. A list of the backlogged dates can be found in the Visa Bulletin put out each month by the Department of State. It is vital for each client to understand how these quotas affect their case. This upfront discussion may influence the choice of application category. Many law firms neglect this initial strategy planning; we believe it is irresponsible to begin work on an employment-sponsored case without a full discussion of the implications for the client and their family.
Frequent types of employment-sponsored immigration include the following:
Permanent Residence Through Employment
EB-1
The first preference employment-based category includes three types of applications, each with a carefully defined set of requirements. These applications must be heavily documented and carefully arranged to present the client=s qualifications in the best possible light to immigration officers, who rarely have the time to carefully review each case.
EB-1A (Extradordinary ability in the sciences, art, education, business or athletics)
This category is for those rare individuals who are at the very top of their field. The main advantage to this type of application is that it can be self-sponsored. The disadvantage is that it is an extremely high standard and the applications of those who overreach are often denied. We helped a high ranking member of an allied country=s military with this process. Read about Vivien’s journey to permanent residence.
EB-1B (Outstanding Professor or Researcher)
This category is for professors or researchers with full time permanent positions, who can demonstrate an outstanding record of accomplishments in their field. We helped a client surprise his wife with an approval in this category. Read his story.
EB-1C (Multinational Manager)
This category is for those who have worked as an executive or manager for a multinational corporation overseas, and intend to work in a similar capacity in the United States.
All EB-1 application packages require numerous reference letters from the applicant’s peers. We assist our clients by drafting, reviewing and editing the peer letters on our clients’ behalf.
EB-2
There are two types of second-preference employment-based applications, with very different application processes.
Labor Certification
The labor certification process can be in either the EB-2 or EB-3 category. EB-2 is for those applicants with a graduate degree or relevant experience beyond a bachelors. It is available to those whose employers are able to demonstrate to the Department of Labor, through a rigorous recruitment process, that no American workers are ready and willing to take the offered position. Once the Department of Labor makes this determination, the applicant can sometimes immediately take the final steps towards permanent residence. Unfortunately, the final steps are sometimes delayed by the quotas listed in the monthly Visa Bulletin.
National Interest Waiver
This category is for those who can demonstrate exceptional ability in their field, and can also show that their work is of national importance. A detailed discussion of this category can be found in our Dhanasar blog post. The biggest advantage to this category is that it can be self-sponsored for those who do not have a full time permanent job offer.
Read about how Mehdi achieved permanent residence through this application category.
Many EB-2 application packages require numerous reference letters from the applicant’s peers. We assist our clients by drafting, reviewing and editing the peer letters on our clients’ behalf.
EB-3
The third preference category tracks the labor certification process described above, and is available to those with less education that is necessary for the EB-2 category. One of this firm’s first clients obtained permanent residence through this process.
Nonimmigrant (Temporary) Employment Sponsored Immigration
There are a number of categories available for temporary workers. In each case, it is important to carefully review the facts of the case to determine which category is most appropriate.
E-1 and E-2 (Treaty Trader and Treaty Investor)
These categories are for individuals from certain specified countries coming to the United States to carry on substantial trade in goods or services between the United States and the individual=s home country (E-1) or to develop and/or direct an enterprise in which the individual is a substantial investor (E-2). It is only available to individuals who are citizens of those countries that have an appropriate treaty with the United States.
H-1B (Specialty Occupation Workers)
H-1B status is available to individuals who have at least a bachelors degree, with a job offer from an employer that requires the particular degree. There is an annual quota affecting H-1B applications; only 85,000 are available each year, and in most years there are two or three times that many applicants. Lucky applicants are selected through an annual lottery, held each April. Applications cannot be submitted at other times of the year, except in those rare years where the quota is not met in April. H-1B=s may stay in the United States for up to six years, with certain exceptions allowing some of them to stay longer.
L-1A and L-1B (Multinational Manager or Specialized Knowledge)
L-1A and L-1B status are available to those who have worked for a multinational business entity overseas, and are coming to the United States to continue work for an affiliate of the same employer. L-1A=s can stay in the United States for up to seven years; L-1B=s may stay for up to five years.
O-1 (Extraordinary Ability)
O-1 status is for individuals with extraordinary ability in the sciences, arts, education, business or athletics. It is a very high standard, but not quite as high as the Aextraordinary ability@ permanent residence category.
TN (Treaty Trader)
TN status is for citizens of Canada and Mexico who have a particular skill that is useful to a given US employer. The visa was created by NAFTA, and also allows certain Americans to easily travel to and work in Canada and Mexico.
