Employment-Based Visas

Our law firm provides assistance to prospective immigrants seeking visas to work within the United States.

There are two broad categories of employment-based visas: temporary employment visas and permanent employment visas.

Temporary work visas allow entry into the United States for immigrant workers sponsored by an employer.

Once the visa term expires, the temporary worker must either leave voluntarily or be subject to deportation unless the visa is renewed.

Permanent employment visas are harder to acquire, but they provide permanent residence status.  

Types of Temporary Employment Visas:

H-1B Visas
H-1B visas are temporary worker visas for workers with unique or highly technical skills. H-1B visas tend to be particularly popular with IT or oil & gas companies, or companies seeking workers with skill sets that they cannot find in the United States. These visas are subject to an annual cap.  
H-2A Visas
These visas are temporary worker visas for agricultural workers from certain countries who have a job offer for seasonal agricultural work in the U.S.
H-2B Visas
These visas are for temporary “seasonal” non-agricultural workers who come to the United States from certain countries, for specific, time-limited employment.
L-1A & L-1B Visas
These visas apply to foreign employees currently working for U.S. companies abroad or other companies related to U.S. entities whose services are sought in the United States, and who will be transferred to work in the U.S.

Types of Permanent Employment Visas:

EB1 Visas

These permanent employment visas are available for priority workers who demonstrate extraordinary skill in their fields, such as the arts, science, business, education, or athletics.

EB2 Visas

These visas may be claimed by holders of advanced degrees (beyond a bachelor’s degree) or foreigners of exceptional abilities who are professionals in their fields.

EB3 Visas

This is a category of permanent employment visas that can be claimed by either unskilled laborers, skilled workers, or professionals.

EB4 Visas

These visas are for special categories of immigrants, such as religious workers, translators, or foreign government employees.

EB5 Visas

EB5 visas are available to foreign investors seeking to invest in a U.S. based company. While EB5 visas are technically categorized as employment visas, they are more often referred to as investor visas. More information about investor visas is available on our website’s investor visa page.

First, you should determine what type of visa you want to apply for (temporary or permanent; skilled or unskilled).

Second, you should seek out a U.S. based employer to sponsor your visa.

Finally, you should hire an immigration attorney to assist in your application.

Employment-based immigration is one of the most highly sought after forms of immigration into the United States.

Employment visas are so highly sought after that there are normally very long waiting periods and the competition is fierce. These factors make it all the more important to hire an experienced immigration attorney.

At the Rahgozar Law Firm, we have extensive experience helping both immigrant clients and employers navigate the application process.

The process can be difficult and convoluted for both immigrants and sponsors, but an immigration attorney can help you clarify any issues and avoid application pitfalls. Our law firm will also help you file an appeal if your visa application is denied.

FREQUENTLY ASKED QUESTIONS

If my visa application is denied, can I get my money back

No, unfortunately, the visa fees are application fees paid to the government, that go toward the costs of reviewing a visa application. The fee is always non-refundable.

If I am in the United States on a temporary employment visa such as an H-1B visa, what happens if I overstay my visa? Can I transition to a permanent visa?

Unfortunately, if you have overstayed your visa you will not be able to change status in the U.S., or worse, you may be subject to deportation. You certainly may apply for a permanent residence visa, but you may be denied for various reasons, such as not meeting the criteria for that visa.

How do I renew my temporary visa?

You will need to re-apply for the same visa. You should work with your employer to contact an attorney and schedule a time to complete the renewal application, and to make certain that you qualify to renew your visa.

I am a U.S. Citizen/Business seeking to sponsor an immigrant for employment purposes. How do I start that process?

The employment-based visa process is typically reserved for individuals with special skills that are either not available or uncommon in the U.S. population.

As an employer, you will have to prove that you are financially sound and you will need to provide documentation demonstrating the legitimacy of the position. For more information, please visit our Employment-Based Visas page.

How will the recent immigration restrictions affect me?

President Donald Trump’s most recent immigration ban restricts all immigration from North Korea, Syria, Chad, Yemen, Libya, Somalia, Iran, and Venezuela. The new travel restrictions will affect all travelers regardless of purpose. Call our office for more information, and for a case-by-case evaluation.

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