EMPLOYMENT BASED IMMIGRATION
Got an Employment Based Immigration case on your hands? We are ready to help. Powers Immigration Law has the legal knowledge, skills, and experience to advise clients on Employment Based Immigration matters. I am proud to extend my professional services to help all of my clients resolve their legal matters.
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Powers Immigration Law believes in being the best at what we do - and what I do is Employment Based Green Cards and temporary work authorizations. We concentrate on on only immigration law so that we can offer the most focused and professional services.
Visas for Priority Workers
Foreign nationals may be eligible for an employment-based, first-preference (EB-1) visa if they fall into one of the following categories:
have an extraordinary ability,
are an outstanding professor or researcher, or
are a multinational executive or manager.
Each of these categories has unique requirements.
Typically, the priority date for this type of visa is current, thus, the visas are immediately available. If approved for this type of visa, the foreign national enters the United States or adjusts status to that of a Lawful Permanent Resident (LPR, green card).
EB-2, EB-3 & PERM
Visas for Professionals with Advanced Degrees or Persons with Exceptional Ability & Visas for Skilled or Professional Workers
Foreign nationals may be eligible for an employment-based, second-preference (EB-2) visa if he or she is a member of a profession holding an advanced degree or its equivalent or has an exceptional ability. Each subcategory of EB-2 has unique requirements.
Foreign nationals may be eligible for an employment-based, third-preference (EB-3) visa if he or she falls into one of the following categories:
is a skilled worker with at least two years of job experience or training,
possesses a baccalaureate degree and such a degree is a normal requirement for entry into the occupation, or is an unskilled worker when there are no available qualified American workers.
The first step in most EB-2 and EB-3 cases is broadly called the PERM process.
NATIONAL INTEREST WAIVERS
Foreign nationals may apply for Lawful Permanent Residence (LPR, green card) in the EB-2 category and seek a waiver of the offer of employment and waiver of labor certification (PERM process) by establishing that this would be in the national interest of the U.S.
Visas for Individuals in Specialty Occupations in Fields Requiring Highly Specialized Knowledge
U.S. employers may sponsor foreign workers in specialty occupations that require theoretical or practical application of a body of highly specialized knowledge through the H-1B visa program. Additionally, H-1B visas are available to fashion models of distinguished merit and ability.
H-1B employees are granted a maximum initial stay of three years. Requests for extension of stay may be granted in increments of up to an additional three years, until the employee has reached the maximum limit of six years. The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) provide seventh-year and additional extensions when the employee is waiting for a current employment-based priority date.
There is a statutory limitation to the number of H-1B petitions that may be granted in any given year – known as the H-1B cap.
Visas for Intra-company Transfrees
The L-1 nonimmigrant visa may be utilized by a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its U.S. offices. This visa also may be utilized by a foreign company which desires to enter the United States temporarily in order to establish a U.S. affiliate office.
Executives and Managers who are granted L-1A status for an established U.S. organization are granted a maximum initial stay of three years. Requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years. Specialized knowledge employees who are granted L-1B status for an established U.S. organization are granted a maximum initial stay of three years. Requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years.
I-9 Compliance Audits & Training
In 1986, the Immigration Reform and Control Act (IRCA) created requirements that force employers to balance between two competing ideas – scrutinizing identity documents too little or too much. Federal immigration laws prohibit employers from considering foreign appearance, accents, or national origin in their hiring practices. On the other hand, employers are required to ensure that all workers are authorized for employment.
The employee’s identity and work authorization is verified through the completion of an I-9 document on the employee’s date of hire. The employer must review documents provided by the employee, noting the documents reviewed and then maintain the I-9 form through a period of time after the employment ends.