Employment Immigration Lawyer in Chicago

What Is Employment-Based Immigration?

Employment-based immigration allows those seeking employment opportunities in the United States to pursue visas to immigrate either temporarily or permanently. From nonimmigrant visas like the H-1B and L-1 to immigrant visas like the EB-1 and EB-2, each category has its own requirements and procedures.

SimVisa offers comprehensive assistance with various employment visa types, ensuring that individuals and employers alike receive trustworthy guidance and support throughout the immigration process. With our help, you can embark on your immigration journey with confidence.

Immigrant Employment Visas (Employment-Based Green Cards)

The U.S. can grant a green card to employment-based immigrants. To do this, an employer must petition for your benefit, or commonly referred to as sponsor you, for an employment green card or you can self-petition without an employer under certain circumstances such as if you’re an EB-5 investor, EB-1 alien of extraordinary ability, or a National Interest Waiver EB-2.

An employment-based green card lawyer from SimVisa can guide you and your employer through the process of seeking these five types of immigrant visas:

EB-1: Priority Workers

You do not need an employer to sponsor you for an EB-1A visa. But your business immigration attorney will help you prove that you have sustained international acclaim in science, art, education, business, or athletics.

For an EB-1B visa, you must have at least three years of teaching or research experience and international recognition in your field. A university must sponsor you with an offer for a tenure-track teaching or research position.

You can enter the U.S. to work in a managerial or executive capacity on an EB-1C visa. You must have worked for your sponsoring employer for at least one of the preceding three years.

EB-2: Professionals with an Advanced Degree or Persons with an Exceptional Ability

You have three paths for an EB-2 visa:

• Proving exceptional ability and “expertise significantly above that ordinarily encountered” in the arts, sciences, or business.
• Holding an advanced degree (master’s degree or above) or a bachelor’s degree with five years of experience in your field.
• Submitting documentation that you have a job in an area of substantial intrinsic merit and national scope that justifies a National Interest Waiver.

Except for the National Interest Waiver, the occupation must qualify for Foreign Labor Certification. Labor certification means that there was no qualified U.S. employee that your employer was able to hire.

EB-3: Skilled, Professional, and Unskilled Workers

An EB-3 visa also has three categories:

• Skilled workers can get a visa with at least two years of experience or training and a job with a Foreign Labor Certification.
• Professional workers who have a bachelor’s degree or its equivalent can secure a visa with a profession in the U.S. that requires their degree and has Foreign Labor Certification.
• Unskilled workers with less than two years of experience or training can still get a visa if Foreign Labor Certification has been issued for their occupation.

For all three categories, you must have a full-time job offer in the U.S.

EB-4: Special Immigrants

The U.S. uses the EB-4 visa to address specific foreign nationals such as:

• Religious workers
• Members of the U.S. armed forces
• Afghan or Iraqi translators or interpreters
• Iraqis or Afghans employed by the U.S. government or International Security Assistance Force (ISAF)

Except for religious workers and military personnel, employment-based EB-4 visas are granted based on past employment.

EB-5: Immigrant Investors

Foreign nationals can apply for a green card after investing at least $1,050,000 in a U.S. business or $800,000 if the business is located in a rural area or high-unemployment region. The company that receives the investment must create at least 10 full-time jobs.

If approved, the investor and, if any, the investor’s spouse and children under the age of 21 will receive conditional permanent residence and thus green cards that expire in 2 years. In the 90-day period prior to the expiration of the 2-year green card, a petition to remove conditions on residence must be filed.

Nonimmigrant Employment Visas (Temporary Worker Visas)

Temporary worker visas are granted to employees who plan to return to their home countries after a stay in the U.S. Through these visas, employers can bring in foreign national workers for specific projects, and foreign investors and entrepreneurs can travel to the U.S. to conduct business:

• E-1 Visa: The Treaty Trader visa allows foreign nationals of certain countries to visit the U.S. in order to conduct trade activities.
• E-2 Visa: This visa encourages economic growth by enabling eligible investors and their employees to actively manage their investments and contribute to the U.S. economy.
• L-1 Visa: This nonimmigrant visa for executives, managers, and workers with specialized knowledge is used to transfer foreign employees to a U.S. branch of the same or a related company.
• H-1B Visa: The most common employment-based nonimmigrant visa for temporary skilled workers, H-1Bs are granted through a lottery system.
• TN Visa: Accountants, engineers, lawyers, pharmacists, scientists, teachers, and other professionals with advanced degrees from Canada and Mexico can temporarily work in the U.S. with this visa.
• E-3 Visa: Australian nationals with advanced degrees temporarily entering the U.S. to engage in a specialty occupation may be eligible for E-3 visas.
• R-1 Visa: Religious organizations can file for R-1 visas to bring certain religious workers to the U.S.
• Q-1 Visa: This visa is used to hire foreign workers for cultural exchange programs that teach Americans about the history, culture, and traditions of the worker’s country.

How Are Immigrant and Nonimmigrant Employment Visas Different?

The primary difference between immigrant and nonimmigrant employment visas lies in their intent and duration of stay. Here’s a brief overview.

Nonimmigrant Employment Visas:

• Intent: Temporary stays in the U.S. for specific purposes, such as work or training.
• Duration: The holder is authorized to stay in the U.S. for a limited time and is expected to return to their home country upon completion of their authorized stay.
• Examples: H-1B, L-1, TN, E-2, and O-1 visas.

Immigrant Employment Visas:

• Intent: Meant for individuals who intend to permanently reside and work in the U.S.
• Duration: Holders are granted lawful permanent resident status (green card) and may live and work in the United States indefinitely.
• Examples: EB-1, EB-2, EB-3, and EB-5 visas.

In summary, nonimmigrant employment visas are for temporary stays, while immigrant employment visas provide a pathway to permanent residency in the United States. The choice between these visa categories depends on the individual's goals, employment situation, and eligibility criteria.

Why Hire an Employment Immigration Lawyer?

The helpful immigration attorneys at SimVisa provide comprehensive assistance with all aspects of employment-based immigration:

• Visa Selection: Our team will help you identify the most suitable visa category based on your qualifications, job offer, and long-term goals.
• Application Preparation: We’ll guide you through the entire application process, confirming that forms are completed accurately and submitted on time.
• Essential Documentation: We’ll assist you in gathering and organizing the required documentation, such as educational credentials, work experience, and job offer letters.
• Immigrant Petition Filing: We’ll handle the preparation and submission of your immigrant visa petition, including any necessary supporting evidence or employer sponsorship.
• Official Communication: We’ll act as your liaison with immigration authorities, responding to inquiries and addressing any issues that may arise.
• Case Management: Our team will provide ongoing support and updates on the status of your application, keeping you informed at every step.
• Appeals and Waivers: If your application is denied or requires additional documentation, we can help you appeal or apply for waivers when applicable.
• Immigration Services: SimVisa assists with a range of services, from green card application support to personalized advice on USCIS regulations and procedures.

With our unparalleled legal knowledge and personalized approach, we strive to make the employment immigration process as smooth and efficient as possible.