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Employment-Based Immigration Lawyers

For many occupations, America is a land of opportunity. Jobs are often more plentiful and pay better. An employment immigration lawyer from SimVisa helps you come to the U.S. via employment immigration.

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Immigration Law

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  • Premium Service

    Hire an Attorney

    With SimVisa, you have the option of receiving full-service legal support - for every aspect of your case - with immigration attorneys from a top-quality immigration law firm.

    • Step 1: Initial Consultation with SimVisa

    • Step 2: SimVisa Fills Out Your Immigration Applications

    • Step 3: SimVisa Prepares Application Package with Evidence

    • Step 4: A SimVisa Attorney Reviews Your Application Package

    • Step 5: SimVisa Submits an Application to USCIS For You

    • Step 6: SImVisa Handles All Communications with USCIS

    • Step 7: SimVisa Monitors Your Case From Start To Finish

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  • Quality + Cost Savings

    Self-File

    Have you started your application and then gotten confused? Are you worried you might make a mistake or leave out important supporting documents? SimVisa is the solution. We understand you might want to save on lawyer fees and file on your own. You can relax because SimVisa will prepare your application under the supervision of an immigration attorney. You will even get a one hour video conference with an immigration attorney after SimVisa prepares your forms.

    • Step 1: SimVisa collects information and documents from you through our online portal

    • Step 2: SimVisa fills out your forms and prepares your supporting documents

    • Step 3: A SimVisa immigration attorney goes over your filled-out application and supporting documents with you (1-hour video consultation)

    • Step 4: SimVisa finalizes your packet with attorney approval

    • Step 5: SimVisa delivers your packet to your door

    • Step 6: You file with USCIS

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Immigration Services We Offer

Solutions for Every Budget

  • Treaty Investor Visas (E-2)

    The E-2 visa is a non-immigrant treaty investor visa, for nationals of a country that has a treaty of friendship, commerce, and navigation with the United States.

    *prices do not include government fees and may vary based on case complexity

  • Intra-Company Transfer Visa (L1)

    The L-1 visa is used by US companies to transfer important employees from their foreign offices to the United States.

    *prices do not include government fees and may vary based on case complexity

  • Specialty Occupation Visa (H-1B)

    The H-1B visa enables US employers to hire foreign workers with specialized skills for a specific time period to work in the United States.

    *prices do not include government fees and may vary based on case complexity

  • EB-1 Visa

    Green Card for Multinational Executives and Outstanding Professors and Researchers

    *prices do not include government fees and may vary based on case complexity

  • EB-2 Visa

    Green Card for Advanced Degree Professionals and Individuals with Exceptional Ability

    *prices do not include government fees and may vary based on case complexity

  • Investor Visa (EB-5)

    Investor Green Card Program

    • Each employment based immigration case is unique and the costs vary depending on certain factors, please contact us for a quote.

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  • Treaty Trader Visa (Е-1)

    Investor Green Card Program

    • The E-1 visa is a non-immigrant treaty trader visa, for nationals of a country that has a treaty of friendship, commerce, and navigation with the United States.

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  • H-4 Visa

    The H-4 visa is issued to dependents of particular non-immigrant workers, such as H-1B visa holders, by the US Citizenship and Immigration Services (USCIS).

    *prices do not include government fees and may vary based on case complexity

  • TN (Trade NAFTA) Status

    TN status is a non-immigrant visa that allows citizens of Canada and Mexico, who work in certain professional fields, to work in the United States.

    *prices do not include government fees and may vary based on case complexity

  • Extraordinary Ability Visa (O-1)

    An employment-based Green Card allows individuals to submit a petition to USCIS in order to live and work permanently in the United States.

    *prices do not include government fees and may vary based on case complexity

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All You Need to Know

Our Employment-Based Immigration Services

U.S. immigration law provides two types of employment-based immigration visa categories. Permanent employment visas allow workers to become permanent residents. Temporary employment visas have a limited time and scope.

Immigrant Worker 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.

To learn more about the investor category, please speak with a SimVisa employment-based immigration lawyer near me.

Visas for Non-Immigrant Employees

Temporary worker visas are granted to workers who plan to return to their home countries after a temporary stay in the U.S. This program allows employers to bring in foreign national employees for specific projects and work as well as allows foreign investors and entrepreneurs to invest into the United States.

E-1 Visa

The E-1 visa facilitates foreign nationals engaged in substantial trade with the U.S. This visa promotes international commerce by allowing eligible treaty traders and their employees to conduct trade activities within the country.

E-2 Visa

The E-2 visa is designed for foreign nationals making substantial investments in a U.S. business. This visa encourages economic growth by enabling eligible treaty investors and their employees to actively manage their investments and contribute to the U.S. economy.

L-1 Visa

Companies use an L-1 visa to transfer a foreign worker to a U.S. location within the same or related company. The foreign national must have specialized knowledge or be an executive or a manager.

H-1B Visa

The H-1B is the most common employment-based immigrant visa for temporary skilled workers. H-1Bs are granted through a lottery system.

TN Visa

The TN allows accountants, engineers, lawyers, pharmacists, scientists, teachers, and other professionals with advanced degrees to temporarily enter the U.S. from Mexico or Canada.

E-3 Visa

These visas are granted to Australian nationals with advanced degrees temporarily entering the U.S. to engage in a specialty occupation.

R Visa

The R visas are employment-based immigrant visas used by churches to hire foreign nationals to work as certain religious workers in the U.S.

Q Visa

Employers use Q visas as employment-based immigrant visas to hire workers for cultural exchange programs that teach Americans about the foreign country's history, culture, and traditions.

Chicago Employment-Based Immigration Lawyers

Employment-based immigration visas are highly competitive. When you need to bring foreign workers to the U.S., you cannot waste time going back and forth with USCIS when you have already made a job offer to qualified individuals. 

A Chicago employment-based immigration attorney gives your business the best chance of getting the temporary or permanent immigrant visas your workers need.

Need the Help of a Trusted Immigration Attorney?

Contact SimVisa to discuss your immigrant visa needs and what we can do to help you through the entire process, from filing your application to shepherding it through USCIS.

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Why Choose SimVisa for Employment-Based Immigration?

As a prospective employer, both the U.S. company and the foreign workers depend on you to complete the visa application process efficiently. The company cannot be lacking the needed talent and qualified individuals cannot place their lives on hold indefinitely while trying to secure an employment-based green card or work authorized nonimmigrant status. SimVisa and its employment-based immigration attorneys provide:

  • Consultations to identify the visa categories that apply and the best strategy in moving forward in both the short, medium, and long-term

  • Preparation of the petition and/or application package by the SimVisa team including by an immigration lawyer employment-based with years of experience

  • Representation by an experienced employment immigration lawyer working with a litigation and business transactions team that can provide nuanced advice in business matters

SimVisa's process gives your business the best chance of obtaining a green card for employment-based immigrants and the appropriate nonimmigrant visa solution.

Why Choose Simvisa for Family-Based Immigration?human with computer
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What Our Clients Are Saying

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Read the reviews below to see what our clients have to say.

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Sinziana Constandache

I absolutely recommend Mrs Atac and her team! They were wonderful in helping me get my green card and my citizenship and made the entire process go as smoothly as possible. They got everything that needed to be done together- so much paperwork and documents, and answered all my questions- no matter how small; they would reply right away and that have given me peace of mind about any concern that I had. The staff is absolutely amazing and I would 10/10 recommend

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Iibrahim Teke

My attorney SohYoon and her assistant Vanessa were really helpful. They walked me through all through all the process step by step. Definitely recommended

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Icen Arsin

Very courteous, professional and competent legal team. They take the time to understand your specific situation. They support and follow through.

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Martin Kerver

Always professional to any of our questions we had. Highly recommended.

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Avnit Bambah

Great firm help me with Citizenship and I got it in timely manner.

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Heejoo Smith

Great immigration service! I got my green card within 4 months!

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Cirkovic Pedja

Agile and swift. All the best PJ

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FAQs about Employment-Based Immigration

Here are answers to some frequently asked questions we encounter:

What happens if my O-1 visa application is denied? Is there an appeal process?

After an application is denied, you typically have 30 days to file a notice of appeal or a motion to reopen your case. This will give you a second chance to persuade the USCIS that you meet the eligibility requirements for an O-1.

The decision to file an appeal or motion will depend on the grounds for the denial. You should speak to a visa lawyer about your case so you understand the benefits and drawbacks of each option.

Can I include my family members in my O-1 visa application?

No, O-1 applications are strictly for individuals with extraordinary achievements and abilities. Families must file an O-3 application to enter the U.S. with the O-1 holder. They can file the O-3 application simultaneously with the O-1 application or after the visa has been granted. They cannot file an O-3 while the O-1 application is pending. If you fail to meet the filing date, you must wait.

Who pays for an O-1 visa?

Either you or the petitioner can pay the O-1 fees. You should work this issue out with the agent or employer filing the petition before it gets submitted. Sometimes, the employer will offer to pay visa fees and any legal fees incurred. In other cases, the employer may leave it to you to pay the fees.

How hard is it to get an O-1A visa?

Since there are no quotas for O-1A visas, you should receive one once you establish eligibility. But the USCIS strictly enforces the rules that require outstanding achievements, so you should have ample evidence to prove you have significant recognition and a distinguished reputation in your field for your extraordinary abilities.

How much does an O-1 visa cost?

The USCIS charges a non-refundable application fee of $460. You can request premium processing for an additional fee of $2,500. Premium processing gets you a decision within 15 days. Once the O-1 visa is approved, USCIS will charge you a fee of $220 to issue the visa.

Can a TN Visa holder change employer?

Yes, but the TN holder must reapply for TN status. With any change in employment, including a change in employer or a loss of employment, TN holders can either request their new employer to file a petition or they can leave the U.S. and re-enter on a new TN.

Can a spouse of a TN Visa holder work?

No. When spouses enter on TD visas, they are not authorized to work. If they want to work in the United States, spouses must apply for visas other than TD. The same rules apply to minor dependent children of TN holders.

Can a TN Visa holder open a business?

It depends on the TN holder's role in the business. A TN holder cannot participate in business activities such that the company becomes a form of self-employment. But a TN holder can invest in a closely-held company as a passive investment.

Can I get a loan for my EB-5 visa?

Yes, you can take out a loan to cover the investment amount required for your EB-5 visa. However, such a loan must be personally secured and not by the assets of the investment enterprise. You must also be listed as the primary borrower.

Can I bring my family to the U.S. under the EB-5 visa?

Yes, your spouse and unmarried children under the age of 21 can accompany you to the U.S. and are also granted permanent residency under your EB-5 visa. As green card holders, your family members are free to work for your commercial enterprise or another employer.

What is the required minimum investment for an EB-5 visa?

Before March 15, 2022, the minimum was $1 million or a reduced investment of $500,000 for a targeted employment area. Minimums for petitions filed after that date are $1,050,000 and $800,000 for a targeted employment area.

What is EB-2 priority date retrogression?

EB-2 priority date retrogression refers to how the U.S. government handles an excess of visa applications that exceeds the available supply of visas for that category and country. Retrogression occurs when U.S. immigration moves the date when you can receive a green card further into the future, increasing the wait time. It's important to take action quickly once you're able to, as your priority date can be moved even after it become current.

Can I bring my family to the U.S. on an EB-2 visa?

Yes, you may be able to bring your immediate family members (spouse and unmarried children under 21 years of age) to the United States on an EB-2 visa. Your family members can apply for dependent visas, such as an E-21 (spouse of EB-2 holder) or an E-22 (child of EB-2 holder), to accompany or follow-to-join you in the United States.

Is an EB-2 visa a green card?

Yes, the EB-2 is for acquiring a type of green card available to foreign professionals with advanced degrees or exceptional abilities of national interest to the U.S. If your EB-2 visa process is successful, you will become a lawful permanent resident, commonly referred to as a green card holder. You can pursue U.S. citizenship after five years of living in the U.S as a permanent resident.

How much do our employment immigration services cost?

Each situation presents unique challenges. The cost of a visa will depend on several factors, including the visa categories in which you file and the documentation you need to support the application.

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Contact Trusted Business Immigration Attorneys Today

SimVisa's employment-based immigration lawyers have at least a decade of experience navigating the complex world of employment immigrant visas.

Contact us to schedule your live interview and learn how a Chicago employment-based immigration attorney from SimVisa can help your business.

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