Business Immigration Attorneys
Many people want lawful permanent resident status in the US because permanent residents enjoy a wider range of rights and privileges than those holding temporary, nonimmigrant visas. One of the most widely-used methods of obtaining permanent US residency is under employment-based immigration categories (also called business immigration).
Am I eligible to apply for employment-based permanent residency?
You may be eligible if any of the following apply to you:
- You have an opportunity to permanently work in the US.
- You have an employer in the US who will sponsor you for lawful permanent residency (LPR) in the US.
- You have exceptional or extraordinary ability in your field.
- Your employment in the US is in the country’s best interest.
- You are an immigrant investor.
What are the types of visas used for employment-based residency?
Visit the following pages to learn more about specific types of employment visas.
How do I apply?
- In most cases, your employer must submit a completed labor certification request (PERM application) to the Department of Labor (DOL) Employment and Training Administration. Before filing, the employer has to follow a particular set of recruitment guidelines and be able to demonstrate that there are no willing and able minimally qualified workers for the job.
- Once the Labor Certification is granted, your employer will file an immigrant visa petition (Form I-140, Petition for Alien Worker) at a designated USCIS service center on your behalf. USCIS must approve the petition. The employer acts as the sponsor (petitioner) for you (the beneficiary).
Once the Form I-140 is approved, you will check to see whether visas are available under your particular Employment-Based Preference Category. If a visa is available, you may apply for a change to “Lawful Permanent Resident” status either in the US or, if you are abroad, at your local US Consulate office.
“I would wholeheartedly recommend Antonini and Cohen Immigration Law Group. They were the third and final legal firm I hired to assist me in my immigration needs: when I was working on my second work visa which transitioned to my green card and eventual naturalization. Throughout the process I never felt that the team was too busy to take my calls, answer my emails or many questions I had about the process. They provided me with accurate and straight forward information without any “legalese” about the process. On one occasion I called for Ms. Karnani and, while she was busy, Mr. Cohen himself took my call and was rather down-to-earth and easy to speak with. That is so reminiscent of how people do business in my home country and further confirmed that I had made the right choice in hiring them as my legal team.”
“Our visa was about to expire and we got into desperate mode. The timeline Marshall Cohen presented worked exactly the way he said and we were able to have a very positive and successful experience.”
Immigration rules for employers and their international student employees can be confusing and have changed recently. Here is some helpful information for employers recruiting international students.
Many visas available for international business owners are restricted by the owners’ nationality or the amount of money invested. However, the L-1A visa does not have these limitations, and is a good way to transfer multinational executives and managers into the U.S. The L-1A is also a helpful visa for international businesses hoping to expand into the US since it can be used to transfer manager and executive employees to either a new or existing business.
Each year, the date of April 1st is hotly anticipated by immigration attorneys and our clients due to the rush to submit applications for H-1B visas.
What is an H-1B visa?
An H-1B visa is a non-immigrant employment visa that is valid for a three-year period, beginning on October 1st, the start of the fiscal year for U.S Citizenship and Immigration Service (U.S.C.I.S.). April 1st is the first day that an employer may submit a petition on behalf of a worker for the following October 1st start date.