One of the ways to obtain a visa to live in the United States is for a company that needs your services to sponsor your admission to this country. There are several reasons for an American company to want to hire immigrant workers through employment immigration, including:
- Foreign workers may have skills not readily available among the U.S. workforce
- Foreign workers can perform tasks that U.S. workers tend to avoid
- Particular potential employees have extraordinary ability or expertise unmatched by anyone in the U.S.
The Anwari Law Firm, PC is an immigration law practice that serves employers throughout the country by helping them to recruit and facilitate the legal immigration of foreign workers to U.S. soil.
We have a well-earned reputation for untangling the twists and turns of immigration law to see to it that our clients, whatever the size of their businesses, can move quickly and effectively to enlarge their employee base with the best possible candidates.
Obtaining Permanent Residency for Foreign Nationals by Employing Them
There are a number of ways employees from other countries can be granted permanent U.S. residency with the support of potential employers. Depending on the reason an employment-based visa is granted, the options are as follows:
EB-1 grants permanent residency visas for foreign nationals who  have extraordinary abilities, for example as artists, scientists, educators, or athletes  are outstanding professors or researchers or  are executives or managers whose foreign companies have transferred them to a U.S. office.
EB-2 grants permanent residency visas for foreign nationals who have advanced degrees or exceptional abilities in the arts, sciences, athletics, or business.
EB-3 grants permanent residency visas to foreign nationals who may not qualify for EB-1 or EB-2 visas, but are nonetheless skilled workers or professionals. Though the requirements for EB-3s are more lenient than those for EB-1s or EB-2s, the waiting time to obtain these visas is considerably longer.
EB-4 grants permanent residency visas to particular categories of immigrants. These categories include:
- Religious workers
- Iraqi/Afghan translators
- Iraqis who have assisted the U.S.
- Employees of international organizations
- Members of the armed forces
EB-5 grants permanent residency visas to foreign national investors in new commercial enterprises that will create employment for at least 10 individuals.
These investors must do one of the following:
- Invest at least $500,000 in “targeted employment areas,” defined as rural regions or regions experiencing high unemployment rates (at least 150 percent of the national average)
- Invest at least $1 million anywhere in the U.S.
Obtaining Temporary Employment (Non-immigrant) Visas for Foreign Workers
Employees with legitimate temporary job offerings in the United States may also be permitted to enter this country legally. Their future employer may consider them highly capable in their field, or be taking into account the individual’s willingness to perform certain tasks that American workers are reluctant to tackle. The following visas may be granted to workers who already have jobs lined up in the United States:
E-1/E-2, also known as Treaty Trader and Investor Visas, are available to investors and traders whose employees carry on their businesses in the U.S. — if their home country has a commercial treaty with the U.S. that confers visa eligibility.
H-1B grants professional workers who have at least a bachelor’s degree (or equivalent work experience) non-immigrant visas, but only if their employers can prove that they will be paid at (at a minimum) the prevailing wage for the position.
H-2B allows employers to hire foreign workers to come to the U.S. temporarily in order to perform (non-agricultural) labor on a one-time, seasonal or intermittent basis.
L-1 or Intra-company Transfer visas are available to executives, managers and other employees with specialized knowledge who are being transferred to their employer’s U.S. affiliate. It should be noted that those holding L-1 visas may, in some cases, be eligible for permanent residency without the need for a labor certification.
O-1 is also known as an Extraordinary Ability visa. Like the EB-1, the O-1 visa is available to foreign nationals who have exhibited extraordinary ability in their fields of endeavor, whether entertainment, athletics, science or business. What differentiates the O-1 from the EB-1 is that the O-1 only permits the immigrant to stay in the U.S. temporarily.
TN visas have been established to give an advantage to immigrants from Canada and Mexico, the countries that are our co-members in NAFTA (the North American Free Trade Agreement). The current threat to dissolve NAFTA would, undoubtedly, affect this type of visa adversely.
It should be noted that the I-9 is a form used to verify a foreign worker’s identity and employment authorization. All U.S. employers must complete I-9s for any foreign individuals they hire for employment in the U.S.
Evidence Is Needed for Employment Immigration
To obtain an EB-1 or O-1 visa, you must be able to prove your extraordinary talent in one area — such as by presenting evidence that you have won a Pulitzer or Nobel Prize, or an Olympic Medal. Such evidence of national or international acclaim will permit you to enter the U.S. without a specific offer of employment.
Other categories of employment-based visas require that you have an employer in the United States willing to vouch for your credentials and the fact that he or she is offering you a job. Some also require that you produce evidence of your consummate skill in your particular field, such as authorship of a book, an exhibition in a noteworthy museum, your commitment to play a musical instrument in a well-known concert venue, or your membership in a highly regarded professional organization.
Our Employment Immigration Lawyer Helps Employers Navigate the U.S. Immigration System
Whether you are interested in hiring foreign nationals to become part of your business staff or are focused on a particularly talented individual to fill a special employment need, The Anwari Law Firm can help your business move efficiently toward a successful outcome.
If you were not already aware that immigration law is complicated and confusing, the content on this page has probably convinced you. That’s why it is crucial to hire a firm of talented immigration attorneys to assist you when you are dealing with immigration matters. The Anwari Law Firm can be trusted to:
- Carefully review all necessary documents
- Supply prompt, precise answers to all your immigration questions
- Pay close attention to every detail of your case before, during, and after filing paperwork
- Strive for a prompt decision in your case
Most of all, The Anwari Law Firm has a track record of astonishing success in providing immigration law assistance to U.S. employers. You can get in touch with us by phone or by filling out the contact form on our website.