Employment Based Visa Charleston Immigration Lawyer

Employment-Based Visas

There are multiple paths for foreigners to gain status in the United States through work-related visas.

These are visas that involve a U.S. employer sponsoring foreign workers to work in the United States.

  • Temporary Non-Immigrant Employment Visas – In some cases, U.S. businesses wish to employ foreign workers that have special skills or fulfill a certain niche on a temporary or limited-duration basis. In these cases, the U.S. business will sponsor the foreign worker, and will file a petition on behalf of the foreign worker (the beneficiary). The most common is the H-1B employment-based nonimmigrant visa, but others include H-2A, H-2B, H-3. Temporary foreign workers from Canada and Mexico may qualify for a TN visa, which is based on the NAFTA Treaty.
  • Permanent Immigrant Employment Visas – In other cases, U.S. businesses will petition for a foreign worker to be granted Lawful Permanent Residence based on the employment relationship. These petitions are typically for foreign workers with extraordinary abilities, professionals, executives, and advanced degree holders. In some cases, a Labor Certification is necessary to demonstrate that the employer is not displacing U.S. workers. In some cases, an employer may file to change the status of a temporary non-immigrant worker to Lawful Permanent Resident.
  • Intra-company Transfer Temporary Visas – Foreigners who own or work in an executive/special knowledge capacity for a foreign company with operations in the United States may qualify for an L-1 visa.

We recognize that many U.S. businesses need professional assistance when considering employing foreign workers. We work with you on all aspects of this important business decision, from a simple consultation with a small business on the benefits and consequences of employing foreign nationals, to preparing petitions for corporations continuously bringing foreign nationals to train or work at the company’s U.S. locations.


Specific Occupation Visa Charleston Immigration Lawyer

Specific Occupation Visas

These are temporary employment visas for foreign workers in particular occupations

  • Extraordinary Ability Visa – The O Visa applies to foreign nationals of extraordinary or high achievement in sciences, arts, education, business, or athletics, as demonstrated by national or international recognition, or extensive acclaim in film or television.
  • Athlete and Artist Performance Visas – The P Visa applies to internationally recognized athlete performing as an individual, group, or team, and for a member of an internationally recognized entertainment group.

Typically these visas are less complicated, though do require evidence to support the application. We work with individual athletes and performers, their talent agents, or representatives of teams/organizations to prepare and submit petitions.


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