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Employment Immigration

Temporary (Non-immigrant) Work Visas

Some of the visa options that may permit you to temporarily reside and work in the United States are listed below:

E-1 Treaty Traders:

Allows a national (or an employee of the national or qualifying organization) of a country with bilateral treaties with the United States to be admitted to the United States solely to engage in international trade on his or her own behalf

E-2 Treaty Investors:

Allows a national (or an employee of the national or qualifying organization) of a country with bilateral treaties with the United States to be admitted to the United States when investing a substantial amount of capital in a U.S. business.

E-3 Certain Specialty Occupation Professionals from Australia:

Allows citizens of Australia to be admitted to the United States to perform services in a specialty occupation (a position that requires theoretical and practical application of a body of highly specialized knowledge and the minimum of a Bachelor’s degree in a specialized specialty).

H-1B Specialty Occupations:

Allows an individual to be admitted to the United States to perform services in a specialty occupation (a position that requires theoretical and practical application of a body of highly specialized knowledge and the minimum of a Bachelor’s degree in a specialized specialty).

H-3 Trainee:

Allows individuals to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the alien’s home country.

J-1 Exchange Visitor:

Allows individuals to participate in exchange visitor programs in the United States.

L-1A Intracompany Transferee Executive or Manager:

Allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

L-1B Intracompany Transferee Specialized Knowledge:

Allows a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.

O-1 Individuals with Extraordinary Ability:

Allows an individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements to work in the United States in their field.

R-1 Religious Workers:

Allows an individual who is coming to the United States temporarily to be employed as a minister or in another religious vocation or occupation by a non-profit religious organization in the United States. The R-1 visa program is intended for religious workers whose lives are dedicated to religious practices and functions, as distinguished from secular members of the religion. To qualify, you must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before the filing of the petition.

TNs for Canada and Mexico:

Allows qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level under the North American Free Trade Agreement (NAFTA). The types of professionals who are eligible to seek admission as TN non-immigrants include, but are not limited to, accountants, engineers, lawyers, pharmacists, scientists, and teachers.

In addition to the visas listed above, there may be other options available to you to live and work in the United States. Contact us to schedule a consultation with an experienced Immigration Attorney who will formulate the best-case strategy depending on your particular facts and circumstances. 

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Permanent Employment-based Green Cards

U.S. immigration law provides a variety of ways for you to obtain your green card to become a lawful permanent resident through employment in the United States. These employment-based (EB) “preference immigrant” categories include:

EB-1:

If you are an alien of extraordinary ability, an outstanding professor or researcher, or a certain multinational executive or manager, you may be eligible for an employment-based, first-preference visa. You must prove that you have sustained either national or international acclaim, demonstrate international recognition for your outstanding achievements in a particular academic field, or be sponsored in a managerial or executive capacity and meet the other sponsorship requirements.

EB-2:

If you are being sponsored for a job that requires an advanced degree or its equivalent, or are a foreign national who has exceptional ability in the arts, science, or business, you may be eligible for an employment-based, second preference visa. For those filing as exceptional ability aliens, you must show that you possess a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

EB-3:

If you are a skilled worker (at least two years of job experience / training), professional (bachelor’s degree and work in the profession associated with that degree), or are an unskilled workers, you may be eligible for a third preference visa.

EB-4:

If you are a religious worker, NATO employee, broadcast journalist, international employee of the U.S. government abroad, member of the armed forces, certain physician, etc., you may be eligible for a fourth-preference visa as a “special immigrant.”

EB-5:

If you invest make the necessary investment ($1.8 million or $900,000 for targeted employment area) in a commercial enterprise in the United States, and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers, you may be eligible for a fifth preference visa.

Pursuing your case in the EB-1 or EB-2 visa preference categories, if eligible, may mean a shorter waiting period for you to obtain your green card. Contact us to schedule a consultation to see what obtains may be available to you.

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Job Offer and Labor Certification Requirement

Most of the employment-based preference categories require you to have a job offer in place with an employer that is willing to sponsor you for a green card.

Generally, before a U.S. employer can submit an immigrant petition to USCIS, the employer must obtain an approved labor certification application from the U.S. Department of Labor (DOL). Prior to filing the labor certification application with the DOL, the employer must undergo a recruitment process to prove the following the following to the DOL:
• That there are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage; and

• Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The labor certification process is extremely complex and requires an experienced attorney who is familiar with the exact procedural requirements. Otherwise, failure to follow the proper protocol can result in the denial of a labor certification application by the DOL which can be detrimental to your case.

At Law MJ Kim LLC, we have assisted employers in a variety of fields, such as technology, construction, engineering, restaurants, bakeries, household employers and more, successfully navigate the labor certification process.

Contact us to speak with an experienced Immigration Attorney who will be able to properly guide you and your employer through the labor certification and employment-based green card sponsorship process.

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Visa Preference Categories Exempt from Obtaining a Labor Certification from the Department of Labor

Certain employment-based preference categories do not require an approved labor certification from the DOL. In addition, certain employment-based preference categories permit you to self-sponsor yourself for a green card.

Aliens with Extraordinary Ability Visa (EB-1):

If you qualify as an alien of extraordinary ability, an outstanding professor or researcher, or a certain multinational executive or manager, you are eligible to “self-sponsor” yourself for a green card without the need for an employer to serve as the petitioning sponsor. You are also exempt from the labor certification process and may file an immigrant petition directly with USCIS without obtaining an approved labor certification from the DOL.

National Interest Waivers (EB-2):

If you qualify for a green card under the EB-2 visa preference category, you may request a waiver of the labor certification requirement if your employment in the United States will greatly benefit the nation. You may “self-sponsor” yourself for a green card when requesting a national interest waiver.

Schedule A for Nurses, Physical Therapists, Occupational Therapists:

If you are a nurse, physical therapist or occupational therapist, your employer may file an immigrant visa petition directly with USCIS without first going to the DOL for a labor certification. This will fast-track your green card application. In addition, you may fall into the EB-2 visa preference category if an advanced degree or its equivalent is required for the position further speeding up your green card process.

Religious Workers (EB-4):

If you are a minister, or a non-minister in a religious vocation or occupation and you are seeking a green card for the purpose of performing religious work in a full-time compensated position, your employer is exempt from the labor certification requirement and may file an immigrant petition directly with USCIS. While the labor certification may be exempt, you are still required to have an employer sponsor you for a green card.

Multinational Executives or Managers (EB-1):

If you have been employed outside the United States in a managerial or executive capacity for at least one year by a company during the last three years preceding the petition, you can be sponsored for a green card by a U.S. employer in the EB-1 visa preference category without the employer obtaining an approved labor certification from the DOL. You must be sponsored by a U.S. employer and your sponsoring employer must have been doing business for at least one year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

Contact us to schedule a consultation to see the options that may be available to you to live and work permanently in the United States.

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