Employment-Based Immigration: Coming To The United States For Work
The immigration laws and regulations are complicated with an overwhelming number of options. Wilson Law Group was founded in Minneapolis in 2003 with the vision to offer innovative and creative immigration solutions for families and workers who wish to live and work in the United States. We also offer counsel and advice to employers based in the U.S. who wish to bring specialty workers and employees to the country for employment purposes. Whether you are an employer or an employee, our firm can help you find the best employment-based immigration option to fit your needs.
Employment-Based Temporary Visas
For employees who wish to come to the United States on a temporary basis and have an expat experience, there are a number of different options for temporary employment-based visas. These include:
- E-1 treaty trader visas
- E-2 treaty investor visas
- E-3 visas for Australians in specialty occupations
- H-1B visas for specialty occupations
- H-1B1 fast-track visas for Singapore or Chilean specialty workers
- H-2A visas for temporary agricultural workers
- H-2B visas for temporary non-agricultural workers
Each employment-based visa will have its own terms and conditions, and allow parameters for bringing spouses and dependent minor children. All of the temporary employment visas will expire and at the end of the expat assignment, the employee and the employee’s family will be expected to return to their home country.
However, at Wilson Law Group, we can help those who wish to remain in the United States explore other options for permanent residency or a green card and apply for a change in their immigration status.
Employment-Based Permanent Residency (Green Cards)
Most foreign nationals who qualify for a visa under employment-based conditions are not necessarily seeking to live in the United States permanently. However, there are a number of immigration options for foreign national employees who are seeking a permanent change. In this case, the employee can seek lawful permanent resident status (or a green card) under the following immigration options:
- O, P and E-B1 visas for foreign nationals demonstrating extraordinary abilities
- E-B2 visas for professionals with advanced degrees
- E-B3 visas for professionals with bachelor’s degrees
- E-B5 visas for immigrant investors with removable conditions for permanent residency
- Visas for physicians and specialty health care professionals
No matter what type of employee you are or which U.S. employer you plan to work for, our immigration attorneys have the experience and knowledge of the various types of immigration options and strategies to help you successfully achieve your employment immigration goals.
The U.S. Department of State has set forth employment-based preference categories for employment-based petitions, including:
- First preference: Priority workers
- Second preference: Professionals holding advanced degrees and those with exceptional abilities
- Third preference: Professionals, skilled and unskilled workers
- Fourth preference: Select special immigrants
- Fifth preference: Immigrant investors
The employment-based visa preference categories allow the government to prioritize applicants based on the foreign applicant’s skills and abilities. There is a cap on the number of visa applications that can be approved each year, which means that wait times for different employment visa categories can be lengthy.
Contact Us For Assistance With Employment Immigration
Whether you are an employer based in the United States who is looking to hire a foreign national employee, or an employee who is looking to immigrate to the United States for work, we can assess your situation and help you determine the best visas and immigration options. To schedule a free appointment, contact our office through our website or call us at 612-430-8022.