Employment-Based Immigration

We have been helping individuals and employers with employment-based visas for over two decades. We work with individuals seeking to work in the U.S. and with employers who rely on the expertise of workers from abroad in a wide-range of businesses and occupations. Employment may be temporary as a nonimmigrant, or immigrant (lawful permanent resident, commonly a “green card”). Our clients have been involved in health care, university and secondary education, research and development, manufacturing, agriculture, high tech industries, and many others.

Today, access to an international workforce is essential in many industries. Equally important, multi-national companies must have the opportunity to move personnel globally. The employment sought may be either temporary or permanent, depending on needs, qualifications, skills, knowledge, etc. Our immigration law practice can be a valuable tool for those interested in taking advantage of the global marketplace. We are able to can assist clients worldwide from our office in Ann Arbor.

Employment-Based Immigrant Visas (Permanent Residence/Green Card)

For an employer seeking permanent employment of a foreign national, many avenues may be open to file for a green card. Many times, the workers are first here in a nonimmigrant category and wish to seek a green card while in the U.S. In some cases, an employment-based green card will require an employer to use the labor certification process, a complex and technical procedure involving an advertising campaign seeking qualified workers. In other cases, a highly qualified foreign national may file on his or her own behalf. In a number of situations, the employee may qualify as a multinational managerial/executive transfer. We will explore the options that make the most sense and lay out a plan of attack.

Employment-Based Nonimmigrant Visas/Status

We assist with a wide variety of employment-based nonimmigrant cases, including change of status for one already in the U.S. Some of the more common types are:

H-1B - specialty occupation
E-1 - treaty trader
E-2 -treaty investor
E-3- for Australians L-1A and L-1B - intra-company transferee
TN- for Canadians and Mexicans

However, with more than 25 years of experience helping people and companies, we have handled virtually every type of nonimmigrant visa. Other than those listed above, some of which include work authorization, more are set forth below.

A-1 - ambassadors, ministers, diplomats, and consular officers
B-1 - business visitors; not allowed to be employed in U.S.
B-2 - tourists; U.S. employment not allowed;
F-1 – foreign students; may be able to work
H-3 - trainees coming for on-the-job training
I - representatives of the foreign news media; may work
J-1 - exchange visitors; work authorized, but limited
O-1 - persons of extraordinary ability in the arts, athletics, business, education, or science; employment allowed
P - artists, athletes, and entertainment groups; employment authorized
R-1 - members of religious organizations; allows employment

For a brief overview, see the “ABCs of Immigration” article by Dick.

Is Your Visa or Status About to Expire?

If your visa or nonimmigrant status is about to expire, we may be able to help extend it. For instance, an H-1B visa or status is valid for three years. But it may be extended for another three years. If you have H-1B status and wish to remain permanently, we can help you apply for a Green Card in a timely fashion to allow you to remain throughout the process. Others may be able to change to a different nonimmigrant status.

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