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DuPage County Employer-Sponsored Visas Attorney

Immigration Attorneys Helping Clients with Employment-Based Visas in Illinois

Foreign nationals may seek immigration status within the U.S. through the sponsorship of an employer. This occurs when the employer is seeking status on behalf of a foreign national and is asking that the foreign national be granted status in order to work for the employer.

There are many specific requirements regarding the type of position, the nature and location of employment, the manner of hiring, etc. There is also a requirement that the U.S. Department of Labor certify the employer. There is a substantial amount of communication that must occur between the employer and the potential employee, and the process can become very complex. Each side must cooperate to provide certain information and specific documentation to the other in order for the employer-based petition to be successful.

At Mevorah & Giglio Law Offices, we will work closely with your employer and guide you through the complex process of receiving an immigrant visa. We will educate both you and your employer about the application process and what you can expect from the government. We will evaluate your situation, provide a list of documents that you and your employer will need to submit, prepare the petition and accompanying filings with you and your employer, and quickly address any issues that arise. Due to the complexity of these types of petitions, it is important to consult an experienced immigration attorney when seeking status based upon employment.

Requirements for Work Visas

In most cases, there are certain requirements that must first be met before an employer may sponsor a foreign national, such as:

  1. The employer must offer the foreign national full-time, permanent employment.
  2. The employer must be located in the U.S., although the employer is not necessarily required to be an American-owned company.
  3. The employer must obtain certification from the Department of Labor that there are no qualified U.S. workers who are available to fill the position which the foreign national is seeking.
  4. The worker must meet the minimum stated education and/or experience requirements for the employer's position.

An EB visa will allow a person to live in the United States as a lawful permanent resident. However, only around 140,000 of these visas are available each year. Much like family-based immigration, preference categories have been implemented for foreign nationals seeking to immigrate to the U.S. through employment:

EB-1 Priority Workers

Foreign nationals who qualify for this preference category include those of extraordinary ability in the sciences, arts, education, business, or athletics, those who are outstanding professors or researchers, and managers and executives subject to international transfer to the United States.

EB-2 Professionals with Advanced Degrees (or Persons with Exceptional Ability)

Foreign nationals who qualify for this preference category include those of exceptional ability in the sciences, arts, or business, as well as people who hold advanced degrees.

EB-3 Skilled or Professional Workers

Foreign nationals who qualify for this preference category include those with bachelor's degrees who do not qualify for a higher preference category, skilled workers with a minimum of two years training and experience, and certain unskilled workers.

EB-4 Special Immigrants

Foreign nationals who qualify for this preference category include religious workers, former employees of the U.S. Government abroad, broadcasters, some physicians who will practice medicine in the United States, people who have worked as translators or interpreters in Iraq or Afghanistan, and members of the United States armed forces.

EB-5 Investors

Foreign entrepreneurs may apply for a visa that will allow them to establish a business in the United States. Investors will be required to invest a certain amount of capital in a new U.S.-based business, and they must provide at least 10 full-time jobs for employees in the United States.

Temporary Work Visas

While a limited number of immigrant visas are available, foreign workers may qualify for temporary visas that will allow them to live and work in the United States for a limited number of years. H-1B visas are some of the most commonly-used temporary employment visas, and they may be available for highly skilled workers in specialized occupations. Other visas may also be available for skilled and unskilled workers, agricultural workers, and temporary and seasonal employees.

Contact Our Naperville Employment-Based Immigration Attorneys

Contact Mevorah & Giglio Law Offices today to learn how we can help you obtain a Green Card based upon your employment or apply for a temporary work visa. Our experienced immigration attorneys will work closely with you and your future employer to walk you through the process and prepare a comprehensive employer-sponsored immigration petition. Call 630-932-9100 for a free consultation.

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