Employment-Based Immigration

 What is it?

Employment-based immigration encompasses a wide variety of opportunities to come work temporarily or seek lawful permanent residency. 

Common Types:

Temporary employment-based visas: these are called nonimmigrant visas. These are for individuals intending to work in the US for a time and return to their home country.

Permanent employment-based visas. These are called immigrant visas. These are for individuals intending to move to and work in the US permanently. These visas allow individuals to get a green card through their work.

How we can help

Powers Law Group PC can help your company determine which type of visa is the best for your employees. To speak with an experienced lawyer about your employment immigration concerns, call Powers Law Group, P.C. at (713) 589-2085.

Success Stories

L-1A New Office Extension July 2016: Approved in 15 days with premium processing.

NIW (National Interest Waiver) May 2016: Approved in less than a month without premium processing!

L-1A Multinational Manager Transfer April 2016: Petition approved within 15 days with premium processing.

E-2 Canada March 2016: Consular processing approval without request for evidence.

O-1 Individuals with Extraordinary Ability or Achievement October 2015: Petition approved without request for evidence in 2 weeks!

L-1A Multinational Manager Transfer October 2015: Petition approved in 7 days

Temporary employment-based visas include:

H-1B visa Specialty occupation: The H-1B visa allows U.S. employers foreign professionals to work in the U.S. in professional or specialty occupation positions. 

 L-1A visa Intracompany Transferee: L-1A visas allow U.S. companies with affiliated foreign offices to transfer employees in executive or managerial positions to the U.S. for up to 7 years. 

L-1B visa: Specialized Knowledge Intracompany Transferee: L-1B visas allow U.S. companies with affiliated foreign offices to transfer employees with specialized knowledge to work in the U.S. 

 E -1 & E-2 Visas: Treaty Trader or Treaty Investor: The E-1 and E-2 non-immigrant visas are granted to citizens of foreign countries that have a treaty commerce and navigation, or a bilateral investment treaty providing for non-immigrant entries with the U.S.

 E-3 Australian Professionals : The E-3 non-immigrant visa is granted to Australian Citizens.

 TN visa: Treaty Nafta Visa for Mexican and Canadian professionals:  The TN visa allows for Mexican and Canadian nationals to come to the U.S. and work temporarily in a certain professions  which have been identified by the North American Free Trade Agreement (NAFTA) such as accountants, computer system analysts, management consultant, geophysicists, and engineers.

 O visa: Persons of Extraordinary AbilityThe O-1 visa is available to individuals who hold extraordinary ability in certain fields, including the sciences, the arts, education, business, or athletics. The applicant must have been recognized nationally or internationally for their achievements in their field.

 P visa: Entertainers, Athletes, artists and cultural exchange workersP visas are available to entertainers, athletes, artists and cultural exchange workers to come temporarily in the US to perform in their field.

 R-1 visa: Religious Worker visasThe R-1 visa allow for a religious worker to come and work temporarily in the US for a non-profit religious organization as a minister or in a religious capacity.

 B-1 in lieu of H-1B:This classification allows employee of a foreign company to enter in the U.S. to work temporarily for a short time for the affiliate U.S. Company. The foreign employee must occupy a professional occupation (which requires at least the attainment of a Bachelor’s degree). Also, the foreign employee can only be paid by the foreign company and must comply with other B-1/B-2 requirements.

 F-1 Student Visa:This classification allows a foreign national to enter the U.S. to study at the Institution of Higher Education. Students are allowed to seek Curricular Practical Training (CPT) while they are completing their study program. They can also obtain the Optional Practical Training (OPT) after completion of their studies.

 J-1 Trainee Visa:This classification allows exchange visitor who has a foreign degree or a professional certificate and at least one year of prior related experience to obtain training for up to 18 months with a U.S. company.

H-2A Visa: this classification allows employers to hire temporary agricultural workers.

 H-2B Visa: this classification allows employers to hire a temporary worker for a period of less than one year.


Permanent employment-based immigrant visas include:

A Foreign National may receive a Lawful Permanent Resident card which is commonly referred to as a “green card” through his or her employment.  In a few words, a U.S. company must sponsor the Foreign National either for a position that the person already holds or for a new position. These are broken into preference categories.

First Preference Visas

EB-1-1 category: EB-1-1 visas are available to individuals who hold extraordinary ability in the arts, sciences, athletics, education, or business.

 EB-1-2 category: EB-1-2 visas are available to outstanding professors and researchers.

 EB-1-3 category: EB-1-3 visas are available to multinational executives and managers.

 Second Preference Visas

EB-2 PERM Labor Certification: EB-2 visas are available to Foreign Nationals, members of professions holding either an advanced degrees, meaning a Master’s degree or its equivalent, or holding exceptional abilities in their field. The U.S. employer must complete a labor certification process before the U.S. employer can petition for the Foreign National’s immigrant EB-2 visa.

 EB-2 (NIW)Foreign Nationals who hold exceptional abilities in their field and can demonstrate that their employment will be of national significance to the U.S. may seek a national interest waiver (NIW). Candidates who qualify for the NIW do not have to complete the labor certification process.


Third Preference Visas

EB-3 category: EB-3 visas encompass three categories of workers  who must complete the labor certification process:  professional workers who hold a bachelor degree, skilled workers who hold two years of work experience or training, and unskilled workers.

 Fourth Preference Visas

EB-4 Religious Worker: This category allows special immigrants or religious workers to qualify for an immigrant visa.

EB-5 Immigrant Visa for Investors:The EB-5 immigrant visa is the fifth employment-based preference category. EB-5 visas are available to Foreign Nationals who have invested or are in the process of actively investing in a new commercial enterprise that will create at least 10 full-time jobs in the following two years and benefit the U.S. economy.

 To speak with an experienced lawyer about your employment immigration concerns, call Powers Law Group, P.C. at (713) 589-2085.