Employment Visas
Employment Visa Overview
At Jorge Munoz Law Firm, we are experts in providing top-notch immigration services.
Without a direct relationship to a U.S. citizen or permanent resident, foreign nationals almost always need employment visas to work in the United States.
Our team of experienced attorneys understands the complexities of U.S. immigration law and are committed to helping our clients get their work visa applications approved as quickly as possible.
Table of Contents
Are You Eligible For An Employment Visa?
Experience and Specialized Knowledge
Comprehensive Advice and Representation
Excellence In Customer
Service
Successful Results
Key Highlights of Our Employment Visa Services:
- Visa Eligibility Assessment: Our attorneys conduct a comprehensive assessment of our clients’ eligibility for employment visas based on their unique circumstances, such as their skills, qualifications, and U.S. job offer. We provide expert guidance on choosing the appropriate employment visa category that aligns with our clients’ goals and qualifications.
- Legal Document Preparation: Our team of skilled attorneys prepares all the necessary legal documents for employment visa applications, including forms, petitions, supporting letters, and other required documentation. We ensure that all the documents are accurate and complete to maximize our clients’ chances of approval.
- Employer Compliance: We guide employers through the process of obtaining labor certifications, prevailing wage determinations, and complying with the U.S. Department of Labor regulations. We also assist employers in preparing the necessary documentation to establish their ability to pay the offered wage to the immigrant employee.
- Petition and Application Filing: Our attorneys handle the entire process of filing the employment visa petition or application with the U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State, depending on the visa category. We ensure that all the required forms, supporting documents, and fees are properly submitted to increase the chances of approval.
Requirements for U.S. Employment Visas
The specific requirements for an employment visa in the United States may vary depending on the work visa category, but some common requirements include:
- Job Offer: Generally, an individual must have a valid job offer from a U.S. employer who is willing to sponsor their visa.
- Qualifications: The individual must possess the necessary skills, education, experience, or qualifications that are required for the job offered in the United States.
- Visa Category Eligibility: The individual must meet the eligibility criteria for the specific employment visa category, such as H-1B for skilled workers, L-1 for intracompany transferees, O-1 for individuals with extraordinary ability, etc.
- Labor Certification: For certain employment visas, such as the EB-2 and EB-3 categories, the employer may need to obtain a labor certification from the U.S. Department of Labor to demonstrate that there are no qualified U.S. workers available for the job.
- Employer Compliance: The employer must comply with U.S. Department of Labor regulations, including offering the prevailing wage to the immigrant employee and demonstrating the ability to pay the offered wage.
- Forms and Documentation: The individual and/or the employer may need to complete and submit specific forms and supporting documents, such as petitions, evidence, letters, and other documentation as required by the visa category.
- English Language Proficiency: Depending on the visa category, the individual may need to demonstrate English language proficiency through tests or other means.
- Medical Examination: Some employment visas may require the individual to undergo a medical examination to ensure they do not pose a health risk to the U.S. population.
- Admissibility: The individual must be admissible to the United States, meaning they must not have any criminal, security, or health issues that would render them ineligible for a visa.
It is in your best interest to choose an experienced immigration attorney before starting the process of applying for a work visa. The Charleston immigration lawyers at Jorge Munoz Law Firm in South Carolina are experts in immigration law.
Secure Your Future With Expert Employment Visa Assistance.
Types of Employment Visas
Nonimmigrant Employment Visas
Not everyone who wants to work in the United States seeks permanent residency. U.S. officials process many different types of nonimmigrant work visa applications.
Some of the nonimmigrant work visa applications we have helped prepare and file include:
- O-1 employment visas for “Individuals with Extraordinary Ability or Achievement”
- P-1 employment visas for “Individual or Team Athletes, or Members of an Entertainment Group”
- P-2 employment visas for “Individual Performers or Part of a Group Entering to Perform Under a Reciprocal Exchange Program”
- P-3 employment visas for “Artists or Entertainers Coming to be Part of a Culturally Unique Program”
- B-1 employment visas for temporary business visitors
- E-1 visas for traders
- E-2 visas for investors
- E-3 employment visas for nonimmigrant workers in a qualifying specialty occupation from Australia
- H-1B employment visas for people in qualifying specialty occupations
- H-1B2 employment visas for DOD cooperative research and development workers
- H-1B3 employment visas for fashion models
- I visas for representatives of a legitimate foreign media company
- L-1A employment visas for executives and managers transferring to the United States from within an international company
- R visas for specific occupations including temporary religious workers
Immigrant Employment Visas
Some employment-based visas are available to those who would ultimately like to seek permanent residency. This family of immigrant visas is incredibly complex with a hierarchy of employment-based immigrant visa preference categories.
These preference categories are broken down in the following way:
- EB-1 Visa – First Preference Employment-Based Immigrant Visa
- EB-2 Visa – Second Preference Employment-Based Immigrant Visa
- EB-3 Visa – Third Preference Employment-Based Immigrant Visa
- EB-4 Visa – Fourth Preference Employment-Based Immigrant Visa
- EB-5 Visa – Fifth Preference Employment-Based Immigrant Visa
At Jorge Munoz Law Firm, our experienced immigration attorneys will represent your best interests if you want an immigrant visa through employment. We can help you assemble your supplemental documents, work with your future employer to avoid mistakes on their petition, and walk you through the entire process. You need someone with experience and proven success on your side, and we would be honored to help.
Trust Us With Your Employment Visa Process.
Frequently Asked Questions
Certain professionals from North American Free Trade Agreement countries may qualify to work in the U.S. with a TN Nonimmigrant Classification. If you are an accountant, engineer, lawyer, pharmacist, scientist, or teacher from either Canada or Mexico, this may be your easiest option to work in the U.S. for an initial period of up to three years. Most of our clients applying for this special classification require a visa, but some don’t. We can guide you through every step of the application process.
People with certain exceptional abilities may qualify for a waiver so that they won’t need a job offer or permanent labor certification to get a work visa. Their abilities make them assets to the United States. Contact us if you are interested in applying for a National Interest Waiver.
To be allowed to employ a worker on an employment visa, employers usually must file a PERM application. This is the application that the Department of Labor needs to issue an employer a Permanent Labor Certification. If you are an employer seeking a Permanent Labor Certification, please contact us so that we can make sure your application is filled out correctly.
The processing times for employment visas can vary depending on the visa category, government processing times, and other factors. It’s important to check the most up-to-date processing times with USCIS or the U.S. Department of State.
In some cases, changing employers or jobs while on an employment visa may require filing a new visa application or obtaining approval from USCIS. It’s important to consult with an immigration attorney to understand the legal requirements and process for changing employers or jobs.
Immigration Services With Jorge Munoz Law Firm
Your immigration needs matter to us. Our clients are our priority. Mr. Jorge Enrique Munoz is the founder and managing attorney of our firm. He speaks English, Spanish, and Portuguese.
As an attorney, MBA, and immigrant, he leads the law firm with a wider skillset for employment-based immigration law than many other firms.
Contact us today to schedule a consultation so we can discuss the best path forward towards your lawful employment in the United States.