Call: 408.214.4432
E-mail: reach@rbimmigrationlaw.com
A successful organization is made by diverse people at all levels of corporate hierarchy. When you find foreign talent that you cannot pass up on, we ensure you make compliant, short and long-term immigration decisions for the mutual benefit of the organization and the candidate.
Temporary
A variety of nonimmigrant visas allow a foreign national to lawfully work in the US, requiring the US employer to offer a temporary job opportunity and petition for the foreign worker in the US.
Providing skilled representation to both employers and employees, we boast several years of experience in filing nonimmigrant visa petitions for professionals in myriad/diverse fields including engineering, financial services, law, dentistry and teaching, to name a few.
Providing skilled representation to both employers and employees, we boast several years of experience in filing nonimmigrant visa petitions for professionals in myriad/diverse fields including engineering, financial services, law, dentistry and teaching, to name a few.
This nonimmigrant visa classification allows foreign nationals to work in the United States in specialty occupations when sponsored by US employers on a temporary basis. The maximum allotted time in H-1B classification is 6 years, unless the employer has petitioned for the employee permanently under American Competitiveness in the Twenty First Century Act (AC21).
The H-1B visa must adhere to the Department of Labor (DOL) regulations, requiring the employer to file a Labor Condition Application (LCA) with the DOL. With a ceiling of 65,000 on the number visas annually, employers can file H-1B for eligible employees with at least a bachelor’s degree in a specific specialty occupation. An additional 20,000 visas are available to individuals who have a master’s degree from an accredited educational institution in US.
The H-1B visa must adhere to the Department of Labor (DOL) regulations, requiring the employer to file a Labor Condition Application (LCA) with the DOL. With a ceiling of 65,000 on the number visas annually, employers can file H-1B for eligible employees with at least a bachelor’s degree in a specific specialty occupation. An additional 20,000 visas are available to individuals who have a master’s degree from an accredited educational institution in US.
The E-3 visa is a nonimmigrant visa that is specifically available to Australian nationals under the Australian-US Free Trade Agreement (AUSFTA). Just as with the H-1B visa, employers can sponsor an E-3 visa for an Australian citizen in a specialty occupation requiring at least a Bachelor’s degree in a specific specialty, by filing a Labor Condition Application (LCA) with the Department of Labor. However, unlike the H-1B, the E-3 visa can either be filed with the US Citizenship and Immigration Service (USCIS) or at a US Consulate in Australia.
Under the North American Free Trade Agreement (NAFTA), the TN visa is a nonimmigrant visa classification specifically available for Mexican and Canadian Nationals. The TN visa can be applied only under the listed 63 professions under the NAFTA agreement. It requires that the Mexican or Canadian national possess a specific education, licensure, or qualification in a respective field. The TN application is either submitted to the USCIS or the US Consulate abroad.
L-1A and L-1B visas are available for temporary intracompany transferees who work in managerial positions or have specialized knowledge. Multinational companies with presence in the US and foreign companies take advantage of this visa type to bring qualified candidates from abroad either through individual or blanket L-1 petitions.
A qualifying relationship must exist between the US company and their subsidiary or branch abroad and the foreign national employee of the foreign entity should have been employed by that entity for at last one continuous year within the three years before admission to the US.
Qualified employees prefer to apply for the L-1 visa because employees with this type of visa typically qualify for green card under EB-1C which is a faster path to obtaining green card through employment.
A qualifying relationship must exist between the US company and their subsidiary or branch abroad and the foreign national employee of the foreign entity should have been employed by that entity for at last one continuous year within the three years before admission to the US.
Qualified employees prefer to apply for the L-1 visa because employees with this type of visa typically qualify for green card under EB-1C which is a faster path to obtaining green card through employment.
The R-1 is a non-immigrant visa specifically available for religious workers. It qualifies ministers, priests, rabbis, ordained deacons, salaried monks commissioned officers of the Salvation Army, and practitioners and nurses of the Christian Science Church.
Permanent
With an annual limit of 140,000 visas under the employment-based immigration, there are five different preference categories they are allocated under. Most categories require the employer to sponsor an immigrant petition, but in some cases a foreign national can sponsor themselves.
Whether you are an employer requiring representation in filing the employment-based green card petition, PERM application, I-140 petition on behalf of your employee, or you are an employee seeking an attorney to file your green card application, our firm has the experience to give you expert service.
Whether you are an employer requiring representation in filing the employment-based green card petition, PERM application, I-140 petition on behalf of your employee, or you are an employee seeking an attorney to file your green card application, our firm has the experience to give you expert service.
A PERM Labor Certification is issued by the DOL and it allows the employer to hire a foreign national to work on a permanent basis. However, the employer is required to test the labor market to determine if qualified US workers are available before offering the job to a foreign worker. The following preference categories require a PERM Labor Certification from the DOL before an employment-based immigrant petition can be filed for the foreign worker.
- EB-2 – Professionals holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business
- EB-3 – Skilled Workers, Professionals Holding Baccalaureate Degrees and, Other Workers
An I-140 petition is submitted with the USCIS in order to classify a foreign worker under one of the following employment based visa categories.
- EB-1 – Persons with extraordinary ability in sciences, arts, education, business or athletics (EB-1A); outstanding professors and researchers(EB-1B); or Intercompany transfer executives and managers (EB-1C).
- EB-2 – Professionals holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business
- EB-3 – Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers
Most employment categories involve three steps, requiring the employer to complete the first and second steps, namely securing a PERM Labor Certification from the US Department of Labor (DOL) and filing an immigrant petition with the USCIS filing respectively. The third step is for the foreign national to either file an adjustment of status (AOS) application or apply for an immigrant visa at the US Consulate (Consular process). This third step is based on the availability of visa numbers and is typically defined by what is called a "priority date". The Department of State publishes a Visa Bulletin every month, which will help you determine your place in the line.
Employment immigration involves employer’s compliance with a variety of regulations set forth by the DOL and the USCIS. We analyze the needs of each company individually, provide customized advice, and ensure timely and dedicated representation to ensure your business entity does not fall afoul of the law.
Our firm's extensive experience enables us to serve US employers in filing temporary and permanent visas on behalf of their employees across a variety of industries including Start-Ups, Information Technology, Financial and Banking Sectors, Law Firms, Health Care & Medical Facilities and Educational Institutions.
Our firm's extensive experience enables us to serve US employers in filing temporary and permanent visas on behalf of their employees across a variety of industries including Start-Ups, Information Technology, Financial and Banking Sectors, Law Firms, Health Care & Medical Facilities and Educational Institutions.
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