QUEENS IMMIGRATION WAIVER LAWYER
If you are an immigrant who is hoping to live and work in the United States, either temporarily or permanently, you may be wondering how to obtain a green card through employment. A green card, also known as a permanent resident card, is a document that grants you the right and privilege to reside and work in the U.S. indefinitely, as well as to enjoy many other benefits, such as access to education, health care, and social security. If you believe you may qualify for a green card, please don’t hesitate to contact a dedicated Astoria employment immigration lawyer from Monica Saran-Nace, P.C. today.
Employment Immigration Lawyer: Helping You Realize Your American Dream
As you most likely already know, obtaining permission to live and work in the U.S. is not an easy or simple process. You need to meet certain requirements, follow specific procedures, and provide convincing evidence of your eligibility. For this reason, you need to hire a competent Astoria, Queens immigration lawyer who can help guide you through the process. You need Monica Saran-Nace, P.C.
Different Types of Employment Green Cards
Employment green cards are divided into five categories based on the type of worker and the type of green card your employer sponsors or petitions for you. These categories are:
- EB-1: This category is for priority workers who have extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; or certain multinational managers and executives.
- EB-2: This category is for professionals who have advanced degrees or exceptional ability in the sciences, arts, or business; or who qualify for a national interest waiver.
- EB-3: This category is for skilled workers who have at least two years of experience or training; professionals who have a bachelor's degree or equivalent; or other workers who perform unskilled labor that requires less than two years of experience or training.
- EB-4: This category is for special immigrants who fall into certain categories, such as religious workers, broadcasters, translators, physicians, armed forces members, international organization employees, etc.
- EB-5: This category is for immigrant investors who create jobs and invest a minimum amount of capital in a new commercial enterprise in the U.S.
Each category has its own criteria and quotas that determine how many green cards are available each year. The demand for some categories may exceed the supply, resulting in long waiting times and backlogs. The processing time and cost of each category may also vary depending on various factors.
Qualifying for an Employment Green Card
To qualify for an employment green card, you must satisfy the specific criteria of the category you are applying for. Usually, but not always, you also need a U.S. employer who is ready to sponsor or petition for you by filing a Form I-140, Immigrant Petition for Alien Worker. Just some of the other requirements for obtaining an employment green card in the United States are as follows:
- You must presently have a valid full-time job offer from a U.S. employer
- You must have a valid passport and visa
- You must have obtained a labor certification from the Department of Labor that certifies that there are no qualified U.S. workers available for the position
- You must have the necessary level of education (e.g. a Bachelor's degree or higher), or experience/skills for the position
- You must have a certain number of employees or amount of investment
- You must have a certain degree of achievement or recognition in your field (for certain visas)
- You must have a certain impact or benefit to the U.S. national interest
You must also be admissible to the United States and not have any grounds of inadmissibility that would prevent you from obtaining a green card, such as having a criminal conviction on your record. Additionally, you will have to pay certain fees and submit the necessary forms and documentation to prove your eligibility for an employment green card. If you’re already in the United States, you may have to file Form I-485, Application to Register Permanent Residence or Adjust Status. If you are not already in the United States, you will most likely have to apply for an immigrant visa at a U.S. consulate abroad.
H-1B & H-2B Visas: Temporary Work Visas
Not every employment-based immigration pathway leads directly to a green card. Many foreign nationals first come to the U.S. through temporary (nonimmigrant) work visas, which can serve as a stepping stone to permanent residency. Two of the most common are the H-1B and H-2B visas.
H-1B Visa - Specialty Occupations
The H-1B visa is designed for foreign professionals employed in “specialty occupations,” which typically require at least a bachelor’s degree or its equivalent in a specific field of study. This includes jobs in fields such as engineering, IT, architecture, finance, medicine, and education. To qualify for an H-1B visa:
- You must have a valid job offer from a U.S. employer for a role that requires specialized knowledge.
- You must hold the appropriate academic degree or its foreign equivalent
- Your employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor to ensure fair wages and working conditions.
- The employer must then submit Form I-129, Petition for a Nonimmigrant Worker, to U.S. Citizenship and Immigration Services (USCIS).
Due to high demand, H-1B visas are subject to an annual cap, and most applicants are selected through a lottery process.
H-2B Visa - Temporary Non-Agricultural Workers
The H-2B visa allows U.S. employers to hire foreign nationals for temporary non-agricultural jobs, such as in hospitality, landscaping, construction, and food processing, when qualified U.S. workers are not available. To be eligible for an H-2B visa:
- You must have a job offer for a temporary or seasonal position.
- The employer must obtain a temporary labor certification from the Department of Labor.
- The position must be one for which there are not enough U.S. workers who are able, willing, qualified, and available.
H-2B visas are also capped annually and involve strict timelines and documentation. However, with legal guidance, applicants can navigate these requirements successfully.
Whether you are looking to bring your specialized skills to a U.S. employer or work seasonally in a labor-shortage industry, our firm can help you determine if an H visa is the right choice and walk you through every step of the application process.
Other Work Visas
In addition to H-1B and H-2B visas, there are several other nonimmigrant work visas available depending on the nature of the job, the individual’s qualifications, and the relationship between the foreign worker and the U.S. employer. Some of the most common include the following:
- L-1 Visa (Intracompany Transferee): For managers, executives, or employees with specialized knowledge who are transferring from a foreign office to a U.S. branch of the same company.
- O-1 Visa (Individuals with Extraordinary Ability): For individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated through sustained national or international acclaim.
- TN Visa (Trade NAFTA): Available to qualified Canadian and Mexican professionals in certain occupations under the United States-Mexico-Canada Agreement (USMCA).
- E-1/E-2 Visas (Treaty Traders and Investors): For nationals of countries with which the U.S. maintains treaties of commerce and navigation, who come to the U.S. to engage in substantial trade or investment.
- P Visa (Performers and Athletes): For internationally recognized athletes, artists, and entertainers who are coming to perform or compete in the U.S.
- R-1 Visa (Religious Workers): For ministers and other religious workers coming to the U.S. to work for a nonprofit religious organization.
- J-1 Visa (Exchange Visitors): For individuals participating in approved cultural exchange programs, including scholars, researchers, and medical interns.
Each of these visa types has its own eligibility criteria, sponsorship requirements, and documentation needs. An experienced employment immigration lawyer can help you determine which visa is right for your situation and ensure that every form and filing is properly handled
Contact a Dedicated Astoria Employment Immigration Lawyer Today
Obtaining a green card through employment isn’t easy, and it isn’t always straightforward either. That said, with the right attorney in your corner, you stand a far greater chance of making it through the process without any hiccups. If you have any questions about getting a green card through employment or think you may qualify for one, please don’t hesitate to contact a Queens employment immigration lawyer from Monica Saran-Nace, P.C. today.
