Houston Employment-Based Immigration Lawyer
The Abbasi Immigration Law Firm’s experienced immigration team includes an employment-based immigration lawyer who can assist with your employment immigration needs.
Call today to schedule your consultation.
Understanding Employment Based Immigration
Employment-based immigration means that if you have specific skills, education, and work experience, you can come to the United States. This helps the U.S. bring in talented people who support the country’s economy. At the Abbasi Immigration Law Firm, we’re dedicated to helping you with this complex immigration process here. Experienced Houston immigration lawyers like those at the Abbasi Immigration Law Firm are crucial in this area because it takes deep knowledge of immigration laws and the ability to stand up for your interests.
Special visas are usually given to people with skills that are hard to find in the U.S. This helps businesses do well. Houston immigration attorneys at the Abbasi Immigration Law Firm can provide expert advice to foreign investors who want to invest in companies and get permanent residency in the U.S. U.S. immigration law has different ways for foreign citizens to work here, like temporary Employment-Based Immigrant Visas or Green Cards for Employment-Based Immigrants. The choice depends on your job.
Houston immigration lawyers at the Abbasi Immigration Law Firm can also help with E-Verify, an online system for employers to check if their new workers can legally work in the U.S. This can make the process smoother for foreign workers by showing that employers have enough money and the proper documents.
Explore Employment-Based Immigration: EB-1 First Preference
The Abbasi Immigration Law Firm is here to help you understand the EB-1 First Preference category for the employment based immigration visas. This category offers a pathway for noncitizens with extraordinary abilities, outstanding professors and researchers, and certain multinational managers or executives to obtain a visa to the United States. Each category has specific requirements that must be met:
Extraordinary Ability:
Description: To be eligible in this group, you must prove that you are exceptionally good at arts, sports, teaching, science, or business and that people worldwide or in your country know about it.
Evidence: You must meet at least 3 of the 10 criteria listed or provide proof of a significant achievement (e.g., Pulitzer Prize, Oscar, Olympic Medal) and evidence of continued work in your field. No job offer or labor certification is needed.
Outstanding Professors and Researchers:
Description: This category is for individuals with international recognition for outstanding academic achievements. You must have at least 3 years of teaching or research experience in your area and plan to work in a teaching or research position in the U.S.
Evidence: You need to meet at least 2 of these 6 criteria below and have a job offer from a U.S. employer. The employer should have at least 3 full-time researchers. You don’t need labor certification for this.
Certain Multinational Managers or Executive:
Description: If you have worked outside the U.S. for at least 1 year in the 3 years before applying, and your U.S. petitioner has been in business for at least 1 year and has a qualifying relationship with your previous employer, you may qualify.
Evidence: Your U.S. employer should plan to hire you in a managerial or executive role. The petitioner must have been operating in the U.S. for at least 1 year with a qualifying relationship to your previous employer. No labor certification is required.
The Abbasi Immigration Law Firm can help you with the EB-1 First Preference process. We’ll make sure you qualify and have all the proof you need. Whether you are an extraordinary talent, an accomplished academic, or a multinational executive, we are here to assist you on your journey to secure a U.S. employment-based visa.
Benefits of Employment-Based Immigration
Houston Employment-based immigration lawyers at the Abbasi Immigration Law Firm offer many advantages.. First, working in a diverse and robust economy lets people improve their careers. This helps them grow personally and become financially stable. Also, it allows the U.S. economy to fill job openings, encourage new ideas, and make the country more competitive.
Here are some more advantages:
- Better Job Opportunities: Employment based immigration allows individuals to find better job opportunities in the United States. It means immigrants can work in jobs that might not be available in their home countries or may not pay as well.
Learning and Growth: People working in a diverse economy like the U.S. often learn new skills and grow as professionals. This can help them build successful career
Financial Stability: A stable job in the U.S. can provide financial security. People can support their families, save for the future, and live comfortably.
Contributing to the U.S.: Employment based immigrants also benefit the U.S. Immigrants fill gaps in the job market, leading to better products and services. Their fresh ideas and talents can make the country more competitive globally.
Employment-based immigration benefits individuals and the United States by creating opportunities for success and growth.
Types of Employment Based Visas
As experienced Houston Employment based immigration lawyers at the Abbasi Immigration Law Firm, we know how important it is to find the correct visa for your specific needs. Here’s a simple overview of the main types of work visas:
Person of Extraordinary Ability (EB-1): This is for exceptional people in science, education, art, business, or sports. You need an approved Immigrant Petition for Foreign Worker (Form I-140) filed with USCIS.
Outstanding Professor/Researcher (EB-1): Reserved for well-known professors or researchers with at least three years of field experience.
Multinational Executive or Manager (EB-1): For executives or managers who have spent at least a year working abroad for a linked U.S. firm in the last three years.
Advanced Degree or Exceptional Ability (EB-2): For individuals with particular science, art, or business skills that will significantly benefit the U.S. economy or culture. Having a labor certification and an employer willing to sponsor you would be best.
Skilled/Unskilled Worker (EB-3): For professionals, other workers, and skilled workers. Skilled workers have at least two years of training or work experience.
Professional With Baccalaureate Degree (EB-3): For ‘professionals’ whose position requires at least a U.S. bachelor’s degree or an equivalent from another nation. Additionally, it would help if you had a sponsoring employer.
Special Immigrants (EB-4): This visa includes various specialized categories like religious workers, broadcasters, and armed forces members. It would help if you typically had an approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). Labor certification request isn’t required. Several subgroups within the E4 category include broadcasters and religious workers.
Immigrant Investors (EB-5): This is for people who invest significantly in a new business that creates jobs for U.S. workers.
Other Work Visas: There are different work visas like H-1B, H-2V, O, and P visas for workers with specific qualifications and achievements.
Starting a journey in employment-based immigration services can be tricky, but with guidance from an experienced an Abbasi employment based immigration lawyer in Houston, your path to success becomes more precise.
How to Prove Extraordinary Ability
You must provide evidence to show that you are exceptionally talented and well-recognized in your field. You can do this by either showing you’ve won a major international award or by meeting at least 3 out of these 10 criteria (or similar proof if these don’t exactly fit):
You’ve won smaller but still well-known prizes or awards.
You’re a member of important groups in your field.
Your work has been talked about in professional magazines or big media.
You’ve been asked to judge other people’s work, either alone or in a group.
You’ve significantly contributed to science, art, sports, business, or other areas.
You’ve written articles in respected magazines or media.
Your work has been shown in art exhibitions or events.
You’ve played a big role in important organizations.
You earn a high salary compared to others in your field.
You’ve had commercial success in the performing arts.
For more details about proving your extraordinary ability, you can check out Volume 6, Part F, Chapter 2 of the USCIS Policy Manual.
Requirements for Employment-Based Petitions
You must adhere to guidelines to obtain a work visa for the United States. These regulations guarantee that the U.S. economy will gain from both the permit applicant and the person hiring them.
Most of the time, you need a real job offer from a foreign national or a U.S. employer. This employer has to meet specific requirements for the job, like the job type and having enough money to pay the salary we offered.
The person getting the visa must fit into one of the employment-based categories. These categories include people with special skills or talents, like skilled workers. Each class has its own rules for who can apply.
When it comes to employment-based immigration, employers play a big role. We have to request a visa for the person we want to hire. We must prove we can pay the offered salary, follow labor laws, and ensure fair work conditions and pay.
The Department of Labor also gives a special certificate. It says there needs to be more qualified U.S. workers available for the job and that hiring a foreign worker will help U.S. workers in terms of pay and working conditions.
Application Process
Extraordinary Ability: If you’re good at something special, you can apply independently using Form I-140 – Petition for Alien Worker.
- Outstanding Professors and Researchers: Your employer in the United States must submit Form I-140 on your behalf. Your employer must show we can keep paying your salary as part of the application process. We can use annual reports, tax returns, or financial statements to prove this.
- Multinational Manager or Executive: Your U.S. employer must also file USCIS Form I-140 – Petition for Alien Worker. We must prove we can keep paying your wage using similar financial documents.
Your spouse and any unmarried children under the age of 21 may be eligible to seek admission to the U.S. under the E-14 immigrant visa or E-15 immigrant status, depending on the outcome of your I-140 petition.
Contact an Immigration Lawyer Today
When you choose the Abbasi Immigration Law Firm to help with your employment-based visas or green cards, you’re getting a skilled, experienced legal team. Our immigration lawyers are here to work hard to find the best way for you to get a visa to work legally in the United States. Our clients include agricultural employees and their employers, other foreign nationals, workers seeking permanent residency (LPRs or green card holders), and others who are eligible for employment-based immigration status, including nonimmigrant visas, immigrant visas, or green cards.
We’re a Houston-based law firm providing legal help all over Texas and the U.S. We have years of experience with immigration issues and can give you the advice and guidance you need to apply for and maintain residency in the United States. We understand the law, and when we combine that with your situation, we can create a legal plan to make your American dream come true.
If you need help with employment-based citizenship, contact us today for a free consultation.