Frequently Asked Questions About Employment-Based Immigration
Employment-based immigration is a pathway for individuals to obtain U.S. residency and work authorization through job offers or investments. Visas can lead to lawful permanent residence (green cards), citizenship or temporary immigration status.
At Rifkin & Fox-Isicoff, P.A., we help corporate clients, employers and high net worth individuals navigate the intricacies of employment-based immigration. Our team of attorneys includes board-certified specialists in Immigration and Nationality Law through The Florida Bar. With offices in Miami and Lima, Peru, we serve a global clientele with dedication and proficiency.
Common Questions Answered
Below are answers to employment-based immigration questions. Please reach out to our lawyers for guidance tailored to your situation.
What is employment-based immigration?
Employment-based immigration allows individuals to live and work in the U.S. through various visa categories based on job offers, skills or investments.
What types of employment-based visas are available?
Immigration law establishes numerous types of work visas. Some are immigrant visas – meaning they are pathways to green cards – while others are nonimmigrant visas, which are temporary in nature.
Common visa petitions we handle include:
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- EB-1 visas for individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers or executives
- H-1B visas for those in specialty occupations that require at least a bachelor’s degree or equivalent experience in the field of specialty
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We also handle visas such as L-1s for intracompany transferees, O-1s for individuals with extraordinary abilities or achievements, and EB-5 visas for immigrant investors, among others.
How hard is it to get an EB-1 visa?
The EB-1 visa category is highly competitive. Applicants must meet stringent criteria and provide substantial evidence of their extraordinary abilities or qualifying roles. As a result, these visas are often challenging to obtain.
What does it take for an employer to sponsor an immigrant?
Sponsoring a prospective immigrant for an employment-based visa involves filing a petition with U.S. Citizenship and Immigration Services. The petition must include thorough documentation to establish eligibility. Depending on the type of visa, subsequent steps in the process may include interviews, consular processing or adjustment of status. For some types of employment visas, employers must also complete the labor certification process and obtain a prevailing wage determination to prove that the job cannot be filled by a U.S. worker.
Can an employer sponsor an undocumented immigrant?
Employers may be able to sponsor undocumented immigrants for employment visas under certain circumstances. However, it can be challenging to do so, as the process may require obtaining waivers and securing other forms of immigration relief.
How long does the employment-based visa process take?
The processing time varies depending on the type of visa, the country of origin, any backlogs in processing applications and any quotas that are in effect. It can range from several months on the shorter end to several years for complex, high-demand visas.
What are the eligibility criteria for an H-1B visa?
Eligibility for an H-1B visa requires a job offer from a U.S. employer and a bachelor’s degree or equivalent experience in the field. The job must be in a specialty occupation. The employer must complete the labor certification process to prove that there are no qualified U.S. workers to fill the position. They must also obtain a prevailing wage determination from the U.S. Department of Labor to demonstrate that the wage offered to the H-1B visa holder is equivalent to that paid to similarly qualified U.S. workers in the same region and occupation. Additionally, the prospective immigrant must meet general eligibility criteria, such as passing all required background checks and maintaining a clean immigration record.
Get Further Guidance On Employment Immigration
Contact us today at 305-424-2645 to discuss how we can assist with your employment-based visa needs.