Fort Lauderdale Employment Visa Attorney
Employment-Based Visas Near Pembroke Pines, Miramar & Weston
There are four categories for filing for employment-based permanent residence and one category for permanent residence based on investment in a new commercial enterprise. Differences between these categories are based on the applicant’s or investor’s educational and employment background or demonstrated qualified investment, respectively.
At The Law Offices of Nishan C. Mahendran, P.A., Mr. Mahendran – an employment-based visa lawyer in Fort Lauderdale – will walk you through the process every step of the way from identifying which visa applies to you and how to petition for it.
The types of employment visas we can help you apply for are some of the following and others:
- H-1B Visa: This visa allows U.S. employers to temporarily employ a foreign worker for a special occupation.
- L-1 Visa: This non-immigrant temporary visa allows for employees of an international company with offices in the U.S. to stay here for a limited period of time.
- EB-1 Category: This is reserved for extraordinarily talented professionals in their field of expertise and/or business executives subject to transfer to a U.S.-based position. For more information, visit this category on the USCIS’s web site.
- EB-2 Category: This is reserved for persons of exceptional ability in their field of study and/or recipients of one or more advanced (masters-level) degrees), For more information, visit this category on the USCIS’s web site.
- EB-3 Category: This is reserved for professionals who have attained a bachelor's degree, skilled workers meeting specific qualifications, and/or unskilled workers. For more information, visit this category on the USCIS’s web site.
- EB-4 Category: This is reserved for immigrant religious workers and former or current U.S. government employees. For more information, visit this category on the USCIS’s web site.
- EB-5 Category: This category is reserved for immigrant Investors or persons creating or significantly expanding a new business enterprise. For more information, visit this category on the USCIS’s web site.
How Do I File an Employment-Based Petition?
The Law Offices of Nishan C. Mahendran, P.A. can help you process your visa petition on behalf of an alien worker or an employer. As an employment-based visa lawyer in Fort Lauderdale, Mr. Mahendran will carefully analyze your case and make recommendations on the most appropriate process for you or your company to pursue.
He can then assist with document and letter preparation, continuing the case through the Adjustment of Status or consular processing stage, and until the principal applicant and family members receive their employment-based permanent residency.
Navigating You Through Employment-Based Visa Processes
There are various ways one can gain permanent U.S. residence through employment opportunities, and The Law Offices of Nishan C. Mahendran is here to help you navigate the path toward this possibility.
One method of obtaining Permanent Residence in the United States is through a permanent employment opportunity. The employer is considered the sponsor or petitioner and the foreign national applying for employment-based permanent residency is the beneficiary of the employer’s petition. The employment-based permanent residency process is rather long winded in that there are several steps that must be taken to obtain the goal.
For most employment-based permanent residency applicants, the U.S. employer must first file a Labor Certification form on behalf of the company and employee to the Department of Labor (DOL). The process is currently called PERM, and before filing the PERM Labor Certification with the DOL, a strict pre-filing advertising campaign must be undertaken to prove that the U.S. labor market was apprised of the job opening.
Certain highly qualified foreign nationals – such as L-1A Managers or Executives – do not have to file a PERM Labor Certification with the Department of Labor before filing an immigrant visa petition with USCIS.
Once the PERM labor certification is approved by the DOL, the Petition for Alien Worker must then be filed with USCIS by the employer. As discussed above, the employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
Next, the State Department must give an immigrant visa number to the applicant. This is the case whether the applicant is already in the country or not. Visa numbers for each employment category are monitored in a Visa Bulletin published each month by the U.S. State Department. Certain employment-based categories, such as EB-1 and EB-2, have immigrant visa numbers available.
Finally, applicants already living in the U.S. can apply to adjust their status to permanent resident after a visa number becomes available. If an immigrant visa number becomes available when the applicant is outside the country, they must complete the employment-based permanent residency process at his or her local U.S. consulate office. Certain employment-based categories, currently the EB-1 and EB-2 categories as discussed in more detail below, allow for concurrent filing of the Petition for Alien Worker and the Application for Permanent Residence
For more information about our lawyer’s employment-based visa services, call (800) 716-4990 today and receive a free consultation!
First-Hand Immigration Experience
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Over 20 Years of Immigration Law Experience
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