Facilitating a diversified workforce for the benefit of immigrants and the U.S. economy
The U.S. prides itself on its workforce, and thousands of skilled and qualified workers are granted entry to the U.S. for employment purposes every year. But the process of obtaining an employment visa is complicated and can be competitive, as these visas are limited in number. CINA of Nashville, PC, routinely advises individuals seeking to obtain an employment visa, as well as companies looking to hire foreign nationals. Our expertise in the area of U.S. immigration law has brought countless immigrants into the country to facilitate a diverse and developed economy.
What are my options for obtaining a visa in order to work in the U.S.?
The employment-based immigrant visas are divided into preference categories, depending on the degree of the applicant’s professional skill and expertise:
|–||Priority workers—The first preference category of E1 visas are available to individuals who have achieved international acclaim and recognition in their field—be it science, medicine, art, education, business, or athletics—or professionals and executives looking to transfer to employment to their organization’s affiliate, subsidiary, or branch in the U.S. Depending on the individual and the category within which he or she fits, there may or may not be a need to even have a specific job offer before applying for the visa.|
|–||Professionals holding advanced degrees and persons of exceptional ability—E2 visas in the second preference category includes those individuals whose experience is beyond a baccalaureate degree or includes a baccalaureate degree and is accompanied by substantial experience. Also included in this preference category are individuals with exceptional ability in the areas of science, art, or business. A job offer is required in order to apply under this employment visa preference.|
|–||Skilled workers, professionals, and unskilled workers—The third preference category is broad and these E3 visas includes both skilled workers and professionals whose credentials or work experience do not necessarily rise to the level of those in the second preference category, in addition to unskilled workers filling positions that require less than two years of experience.|
Most visa applicants fit within the above three preference categories, but there are two additional preference categories, focused on investors (E5 visas) and individuals who have served the U.S. government in some fashion (E4 visas).
Together, these five preference categories create an incredibly complicated maze of legal definitions, classifications, and requirements. To obtain an employment-based visa, an immigrant must file Form I-140 Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services, and for some visas (e.g., those in the E2 and E3 preference categories) the prospective employer must begin the process by applying to the Department of Labor for a labor certification approval. If your Petition is approved and you do not have an attorney you must then file Form DS-261. There are fees associated with each form, and substantial documentation that must be compiled. You must also complete a medical examination and demonstrate that you will not become a “public charge” based on health, age, assets and resources, financial status, and education. A single mistake in the process or misclassification can delay an application or jeopardize an employment opportunity. A Tennessee work visa lawyer who understands these laws and procedures can ensure that mistakes are not made, and can secure your employment opportunities in the U.S.
Prospective employers and employees should rely on focused employee-based visa attorneys
While the U.S. immigration laws governing visas are complicated from start to finish, the employment-based visa regulations are especially so. And, from an applicant’s standpoint, there is a lot on the line because the number of these visas issued each year is limited. Justifying one’s inclusion in a certain preference category can require serious documentation and evidence. Additionally, this process involves coordination with various government agencies and departments, private institutions and businesses, and foreign organizations. Knowing who to talk to and when can be confusing, and there is too much on the line for confusion. A Tennessee employment visa attorney should be consulted to navigate you through this process.
Secure your future in the U.S.—contact us for fast and accurate legal support through the employment visa process
Whether you are a U.S.-based company looking to hire a foreign national or are an individual with prospective employment in this country, CINA of Nashville, PC, ensures the process is done right the first time, and without delay. Call us at 001 + (615) 324-7757, or toll-free at (877) 381-2814, for a FREE 10 minute phone consultation. Or, those in the Nashville area can come by our office to schedule an appointment. We are located at 2500 21st Avenue, conveniently off I-440, with plenty of parking for clients. At CINA of Nashville, PC, we take the necessary time to get to know you and your family so that we can better serve your immigration needs. Hablamos Español.