Employment-Based Visas

Types of Employment-Based Visas

1. Temporary Work Visas

  • H-1B: Specialty occupations (e.g., tech, healthcare, finance)
  • L-1: Intracompany transferees (executives, managers, specialized knowledge)
  • L-1A (Executive/Manager Transfer)
  • L-1B (Specialized Knowledge Transfer)
  • O-1: Outstanding individuals (arts, sciences, athletics, business)
  • TN: NAFTA professionals (Canada, Mexico)
  • E-2: Treaty investors (foreign investors in U.S. businesses)

2. Permanent Work Visas

  • EB-1: Priority workers (extraordinary ability, outstanding professors, researchers)
  • EB-2 NIW (National Interest Waiver)
  • EB-3: Skilled workers, professionals, or unskilled workers
  • EB-4: Special immigrants (religious workers, broadcasters, etc.)
  • EB-5: Immigrant investors (create jobs, invest $1 million)
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Requirement and Process

Employment-Based Visas

Eligibility Requirements

  1. Job offer from a U.S. employer
  2. Meeting education, experience, and skill requirements
  3. Labor certification (PERM) for permanent visas
  4. Passing background and medical checks

Application Process

Temporary Work Visas

  1. Employer files Form I-129 (Petition for Nonimmigrant Worker)
  2. Employee applies for visa at U.S. embassy or consulate
  3. Employee enters the U.S. and begins work

Permanent Work Visas

  1. Employer files Form I-140 (Immigrant Petition for Alien Worker)
  2. Employee files Form I-485 (Application to Register Permanent Residence)
  3. Employee undergoes medical examination and background check
  4. Interview at USCIS office

Required Documents

  1. Passport
  2. Education and experience documents
  3. Job offer letter
  4. Labor certification (PERM)
  5. Medical examination results

Benefits

  1. Temporary or permanent residence in the U.S.
  2. Work authorization
  3. Travel outside the U.S.
  4. Path to U.S. citizenship

Processing Times

  1. Temporary work visas: varies (typically 3-6 months)
  2. Permanent work visas: varies (typically 6-24 months)

Fees

  1. Form I-129: $460
  2. Form I-140: $700
  3. Form I-485: $1,225
  4. Medical examination: varies

Our experienced immigration attorneys can help with:

  1. Employer sponsorship and petition preparation
  2. Employee document gathering and review
  3. Interview preparation
  4. Waiver applications (if necessary)
  5. Appeals and motions (if necessary)

Frequently Asked Questions

Waiting periods vary depending on the visa category and priority date.

Yes, but requires new petition and approval.

Yes, dependents may be eligible for derivative visas.

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