Employment Based Immigration

Getting a job in the United States is an exciting opportunity, but it’s quite the process to get here in the first place. You’ll need an employment based immigration lawyer to help you along the way, and you’ll need to work with a team with plenty of experience. Fortunately, at The Law Offices of Ricky Malik, P.C., we’re ready to use our 20+ years of legal knowledge to get you through the process. Read on to see why you need a work visa attorney, and contact us today to get started.

Employment Based Immigration

Working in the US means building a future in the US. But it also means plenty of paperwork and interviews before you can get started. Foreign nationals need work visas in order to work stateside, and the process can be stressful, to say the least.

Depending on your line of employment, you’ll need to choose the right type of visa. And depending on the type of visa you’re applying for, you’ll need to provide evidence that you are who you say you are – and you don’t have a criminal history that could disqualify you from entering the United States.

There are many different types of work visas. The most well-known are H-1B visas, which apply to professional employees who come to the United States to work in their fields of expertise. Think of computer engineers or programmers, or software developers. However, there are also H-2B visas for seasonal workers, and H-2A visas for seasonal agricultural employees. There are even O-1 visas for applicants who can demonstrate a history of achievement in the arts.

The list of visas goes on, and the type you apply for really depends on the type of work you’ll be doing, and your personal immigration history. Fortunately, your employment based immigration lawyer can walk you through all the options.

When you get in touch with an employment immigration attorney, you’re getting a valuable resource who can walk you through the entire immigration process. Your work sponsorship immigration lawyer can also make sure you have the support you need once you’re in the United States.

There are many immigration attorneys out there, so it can be hard to choose the best team for your needs. Our advice? Always check their experience:

Why Experience Matters In Employment Based Immigration Cases

At The Law Offices of Ricky Malik, P.C., our experience makes all the difference:

• With over 20 years of legal experience, we know the best strategies for securing your visa – quickly, efficiently, and with minimal fuss.
• We’ve helped countless clients with their visa and immigration cases, including a case where we overturned a deportation order and secured permanent residency.
• Attorney Ricky Maliq, Esq. has made appearances on national television and the Washington Post to advocate for immigrant rights. We continue to provide the same advocacy for clients like you.

If you’re trying to work in the United States, you need a lawyer you can count on. The Law Offices of Ricky Malik, P.C. is ready to help.

Contact Us Today

At The Law Offices of Ricky Malik, P.C., we’re prepared to help you secure a work visa so you can build a future in the United States. Contact us today, and see what an employment based immigration lawyer from our team can do for you.

Employment-Based Immigration SERVICES

EB -1 ALIENS OF EXTRAODINARY ABILITY IN THE ARTS AND SCIENCES

Known as the best of the best or Priority Workers, all Priority Workers must be the beneficiaries of an immigrant petition filed with USCIS. As part of Employment Based Immigration, the EB-1 category is broken up into three subcategories:

• Persons of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. These applicants can file their own petition with the USCIS, rather than through an employer;
• Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS; and
• Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.

EB-2 Aliens of Exceptional Ability

Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas. All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later). A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category:

• Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
• Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.

EB-3 Skilled Workers, Professionals, Other Workers 

Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category:

• Skilled workers are persons capable of performing a job requiring at least two years” training or experience;
• Professionals with a baccalaureate degree are members of a profession with at least a university bachelor’s degree; and
• Other workers are those persons capable of filling positions requiring less than two years” training or experience.

EB-4 Special Immigrants

These applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884. Certain spouses and children may accompany or follow-to-join the principal special immigrant. Different types of special immigrants provided for under immigrant law are listed below:

• Broadcaster in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization;
• Minister of Religion;
• Certain Employees or Former Employees of the U.S. Government Abroad;
• Employee of the Mission in Hong Kong;
• Certain Former Employees of the Panama Canal Company or Canal Zone Government;
• Certain Former Employees of the U.S. Government in the Panama Canal Zone;
• Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1, 1979;
• A. Interpreters and translators of Iraqi or Afghan nationality who have worked directly with the United States armed forces or under Chief of Mission authority as a translator or interpreter for a period of at least 12 months and meet requirements. This classification has an annual numeric limitation of 500 visas through FY 08
  B. Iraqis who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year after March 20, 2003, and have experienced an ongoing serious threat as a consequence of that employment. This provision allows for 5,000 special immigrant visas each year for the next five years.
• Certain Foreign Medical Graduates (Adjustments Only);
• Certain Retired International Organization employees;
• Certain Spouses of a deceased International Organization Employee;
• Juvenile Court Dependent (no family member derivatives);
• Alien Recruited Outside of the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces;
• Certain retired NATO-6 civilians;
• Certain surviving spouses of deceased NATO-6 civilian employees;
• Alien beneficiary of a petition or labor certification application filed prior to Sept. 11, 2001, if the petition or application was rendered void due to a terrorist act of Sept. 11, 2001;
• Certain Religious Workers.

EB-5 Investor (Employment Creation)

All applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur with USCIS. To qualify, an alien must invest between U.S. $500,000 and $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.

The Law Offices of Ricky Malik, P.C. is dedicated to providing reliable legal guidance tailored to each client’s needs.