Birmingham Employment-Based Immigration Lawyer

Many people that seek entry into the United States do so to earn a living. The type of visa they apply for is important, as not all immigrants have the right to work when they arrive in the country. Dedicated immigration attorneys help people select the right visa for their circumstances since navigating the process without help can be challenging.

If you intend to immigrate to the United States for employment purposes, there are detailed steps you must take. In addition to applying for a visa, you will most likely need to find employment beforehand. A Birmingham employment-based immigration lawyer could assist with each step of the application process.

What is an Employment-Based Visa?

There are different examples of employment-based visas offered by USCIS. Some visas are temporary, while others allow a resident to live and work in the country permanently. An adept lawyer in Birmingham could advise an applicant on the type of employment visas that might be right for them. Examples of visas available to immigrants seeking employment include:

• EB-1: For executives or individuals with extraordinary ability
• EB-2: For workers with advanced degrees
• EB-3: For skilled workers
• EB-4: For individuals with specific work backgrounds
• EB-5: For foreign investors

Each of these types of employment visas has its own series of requirements. Some also allow an applicant to seek entry into the United States for their spouse or young children. A skilled attorney in Birmingham could advise a person on which type of employment-based immigration permit might be appropriate for them.

Temporary vs. Permanent Visas

It is important to understand the difference between temporary and permanent employment visas since each has specific requirements. Generally, there are fewer permanent work visas available each year. However, certain factors could increase the chances of securing a permanent visa, such as holding an advanced degree, having special recognition in their field of choice, or being sponsored by a prospective employer.

However, most work visas are temporary. With a temporary permit, every immigrant must have a sponsor willing to hire them upon arrival. Temporary employment authorization is common among nurses, agricultural workers, and cultural exchange workers. An experienced lawyer in Birmingham could explain the difference between a temporary and permanent work-based visa to any immigrant who might be interested in applying for one.

An Employer’s Role in the Application Process

For most people seeking employment-based immigration into the United States, the assistance of the prospective employer is a necessary part of the application process. These employers have obligations they must keep up with, and the failure to do so could limit the chances of an application’s success.

Typically, the application process starts with a qualifying offer of employment. A foreign worker does not have to be currently employed in the position to be eligible for a work visa, but they must have a job offer that is available to them as soon as the immigration process is complete. In addition to serving as the sponsor of a foreign worker, the employer typically must complete forms as part of the process.

There could be additional steps depending on the industry a person intends to work in. In certain circumstances, the U.S. Department of Labor must give approval before a petition is considered. A seasoned lawyer in Birmingham could explain these extra steps and help ensure that, in general, immigrants understand an employer’s role in the process of applying for a work visa.

Call a Birmingham Employment-Based Immigration Attorney Today

Employment-based immigration is one of the best ways for foreign residents to enter and remain in the United States. This type of immigration offers foreign workers an opportunity to earn a living and further a career while possibly outlining a path to citizenship.

You do not have to seek admission to the U.S. alone. Reach out to a Birmingham employment-based immigration lawyer today to learn more.