Even if you are from another country, the United States can provide a number of employment opportunities if you are talented and hardworking. Employment-based immigration allows a U.S. company to seek employees from a more expansive talent pool to find workers who best fit their immediate needs.
Before a foreign employee can be hired, however, both employer and employee need to complete the proper legal process. This can be complex and involve coordinating the employer, employee, and multiple government agencies. If you fail to submit the necessary forms and documentation, it can cause a serious delay or even worse, cause your application to be denied entirely.
This is one of the many reasons that hiring the best employment-based immigration attorneys in Chicago is important. This is why prospective employees and employers trust the experienced team at Minsky, McCormick & Hallagan, P.C. We have been helping employers and prospective employees with their employment-based immigration needs for 40 years.
If you have received a job offer for a position in the United States, you have to secure an employment visa before you can pack up your life and hop on a plane. Prospective employees or employees already working in the U.S. under a valid work visa may also be eligible for permanent residency in the U.S. based on employer sponsorship for their green card. There are five different preference categories for permanent employment visas — Employment-Based- First Preference through Employment-Based – Fifth Preference.
The process of obtaining your employment-based green card (Permanent Residency) will vary based on your preference category. For example, EB-1 visas are reserved for people with outstanding or extraordinary abilities and multinational executives. Those who qualify for the EB-1 category may be able to obtain their green cards faster than those in the remaining EB categories. The EB-1 category also allows for an applicant to bypass obtaining a labor certification from the Department of Labor.
EB-2 and EB-3 are the more common types of employment-based preference categories for employment-based green cards. These categories will require the prospective employer to file a petition on behalf of the potential employee. In addition, the employer has to get a certification from the Department of Labor that states there are not enough U.S. workers in the United States who are qualified, willing and able to fill this position. And, they must show that hiring someone from another country will not adversely affect the working conditions or wages of similar U.S. workers.
With over 40 years of experience handling immigration law issues, the attorneys at Minsky, McCormick & Hallagan, P.C. know how the employment-based visa processes work. We understand how to avoid the pitfalls and mistakes that can either slow down processing or result in a denial. Our team can help both prospective employees and employers get the process right the first time around. Our skilled Chicago immigration attorneys and support staff will assist you in obtaining the proper documentation and complete the required forms to help your petition be processed quickly.
If you need assistance with an employment-based immigration matter or any other immigration-related issues, call our office at 312-427-6163 or contact us online to discuss your issues with one of our dedicated attorneys.