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Employment-Based Immigration

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Chicago Employment-Based Immigration Attorneys

Helping Our Clients Hire and Be Hired for U.S. Jobs

U.S. employment-based immigration allows foreign nationals to live and work in the United States, contributing their skills to the national economy. This process is governed by various visa categories designed to meet the needs of different industries and levels of expertise. The most common types of employment-based visas fall under temporary work visas (non-immigrant) and permanent residency (immigrant) categories, each with its own requirements and benefits. As employers and prospective employees begin this complicated process, they can turn to the experienced immigration lawyers of Minsky, McCormick & Hallagan, P.C. to help them navigate the employment-based immigration process in Chicago.

Who We Serve: Working With Both Employers and Sponsored Employees

At Minsky, McCormick & Hallagan, P.C., we support individuals and businesses at every stage of the work-based immigration process, including:

  • The professional with a job offer. You qualify for a role with a U.S. employer, and now you need a work visa or green card sponsorship to make the move official.
  • The H-1B worker planning ahead. You have built a career on a temporary visa and want a more permanent path forward.
  • The entrepreneur or investor building something big. Whether you are launching a startup or making a qualifying EB-5 investment, we help you meet the requirements to live and work in the United States.
  • The researcher, scientist, or artist with a standout record. Your achievements may qualify you to self-petition without an employer sponsor through extraordinary ability or a national interest waiver.
  • The employer creating a global team. From small local companies to multinational corporations, we help businesses sponsor foreign talent, prepare petitions, and keep hiring on schedule.

From corporate HR guidance to preparing future employees for visa compliance, we can help you through every step.

Non-Immigrant Employment Visas

Non-immigrant work visas allow foreign nationals to work in the U.S. temporarily. Some of the common visa types include:

  • H-1B Visa (Specialty Occupation Workers)
    The H-1B visa is for professionals in “specialty occupations” that require a bachelor’s degree or higher in a specific field. Jobs in technology, healthcare, engineering, and finance frequently fall under this category.
  • L-1 Visa (Intra-Company Transfers)
    The L-1 visa is designed for employees of multinational companies who are being transferred to U.S. offices. This category applies to executives, managers, and employees with specialized knowledge.
  • O-1 Visa (Individuals with Extraordinary Ability)
    This visa is for individuals who have achieved extraordinary success in areas such as sciences, arts, education, or athletics.
  • TN Visa (NAFTA Professionals)
    Under the U.S.-Mexico-Canada Agreement (USMCA), citizens of Canada and Mexico can work in the U.S. in specific professional fields, such as engineering or education, with TN visas.
  • E-2 Visa (Treaty Investors)
    For nationals of countries with which the U.S. has trade agreements, the E-2 visa allows individuals to enter and work in the U.S. based on a substantial investment in a U.S.-based enterprise.

Immigrant Visas (Green Cards) Through Employment

Immigrant visas provide a path to permanent residency (a green card), allowing foreign nationals to live and work in the U.S. permanently. There are five main categories, often referred to as Employment-Based (EB) Preferences:

  • EB-1: Priority Workers
    This category is for individuals with extraordinary ability, outstanding professors or researchers, and multinational executives and managers.
  • EB-2: Professionals with Advanced Degrees or Exceptional Ability
    This preference is for workers who hold an advanced degree or have exceptional abilities in their field. Certain applicants may qualify for a National Interest Waiver (NIW) if their work benefits the U.S.
  • EB-3: Skilled Workers, Professionals, and Other Workers
    This category includes professionals with at least a bachelor’s degree, skilled workers with two or more years of experience, and unskilled workers requiring less than two years of experience.
  • EB-4: Special Immigrants
    The EB-4 category is for special immigrant populations, including religious workers, U.S. government employees, and certain international broadcasters.
  • EB-5: Immigrant Investors
    Investors who make significant financial investments in U.S. enterprises, typically creating at least 10 jobs for U.S. workers, may qualify for the EB-5 visa.

Benefits of Working With Our Immigration Firm

At Minsky, McCormick & Hallagan, P.C., we guide employers and sponsored employees through the intricacies of U.S. immigration laws. Our lawyers collaborate closely with businesses of all sizes—from Fortune 500 companies to startups—across various industries. Whether it is technology, healthcare, manufacturing, finance, engineering, architecture, or domestic work, we have the experience to address industry-specific immigration needs.

We work with employers to secure visas for highly skilled professionals, facilitate intra-company transfers, and meet the requirements for labor certification. Our goal is to ensure that U.S. companies can attract and retain the global talent they need while complying with immigration regulations. From initial visa petitions to ongoing compliance, we provide comprehensive support at every stage.

For sponsored employees, we provide personalized guidance to ensure their applications are as strong as possible. We help professionals in specialty occupations, highly talented individuals, and executives obtain the necessary work authorizations and transition smoothly into their U.S. careers.

Contact Us Today if You Are Interested in Hiring a Foreign National or Acquiring a U.S. Employment Visa

The lawyers of Minsky, McCormick & Hallagan, P.C. have experience with the various types of U.S. employment visas. Since 1975, we have helped U.S. employers and aliens aspiring to work in the United States navigate this challenging process. Call our Chicago, IL office at (312) 427-6163 or contact us online to discuss your immigration needs or goals with an experienced, dedicated immigration lawyer.

 

FAQS about Employment-Based Immigration in Illinois

What is the difference between temporary work visas and immigrant visas?

Temporary work visas allow individuals to work in the U.S. for a specific period, while immigrant visas provide a pathway to permanent residency (green card) and long-term work authorization.

What types of jobs qualify for an H-1B visa?

H-1B visas are for specialty occupations requiring a bachelor’s degree or higher in fields like technology, healthcare, engineering, finance, or education.

Do employment-based visas have annual caps?

Yes, most visa categories, including H-1B and employment-based green cards, are subject to annual limits set by U.S. immigration law.

Can my family join me if I have an employment-based visa?

Yes, most employment-based visa holders can bring their spouse and dependent children under certain dependent visa categories like H-4, L-2, or O-3.

Can I switch employers on an employment-based visa?

It depends on the visa type. Some visas, like the H-1B, allow portability, while others may require a new employer to file a petition on your behalf.

What happens if my employment ends while on a work visa?

If your employment ends, you may have a grace period (e.g., 60 days for H-1B holders) to find a new employer or change your visa status.

Can I apply for a green card while on a work visa?

Yes, many non-immigrant workers on visas like H-1B or L-1 can transition to green cards through employer sponsorship under the employment-based categories.

What is PERM labor certification, and when is it required?

PERM is a process that certifies there are no qualified U.S. workers available for a job. It is often required for EB-2 and EB-3 green card applications.

What are the common reasons for employment-based visa denials?

Visa denials can result from insufficient documentation, failure to meet eligibility criteria, errors in the application, or an employer’s inability to meet sponsorship requirements.

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