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Employment-Based Immigration

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Chicago Employment-Based Immigration Attorneys

U.S. employment-based immigration allows foreign nationals to live and work in the United States, contributing their skills to the 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. That is why employers and prospective employees turn to the experienced immigration attorneys of Minsky, McCormick & Hallagan, P.C. to help them navigate the employment-based immigration process in Chicago.

Our Approach: Working with Employers and Sponsored Employees Across Industries

At our firm, we specialize in guiding employers and sponsored employees through the complexities of U.S. immigration laws. Our attorneys collaborate closely with businesses of all sizes—from Fortune 500 companies to startups—across various industries. Whether it’s technology, healthcare, manufacturing, finance, engineering, architecture, or domestic workers, we have the experience to navigate 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.

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 whom 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.

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

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

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