Employment-Based Immigration in Valencia

Helping Employers and Workers in Santa Clarita and Valencia

At Liberty Passage Law, P.C., our immigration attorneys have the knowledge and resources to help employers and workers navigate the complexities of employment-based immigration. Our team is dedicated to providing excellent legal services and we can help you understand the requirements and benefits of each visa category.

Call (530) 999-9560 or online to schedule a consultation with an employment-based immigration lawyer in Santa Clarita or Valencia.

What Is Employment-Based Immigration?

Employment-based immigration is the process of obtaining a work visa or green card to work in the United States. The U.S. Citizenship and Immigration Services (USCIS) provides various visa categories for foreign nationals to work in the country. Some visa categories are temporary, and others are permanent.

Types of Employment-Based Visas

There are several types of employment-based visas for temporary and permanent workers.

Temporary Work Visas

Some employment-based visas are temporary and allow foreign workers to work in the United States for a limited amount of time.

Some temporary work visas include:

• H-1B visa: For specialty workers with a bachelor's degree or higher
• H-2B visa: For temporary nonagricultural workers
• H-3 visa: For trainees
• L-1 visa: For intracompany transferees
• O-1 visa: For aliens of extraordinary ability
• TN visa: For Canadian and Mexican professionals under the North American Free Trade Agreement (NAFTA)

Permanent Work Visas

Some employment-based visas are permanent and provide foreign workers with a path to lawful permanent residence.

Some permanent work visas include:

• EB-1 visa: For priority workers
• EB-2 visa: For professionals with advanced degrees or aliens with exceptional ability
• EB-3 visa: For professionals, skilled workers, and other workers
• EB-4 visa: For special immigrants
• EB-5 visa: For immigrant investors

Employment-Based Green Card

Some employment-based visas are permanent and provide foreign workers with a path to lawful permanent residence.

There are five preference categories for employment-based green cards:

• EB-1: Priority workers
• EB-2: Professionals with advanced degrees or aliens with exceptional ability
• EB-3: Professionals, skilled workers, and other workers
• EB-4: Special immigrants
• EB-5: Immigrant investors

The EB-1 category is the most desirable for foreign workers because it does not require a labor certification and has a current priority date. This means that foreign workers can file an EB-1 petition and concurrently file an adjustment of status application to become a lawful permanent resident.

On the other hand, the EB-5 category is the least desirable because it requires a significant investment of capital and has a lengthy backlog. The EB-5 program allows foreign investors to obtain a green card by making a capital investment in a new commercial enterprise that creates jobs for U.S. workers.

Employment-Based Immigration Process

The employment-based immigration process varies depending on the visa category. However, most visa categories require a job offer from a U.S. employer and a labor certification from the U.S. Department of Labor (DOL). The labor certification verifies that there are not enough U.S. workers who are able, willing, qualified, and available to accept the job opportunity in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Once the labor certification is approved, the employer can file an immigrant petition on behalf of the foreign worker. After the immigrant petition is approved, the foreign worker can apply for a visa or adjustment of status. If the visa is temporary, the foreign worker can work in the United States for the duration of the visa. If the visa is permanent, the foreign worker can work in the United States indefinitely.

How Long Does Employment-Based Immigration Take?

The length of time it takes to get an employment-based visa or green card depends on the visa category and the country of chargeability. Some visa categories have a lengthy backlog, and it can take several years to get a visa or green card. For example, the EB-1 category has a current priority date for most countries, but the EB-1 category for India and China has a backlog. This means that foreign workers from India and China who file an EB-1 petition will have to wait several years before they can get an EB-1 visa or green card.

How Much Does Employment-Based Immigration Cost?

The cost of employment-based immigration varies depending on the visa category. Some visa categories require the employer to pay a fee, and other visa categories require the foreign worker to pay a fee.

Some common employment-based immigration fees include:

• Form I-129, Petition for Nonimmigrant Worker: $460
• Form I-140, Immigrant Petition for Alien Worker: $700
• Form I-485, Application to Register Permanent Residence or Adjust Status: $1,140
• Form I-765, Application for Employment Authorization: $410

In addition to the USCIS filing fees, the employer and the foreign worker may have to pay other fees, such as the cost of the labor certification and the cost of the visa application.

What Is the Difference Between Employment-Based Immigration and Family-Based Immigration?

The main difference between employment-based immigration and family-based immigration is the qualifying relationship. Employment-based immigration requires a qualifying job offer from a U.S. employer, and family-based immigration requires a qualifying relationship with a U.S. citizen or lawful permanent resident.

The other difference is the preference category. Employment-based immigration has five preference categories, and family-based immigration has four preference categories. The preference category determines the priority date and the length of time it takes to get a visa or green card.

Some common family-based immigration categories include:

• F-1: Unmarried sons and daughters of U.S. citizens
• F-2A: Spouses and children of lawful permanent residents
• F-2B: Unmarried sons and daughters of lawful permanent residents
• F-3: Married sons and daughters of U.S. citizens
• F-4: Brothers and sisters of U.S. citizens

The F-1 category is the most desirable for family-based immigration because it has a current priority date. This means that foreign workers can file an F-1 petition and concurrently file an adjustment of status application to become a lawful permanent resident. On the other hand, the F-4 category is the least desirable because it has a lengthy backlog. This means that foreign workers who file an F-4 petition will have to wait several years before they can get a green card.

Why Do You Need an Employment-Based Immigration Lawyer?

The employment-based immigration process is complex and time-consuming. Mistakes on the application can result in delays or denials, and the employer and foreign worker may have to wait several years to reapply. An employment-based immigration lawyer can help you understand the requirements and benefits of each visa category and guide you through the process.

At Liberty Passage Law, P.C., we are committed to helping employers and workers achieve their immigration goals. We can help you prepare the necessary documentation, such as the labor certification and the immigrant petition, and we can represent you in any hearings or appeals. Our team can also help you maintain your status while you are in the United States.

Call Our Immigration Attorneys Today

Our immigration attorneys are available to answer any questions you may have about employment-based immigration. We can help you understand the requirements and benefits of each visa category and guide you through the process.

Call (530) 999-9560 or online to schedule a consultation with an employment-based immigration lawyer in Santa Clarita or Valencia.