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Permanent Work Visa Lawyer in Tampa

Helping Clients with the Complexities of Employment-Based Immigration

America has long been known as the land of opportunity, the place where immigrants can pursue their dreams and seek their fortunes. It’s a country built by immigrants and one that still presents many opportunities for foreign-born workers to come to our shores in hopes of a better way of life.

However, the immigration process is not simple and straightforward, and there is no shortage of potential pitfalls wherein foreign nationals may slip up and have their immigrant petition denied or delayed indefinitely. For this and so many other reasons, it is highly recommended to retain professional legal representation from a law firm familiar with the ins and outs of America’s immigration laws.

What Are Different Types of Work Visas?

There are over 100,000 visas available annually for immigrants who wish to come to America for employment reasons. Those who possess an extraordinary ability or an advanced degree worthy of international acclaim may potentially be eligible to become green card holders in the United States.

As part of the application process, you and your immigration attorney must prove that you are eligible for an employment-related visa by showing that you qualify for one of the categories of permanent worker visas.

The EB-1 visa is for individuals who possess an exceptional ability in the fields of science, athletics, arts, education, or business. The EB-1 worker visa also extends to professors, international managers, business executives, and researchers. No labor certification is required for this category of permanent worker visa.

The EB-2 immigrant visa is for foreign workers with exceptional abilities in business, the arts, or sciences or members of any of these professions with advanced degrees. Unless a national interest waiver is obtained, labor certification is required for this category.

The EB-3 visa is for professionals, skilled workers, and general workers. Labor certifications are also required for this category.

The EB-4 work visa is for people considered special immigrants. Often, it is for alien minors who are legally considered wards of US courts, religious workers, US foreign service post employees, and retired international organization employees. No labor certification is required for this category.

And finally, the EB-5 work visa is for business investors who are looking to invest in a new commercial enterprise in the United States that provides full-time employment for at least ten U.S. citizens.

In addition to these permanent work visas, there are other employment-based visas of temporary legal status. To learn more about the many employment-based visas available, including those for registered nurses, agricultural workers, and other workers, please get in touch with our law firm to discuss your eligibility.

How Can a Foreign National Obtain Authorization to Work in the United States?

While there are many different types of employment-based visas available in the United States, there are two primary categories: nonimmigrant visas and immigrant visas. A nonimmigrant visa allows a foreign worker to reside and work within the United States for a limited time. The permanent immigrant visa, on the other hand, grants the visa holder legal permanent residency in the United States and the right to work while they live here.

Certain employment-based work visas require that you already have a job offer from a US employer. In such cases, the US employer is considered your sponsor, and they must acquire the proper labor certification from the US Department of Labor.

The government process for applying for and obtaining employment-based visas can be complex. Please contact our law firm for legal assistance.

What is the PERM Labor Certification Process?

The program electronic review management (PERM) is the first step in employment-based immigration sponsorship. This test analyzes the current US job market and confirms with the Department of Labor that no willing or qualified US workers are able to fill the job opening. If no willing and able US worker is located, a foreign worker could provide the necessary skill set.

A US employer is granted PERM by completing the following, according to Department of Labor guidelines:

  • Ensured that the job opportunity was posted for at least ten consecutive days at the place of employment.
  • Have placed at least two advertisements in a newspaper on two different Sundays that circulate within the employment area.
  • Have submitted a job order to the State Workforce Agency.
  • Posted about the job in accordance with all normal recruitment procedures according to company policy.
  • Performed at least three additional recruitment options, such as using external employment websites, on-campus recruitment, employee referrals, and job fairs.

Once the labor certification is issued, a lawyer will help file Form I-140, the Immigrant Petition for Alien Worker.

Why Should You Work with Immigration Lawyers When Seeking Employment-Based Immigrant Visas?

The right visa can make a foreign worker a lawful permanent resident of the United States, provided they are eligible for a permanent work visa. Employment visas have many benefits, but the immigration process is complicated and full of opportunities to make mistakes that could be very costly. It is highly recommended that anyone considering applying for a work visa first speak with an experienced visa attorney.

Attorney Ernesto Buitrago is a member of the Florida Bar and the American Immigration Lawyers Association (AILA). A great deal of his focus and immigration law has been devoted to crafting innovative solutions for clients looking to immigrate from their home country to the United States for reasons of employment. He is uniquely qualified to handle your immigration case and is eager to get to work.

To discuss our legal services and how our counsel may benefit your immigration case, don’t hesitate to get in touch with us to schedule a free case review today.

Schedule a Free Consultation with an Experienced Immigration Lawyer Today

There are several benefits to employment-based visas, but that does not mean that they are easy to obtain.

Tampa immigration attorney Ernesto Buitrago has years of experience dedicated to the practice of immigration law. If you are an alien worker in pursuit of employment-based visas, please get in touch with our law firm to schedule your free initial consultation with the attorney and his highly skilled legal team. With our legal counsel, we feel confident that we can help you through the petition process and, with a good case, help foreign workers immigrate to the United States for employment.

Schedule your free case evaluation with our legal staff today. 866-519-3545.