Employment Immigration Lawyers Frisco

U.S. immigration law allows an American employer to hire a foreign-born worker or multiple workers to work for their company or business if certain requirements are met. The foreign worker who qualifies to obtain an employment visa must then go through a process that typically involves the American consulate in their country or one nearest. At Joseph & Hall P.C., we help employers in the Frisco area to navigate the immigration system in the process of bringing the foreign worker or workers they desire to hire.

Types of Employment Visas Available

The immigration law divides employment-based immigration visas into two broad categories: nonimmigrant and immigrant work visas.

Nonimmigrant Work Visas. A nonimmigrant visa is a temporary work visa that allows a non-US citizen to enter the United States and work for the employer who has petitioned for them to get the visa but only for a set period, usually three years. The period may be extended upon expiration but only one time after which the foreign worker must leave the United States or change their status to another immigration category. The petitioning employer is required to file a petition with the United States Citizenship and Immigration Services (USCIS) to have the foreign worker receive the visa. 

If the petition is approved, the foreign worker applies for the nonimmigrant work visa at a U.S. consulate in their country, or the nearest U.S. consulate that offers services for their country. It is also possible to have any U.S. consulate near the U.S. (such as Canada) process the visa, but only by an advance arrangement, which can be done by one of our experienced Frisco immigration lawyers. 

If the visa application is approved, then the foreign worker can travel to the U.S and begin working for the U.S. company. Their spouses and children are also eligible to obtain visas under the same approved petition.

Immigrant Work Visa. An immigrant visa is a permanent work visa which is, in fact, a green card. There are several categories under which a non-citizen can apply and obtain a green card through employment, but the most common are:

1. EB-1 Priority Workers. This is an immigrant category that includes foreign individuals who have and can demonstrate their extraordinary ability in the arts, sciences, education, and business. The category typically includes outstanding professors or researchers and certain multinational executive officers and managers. 
2. EB-2 Professionals with Advanced Degrees. This is a category for professionals with advanced degrees or those who have and can prove exceptional ability in the sciences, arts, or business. To apply for an immigrant visa under this category, a job offer is required from an American company or employer.
3. EB-3 Professionals, Skilled and Unskilled Workers. Anyone who does not meet the criteria for EB1 or EB2 may have their shot of securing a green card through this EB3 category. The category requires a job offer and generally what is known as “labor certification” from the U.S. Department of Labor.

Learn How an Employment Immigration Lawyer in Frisco Can Help

If you are an employer in the Frisco area or a foreign national who seeks an employment-based work visa, contact us today to schedule an appointment for your consultation. We can help you obtain the immigration documents you qualify for.