Employment Visa Lawyers Frisco

U.S. immigration law allows an American employer to hire foreign-born workers to work for their company or business if certain requirements are met. The company often must obtain a labor certification from the Department of Labor (DOL). Then, the prospective foreign worker must apply for and obtain the proper employment visa. 

At Joseph & Hall P.C., we help employers in the Frisco area navigate the immigration system and bring in the foreign worker or workers they desire to hire.

Types of Employment Visas Available

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-U.S. citizen to enter the United States and work for the employer who has petitioned for them to get a visa. This visa is only valid for a set period, and the worker must intend to return to their home country. The period may be extended 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 to have the foreign worker be given the visa. 

If the petition is approved, the foreign worker applies for a nonimmigrant work visa at a U.S. consulate in their country. 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 to accompany the worker to the United States during their employment.

Immigrant Work Visas

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, or 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.

An Employment Visa Lawyer in Frisco Can Help

If you are an employer in the Frisco area or anywhere in Colorado, or you are a foreign national who seeks an employment-based work visa, contact Joseph & Hall P.C. today to schedule an appointment for your consultation.