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Business/Employment-Based Immigration
Business Immigration United States
We have successfully assisted clients with a wide range of employment and business-based immigration cases, including H-1B, EB-2, EB-3, L-1, and E-2 visas.
The H-1B visa allows U.S. employers to temporarily hire highly skilled foreign professionals in specialty occupations requiring advanced knowledge and expertise.
H-1B Visa Qualification Requirements
1. Specialty Occupation
The position must qualify as a specialty occupation, requiring specialized knowledge obtained through a U.S. bachelor’s degree (or its foreign equivalent) or higher. Common specialty occupations include scientists, engineers, and teachers.
2. Educational Requirement
A minimum of a U.S. bachelor’s degree or its foreign equivalent is required. The degree must be relevant to the job, and the educational requirement must be standard within the industry.
3. Employer Sponsorship
An H-1B visa applicant must be sponsored by a U.S. employer. The employer is responsible for filing the petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the worker. Since H-1B visas are job and employer-specific, a change in employment requires a new H-1B petition.
H-1B Visa Duration
The initial H-1B visa is granted for three years and can be extended up to a maximum of six years with an additional petition.
After six years, the visa holder must leave the U.S. for at least one year before reapplying.
In some cases, extensions beyond six years may be possible if the individual has an approved I-140 petition for a green card.
H-1B Cap and Lottery System
USCIS issues 65,000 H-1B visas annually.
An additional 20,000 visas are available for applicants with a U.S. master’s degree or higher.
If applications exceed the cap, USCIS conducts a lottery. The first lottery selects 20,000 advanced degree petitions.
Any unselected advanced degree petitions enter the general 65,000 visa lottery for a second chance.
The H-1B registration opens up the first week or March each year. Employers who are required to register in the lottery must do so during that period for potential H-1B workers to begin working on October 1st of the same year.
Since the process is highly competitive and subject to a lottery system, it's crucial to prepare and file applications accurately and on time. If you're seeking guidance on H-1B visas, contact Green Immigration for expert assistance.
EB-2 & EB-3 Visa Categories: Employment-Based Immigration
This process, known as the Program Electronic Review Management (PERM) process, involves several steps, including obtaining a prevailing wage determination and following strict recruitment procedures. In some cases, the recruitment requirement may be waived.
EB-2 Visa: Advanced Degrees & Exceptional Ability
- Hold an advanced degree (master’s degree or higher), and the job must require such a degree.
- Have a bachelor’s degree plus at least five years of progressive work experience in the field.
- Possess exceptional ability in science, art, or business that significantly benefits the U.S. economy or cultural interests.
Examples include:
- A physician agreeing to work in an underserved medical area.
- A biomedical engineer leading groundbreaking research.
- An IT specialist with military cybersecurity expertise.
EB-3 Visa: Skilled Workers, Professionals & Other Workers
The EB-3 visa category is available to:
- Professionals: Jobs that normally require at least a U.S. bachelor’s degree (or foreign equivalent).
- Skilled Workers: Positions requiring at least two years of training or experience.
- Other Workers: Jobs requiring less than two years of training (typically in labor-intensive roles).
Employers must provide a full-time, permanent job offer and obtain labor certification from the Department of Labor before filing an EB-3 petition.
Schedule A Waivers
For certain occupations experiencing worker shortages, the labor certification requirement may be waived. These typically include:
Physical Therapists: Must meet state licensing requirements.
Registered Nurses: Must hold a U.S. or Canadian nursing degree and be licensed in the relevant state.
Family Members of EB-2 & EB-3 Applicants
Spouses and unmarried children under 21 of EB-2 or EB-3 visa holders are also eligible for green cards.
EB-3 Visa: Skilled Workers, Professionals & Other Workers
The EB-3 visa category is available to:
- Professionals: Jobs that normally require at least a U.S. bachelor’s degree (or foreign equivalent).
- Skilled Workers: Positions requiring at least two years of training or experience.
- Other Workers: Jobs requiring less than two years of training (typically in labor-intensive roles).
Employers must provide a full-time, permanent job offer and obtain labor certification from the Department of Labor before filing an EB-3 petition.
Schedule A Waivers
For certain occupations experiencing worker shortages, the labor certification requirement may be waived. These typically include:
Physical Therapists: Must meet state licensing requirements.
Registered Nurses: Must hold a U.S. or Canadian nursing degree and be licensed in the relevant state.
Family Members of EB-2 & EB-3 Applicants
Spouses and unmarried children under 21 of EB-2 or EB-3 visa holders are also eligible for green cards.
L-1 Visa: Intracompany Transfers
The L-1 visa is designed for multinational companies transferring employees to the U.S. It has two classifications:
L-1A Visa: For managers and executives transferring to a U.S. office or establishing a new branch.
L-1B Visa: For employees with specialized knowledge of the company’s products, services, or operations.
L-1 visas allow foreign companies to expand into the U.S. and are an excellent path to permanent residency. Many L-1A visa holders later apply for EB-1C green cards without needing labor certification.
Key Benefits of L-1 Visas
- No annual cap on the number of L-1 visas issued.
- No specific wage requirements.
- Provides a direct path to a green card for L-1A holders.
E-2 Investor Visa: Business Immigration
For entrepreneurs looking to start or invest in a U.S. business, the E-2 visa provides an excellent option. This visa is available to nationals of countries that have a commerce treaty with the U.S. and allows them to renew their visa indefinitely as long as their business remains active.
E-2 Visa Requirements:
- Be a citizen of a treaty country.
- Have at least 50% ownership or managerial control of the U.S. business.
- Make a substantial investment in a bona fide U.S. enterprise.
- Demonstrate an intent to return to their home country when the visa expires.
Treaty Countries
To qualify, the applicant must be from a country that has an investment treaty with the U.S. These include Canada, Mexico, Japan, Germany, France, Australia, and many others.
Serving the Salt Lake City & Utah County Areas
Green Immigration specializes in business and employment-based immigration for individuals and companies in:
- Salt Lake City, Utah County, and surrounding areas (including Farmington, Draper, Lehi, and Park City).
Why Choose Green Immigration?
- Expertise in employment-based immigration, business law, and family law.
- Tailored legal solutions for businesses and entrepreneurs.
- Dedicated attorneys helping clients achieve their immigration goals efficiently.
Contact us today at (801) 883-8204 to schedule a consultation with one of our experienced immigration attorneys!
