Philadelphia Employment Immigration Attorney

In order to live and work in the United States, a foreign national must possess legal permanent resident status or temporary employment authorization.  There are many different types permanent and temporary employment based visas.  The Law Office of Tejal Mehta works with businesses of all sizes to obtain the necessary work visas for their foreign employees.  Attorney Tejal Mehta will help you determine which is the best visa for your situation and guide you through the immigration process.

Permanent Employment Based Immigrant Visas

In the case of a permanent employment opportunity, a U.S. employer must sponsor a foreign national for an employment based visa leading to the grant of lawful permanent residency, i.e. a green card.  There are a few exceptions to this general rule, to allow the employee to self-sponsor for a green card.

It is important to be aware that only a certain number of permanent employment based (EB) visas are issued each year and they are granted with preferences towards highly specialized occupations.  Moreover, the PERM/EB visa application process, particularly the recruitment portion, is extremely complicated and errors are easy to make, and hard to cure.

Successful PERM/EB petitions require guidance from an experienced immigration attorney.  Attorney Tejal Mehta has the experience to help employers and employees comply with the employment visa application rules and procedures and win approval.

EB Visa Preference Categories

  • First Preference (EB-1): Reserved for individuals for extraordinary abilities in the arts, sciences, business, or athletics; exceptional educators; and multinational executives.
  • Second Preference (EB-2): Granted to individuals with advanced degrees.
  • Third Preference (EB-3): Issued to skilled and professional workers.
  • Fourth Preference (EB-4): Reserved for foreign religious workers and employees of the U.S. government.
  • Fifth Preference (EB-5): Given to those seeking to start a business in the U.S. that could create jobs for U.S. citizens.

Permanent Employment Visa Application Process

Before applying for a particular employment-based visa, the employer must first obtain labor certification from the U.S. Department of Labor to show that a foreign national is not displacing a U.S. citizen for the position.  The labor certification process involves advertising for the position and interviewing other candidates who apply.

After obtaining labor certification, the employer files an immigrant visa petition for the alien worker under the applicable EB category.  Upon approval of the petition and when a visa number for that category is available, the foreign national can complete consular processing or file for adjustment of status to obtain a green card.  The foreign national’s dependents would also qualify to receive a green card.

The Law Office of Tejal Mehta provides prompt, professional, and quality representation to clients seeking a permanent visa to come to the United States.  Contact us for experienced and responsive representation.

Temporary Employment Based Non-Immigrant Visas

Foreign nationals are eligible to come to the United States and work on a temporary basis under several non-immigrant work visa categories.  They all require an employer to file a petition on behalf of the foreign national. The application requires the employer and sponsored potential employee to provide highly specific supporting documents and legal support. We advise you seek the assistance of an experienced immigration attorney.  The Law Office of Tejal Mehta is familiar with the different types of temporary work visas and the qualifying requirements.

List of Non-Immigrant Work Visas

  • E-1 and E-2: Known as Treaty Trader and Treaty Investor visas respectively, they are granted to foreign nationals who come to the United States for the purpose of engaging or investing in substantial trade between the United States and the country of the applicant’s nationality.  There must be a treaty in place between the U.S. and the foreign national’s country.
  • H-1B: Allows U.S. employers to temporarily employ foreign workers in specialty occupations for up to six years.  Holders of this visa may apply for a Green Card through their H1B sponsor.  Spouses and dependent children of an H1-B visa holder may enter the United States on an H4 visa.
  • H-2B: Used by nonprofessional workers to work in the US on a temporary or seasonal basis for up to one year.
  • H-3B: Permits a foreign national to come to the United States for the purpose of job training with a U.S. company.
  • J: Issued to exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the United States.  Applicants can be sponsored by a private sector or government program.
  • L: Allows a person to work in the United States for an employer who is closely related to the applicant’s current employer.  The applicant must be employed as an executive, a manager, or an employee with specialized knowledge.
  • O: Issued to individuals recognized for possessing extraordinary ability in the arts, sciences, education, business or athletic fields, or demonstrating a record of extraordinary achievement in the motion picture or television industry.
  • P: Given to entertainers, circus artists, and athletes who are coming to the United States to perform at a specific competition or event.
  • TN: Available only for Canadian and Mexican nationals who fit within a list of approved job categories.

If you are interested in sponsoring a foreign national for a permanent or temporary work visa, contact the Law Office of Tejal Mehta to schedule a consultation.