Employment-Based Immigration Work Visa Lawyer
Employment-based immigration law is one of the most complex areas of U.S. immigration services, requiring expert legal expertise to navigate the visa process successfully. An employment-based immigration work visa lawyer provides legal representation for foreign nationals seeking permanent residence or temporary work authorization in the United States.
Types of Unlawful Discrimination
The U.S. immigration system offers multiple pathways for foreign workers to get legal employment authorization. Employment-based immigrant visas are categorized into five distinct groups, each with its own specific requirements and annual quota. Approximately 140,000 employment-based green cards are available each fiscal year, distributed among these categories based on priority and demand.
EB-1
First Preference (EB-1) Categories include individuals with extraordinary ability in the sciences, arts, education, business, or athletics. These applicants have international recognition through extensive documentation of achievements. Outstanding professors and researchers who have received recognition for their work also qualify for this category. Multinational executives and managers who have worked in managerial or executive capacity for qualifying organizations can get permanent resident status through this pathway. The first preference category does not require labor certification and hence has faster processing times.
EB-2
Second Preference (EB-2) Visas are for professionals with advanced degrees or individuals with exceptional ability in their field. Most EB-2 applications require a job offer from a sponsoring employer and labor certification. However, a national interest waiver provides an alternative path for those whose work serves the national interests of the United States. This waiver eliminates the need for labor certification and allows self-petitioning.
EB-3
Third Preference (EB-3) Categories are for skilled workers with at least two years of experience, professionals with bachelor’s degrees, and other workers performing unskilled labor. All EB-3 applications require a labor certification and permanent job offer. This category often has longer waiting periods due to high demand and per-country limitations.
EB-5
Fourth and Fifth Preference Categories are for special immigrants, including religious workers and immigrant investors, respectively. The EB-5 program requires a substantial financial investment in job-creating enterprises.
Labor Certification
Labor certification is a critical component of most employment-based immigration cases. The Department of Labor requires sponsoring employers to demonstrate that qualified U.S. workers are not available for the position and that hiring foreign workers will not adversely affect the wages and working conditions of American workers. The PERM (Program Electronic Review Management) process involves detailed recruitment efforts, prevailing wage determinations, and extensive documentation. Employers must conduct good-faith recruitment campaigns, including job postings, newspaper advertisements, and professional recruitment efforts. The labor certification process takes several months to complete and requires attention to regulatory requirements.
Immigration attorneys guide employers through each step of the labor certification process, ensuring compliance with ever-changing immigration laws and regulations. Proper documentation and adherence to recruitment requirements are key to successful PERM applications.
Temporary Work Visas and Nonimmigrant Categories
Temporary work visas grant foreign nationals employment authorization for a specified period. The H-1B visa is for professionals in specialty occupations that require advanced degrees or specialized knowledge. H-1B caps create intense competition, with demand often exceeding available visas by large margins.
L-1 visas facilitate intracompany transfers of multinational managers, executives, and employees with specialized knowledge. These visas allow multinational companies to transfer key personnel between international offices. O-1 visas are for individuals with extraordinary abilities in the sciences, arts, education, business, athletics, or entertainment.
E visas are for treaty traders and investors from countries with which the United States has commercial treaties. TN visas are for Canadian and Mexican professionals under the USMCA agreement. Each visa category has different requirements, validity periods, and renewal procedures.
Full Service Immigration
Employment-based immigration attorneys at Kent Pincin offer comprehensive, full-service legal representation throughout the entire immigration process. Initial consultations involve assessing eligibility across different visa categories and developing strategies to achieve immigration goals. Legal teams prepare and file government forms, including immigrant petitions, visa applications, and supporting documentation, as required by the government.
Our attorneys coordinate with USCIS, respond to RFEs, and address complex legal issues that arise during processing. They provide ongoing counsel on status maintenance, travel restrictions, and compliance obligations.
For clients seeking permanent residency, immigration attorneys guide them through the adjustment of status or consular processing process. This includes preparing for interviews with consular officers, gathering necessary documentation, and addressing potential issues.
Meet Our Immigration Attorney
Anna Oguntimein
Anna is a New York licensed attorney who was inspired to pursue law while working as a schoolteacher educating immigrant students. Being an immigrant herself, she understood the difficulties they faced and wanted to broaden her advocacy for them beyond the classroom walls.
Anna began her legal career in New York City representing children, survivors of domestic violence and victims of crime seeking humanitarian relief before United States Citizenship and Immigration Services and the Immigration Court. She also has extensive experience representing detained immigrants in removal proceedings and bond hearings. She is well-versed in criminal immigration issues and has advised criminal defense attorneys on negotiating plea deals to mitigate the immigration consequences in their clients’ cases. Anna’s most rewarding work, however, has been successfully defending HIV positive clients in removal proceedings so they could remain in the U.S. and have access to life saving medication.
Anna has a keen interest in the intersection of immigrant and employee rights. She has joined KENT | PINCIN to spearhead the immigration practice and handle pre-litigation matters at the firm. Anna strives to provide compassionate advocacy because she believes it empowers clients to exercise their rights and assert agency in their own lives.
When Anna isn’t practicing law, she enjoys spending time with her family, doing arts and crafts with her kids, and taking long walks on the beach.
Strategic Planning and Case Management
Employment-based immigration requires careful strategic planning to navigate the legal landscape effectively. Immigration attorneys analyze priority dates, visa availability and processing times to develop strategies for each case. They advise clients on timing considerations, alternative paths, and contingency planning.
For multinational companies, legal teams develop comprehensive immigration strategies to support global workforce mobility. This includes setting up L-1 programs, managing an H-1B portfolio, and ensuring compliance with immigration regulations across multiple jurisdictions. Immigration attorneys also advise on maintaining lawful status during long waiting periods, especially for applicants from countries with significant backlogs. They advise on visa renewals, job changes, and other circumstances that may affect immigration status.
Specialized Knowledge
Employment-based immigration requires a deep understanding of regulatory requirements, procedural mechanisms, and policy considerations. Immigration attorneys stay up-to-date with changing immigration laws, policy changes, and administrative developments that affect their clients.
Legal representation encompasses advocacy before government agencies, the preparation of complex legal arguments, and the management of challenging cases involving denials or other adverse decisions. Attorneys use their expertise to find alternative solutions and overcome obstacles in the immigration process.
The team approach ensures clients receive personal attention throughout their immigration cases. Legal services go beyond form preparation to include comprehensive counsel on immigration strategy, compliance obligations, and long-term planning.
Caring for our Clients
Family and Comprehensive Support
Employment-based immigration often involves family members who may be eligible for derivative benefits. Immigration attorneys coordinate family-based applications, so spouses and unmarried children under 21 can accompany or follow the primary applicant. They address complex issues involving priority dates, aging out of the child welfare system, and maintaining family unity throughout the process.
Legal teams provide ongoing support to clients adjusting to life in the United States, including guidance on social security applications, driver’s licenses, and other practical matters. They maintain long-term relationships with clients, providing legal services as immigration needs evolve.
Employment-based immigration is a pathway to the American Dream for foreign nationals who want to contribute their skills and expertise to the U.S. economy. With proper legal representation and planning from Kent | Pincin, applicants can successfully navigate the immigration system and achieve their goal of permanent residency, ultimately leading to citizenship. Call us today at (310) 376-0922 or click here to fill out our contact form.
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