Employment-Based Immigration
Work visas, labor certifications, and employment-based green cards for professionals and skilled workers.
Free Case ReviewThe United States offers several pathways for foreign workers and professionals to obtain temporary work authorization or permanent residence through employment. These processes involve specific eligibility requirements, employer sponsorship obligations, and government processing that can be complex and time-sensitive.
At Maples, Connick & Brendel, we assist both individuals and employers with employment-based immigration matters, from initial work visa applications through permanent residence.
Temporary Work Visas
The U.S. immigration system offers numerous temporary work visa categories, each with its own requirements.
H-1B visas are for workers in specialty occupations that require at least a bachelor’s degree in a specific field. Common fields include technology, engineering, medicine, finance, and education. These visas are subject to an annual cap with limited exceptions.
L-1 visas allow companies to transfer managers, executives, or employees with specialized knowledge from a foreign office to a U.S. office. These visas are commonly used by multinational companies.
O-1 visas are for individuals with extraordinary ability or achievement in their field, including sciences, arts, education, business, and athletics.
TN visas are available to Canadian and Mexican citizens under the USMCA agreement for certain professional occupations.
E-2 visas are for investors from treaty countries who are making a substantial investment in a U.S. business.
Each visa category has specific documentation requirements, and the application process must be handled precisely to avoid delays or denials.
Employment-Based Green Cards
For workers seeking permanent residence, employment-based green cards are available through several preference categories. EB-1 for priority workers including individuals with extraordinary ability, outstanding professors and researchers, and multinational managers. EB-2 for professionals with advanced degrees or exceptional ability. EB-3 for skilled workers, professionals, and other workers. Each category has different requirements for labor certification, employer sponsorship, and evidence of qualifications.
Labor Certification (PERM)
Most EB-2 and EB-3 green card applications require the employer to complete the PERM labor certification process, which involves demonstrating that no qualified U.S. workers are available for the position. This process includes specific recruitment steps, detailed documentation, and compliance with Department of Labor regulations.
We guide employers through the PERM process to ensure compliance and avoid audits or denials that can set the timeline back significantly.
How We Help
We work with both individuals and employers to assess which visa or green card category is the best fit, prepare and file petitions with complete and compelling documentation, respond to Requests for Evidence, navigate the PERM labor certification process, manage visa renewals and status changes, and plan long-term immigration strategies.
If you are a professional seeking work authorization or an employer looking to sponsor a foreign worker, contact us to discuss your options.
Frequently Asked Questions
Yes, if you meet the qualifications for one of the employment-based preference categories. The process typically involves labor certification, an immigrant petition filed by the employer, and then adjustment of status or consular processing. We can evaluate your eligibility and guide both you and your employer through the process.
If you are on an H-1B visa and lose your job, you generally have a 60-day grace period to find a new employer to sponsor your visa, change to a different status, or depart the United States. Acting quickly is critical, and we can help you explore your options.
It varies significantly based on the preference category, the applicant’s country of birth, and current processing backlogs. Some EB-1 cases can be completed in under a year, while EB-3 cases for applicants from certain countries can take a decade or more.