What Are Employment-Based Immigration Petitions?

The United States is a country which has long benefited from the contributions and hard work of individuals born in other nations. As such, U.S. Citizenship & Immigration Services (USCIS) provides pathways through which foreign nationals can obtain employment-based visas to live and work in the U.S. While there are over 100,000 employment-based visas available on an annual basis through the Immigration and Nationality Act, ensuring complete and thorough applications, meeting requirements, and navigating the process can be a difficult endeavor.

At Joey Gilbert Law, our Reno immigration lawyers assist clients – including employers and foreign nationals – with navigating all steps of employment-based immigration. From helping employers obtain a labor certification approval for assistance with filing immigration petitions with the USCIS, our legal team takes a personalized approach to guiding clients step-by-step through their legal journeys.

To help you better understand employment-based immigration petitions and the importance of working with a lawyer to protect your rights, we’ve compiled the following information.

Temporary (Nonimmigrant) Worker Visas

Nonimmigrant foreign nationals can come to the U.S. lawfully in order to work temporarily in the country. However, those who wish to do so must generally have an employer file a nonimmigrant petition on their behalf with the USCIS. There are many types of nonimmigrant temporary worker classifications, some of the most common of which include:

  • H1 Visas – Temporary workers in specialty occupations
  • H2a Visas – Temporary workers in agricultural work
  • H2b – Temporary workers in seasonal or peak load work
  • J – Cultural exchange workers
  • M Visas – Vocational work visas
  • O Visas – Temporary workers with extraordinary abilities
  • P Visas – Internationally recognized athletes or entertainers
  • R Visas – Religious workers
  • B1 Visas – Visitor for Business
  • E1 / E2 Visas – Treater traders or investors

Temporary employment-based visa classifications allow U.S. employers to hire and petition for foreign-born workers to come to the U.S. for specific employment opportunities for a limited amount of time. Most temporary nonimmigrant workers must continue employment for the employer which petitioned on their behalf and have limited ability to change jobs.

Temporary Worker Spouses and Children

Spouses and children of temporary workers may qualify for dependent nonimmigrant classification. Those who do can apply for a visa directly with a U.S. consulate. Children and spouses may also request status changes of an extension of their stay by filing a particular application (Form I-539).

Labor Certification

For any foreign national to live and work in the U.S., either on a temporary or permanent basis, employers must first obtain labor certification. This requires employers to file complete and accurate Applications for Temporary Employment Certification, which is reviewed by the Office of Foreign Labor Certification. Employers must also provide recruitment reports and comply with all regulatory requirements. Performing these steps completely and accurately is critical to ensuring employers are granted labor certification, which makes them eligible to file a petition for a temporary nonimmigrant worker with the USCIS.

Discuss Your Case with a Reno Immigration Attorney

The employment-based immigration process can be a challenging endeavor, and one that demands the attention of skilled attorneys who have the experience, insight, and resources to help employers navigate each step, meet all requirements of a particular visa classification, and petition for temporary workers. Thoroughness, accuracy, and compliance with rules and timeless are critical to ensuring positive outcomes and timelines so as not to impact an employer’s ability to hire needed workers.

If you have questions about employment-based immigration petitions and how our immigration attorneys at Joey Gilbert Law can help you, contact us 24/7 to request a FREE consultation.


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