Employment Visa Lawyer

• Non-Immigrant Work Visas (Temporary): Allow foreign nationals to work in the U.S. temporarily for a specific sponsoring employer (e.g., H-1B, L-1, O-1, TN, E-2). They are tied to your job status and do not automatically grant permanent residency.
• Employment-Based Green Cards (Immigrant Visas): Grant permanent resident status (a Green Card) based on employment qualifications or extraordinary talent (e.g., EB-1, EB-2, EB-3, EB-5). These allow you to live and work in the U.S. indefinitely.

The PERM (Program Electronic Review Management) Labor Certification is a mandatory first step for most employment-based permanent residence petitions (like EB-2 and EB-3). Issued by the U.S. Department of Labor (DOL), PERM requires the sponsoring U.S. employer to test the local job market to prove that there are no qualified, willing, and available U.S. workers for the position, and that employing a foreign national will not adversely affect U.S. wages.

Yes, under specific employment-based categories, you can self-petition without an employer or PERM labor certification:

• EB-1A (Extraordinary Ability): For individuals with sustained national or international acclaim in science, arts, education, business, or athletics.

EB-2 NIW (National Interest Waiver): For professionals with advanced degrees or exceptional ability whose proposed endeavor has both substantial merit and national importance to the United States.

To qualify for an H-1B visa, the position must meet the criteria for a “specialty occupation,” meaning it requires a bachelor’s degree or higher in a specific, related field. Key aspects include:

• Degree Requirement: The candidate must hold a qualifying degree matching the job duties.
• Prevailing Wage: The employer must pay at or above the DOL-established prevailing wage.
• Cap & Lottery: Most cap-subject employers must enter the annual USCIS H-1B registration lottery in March. Cap-exempt employers (universities, non-profit research organizations) are not subject to the annual cap.

The L-1 Visa allows multinational companies to transfer key employees from a foreign office to a U.S. office:

• L-1A Visa: For managers and executives (can lead to an EB-1C Green Card without PERM certification).

L-1B Visa: For specialized knowledge employees. The foreign employee must have worked for the overseas company for at least one continuous year within the preceding three years.

The O-1 Visa is a non-immigrant visa for individuals who possess extraordinary ability in science, education, business, athletics, or the arts/motion picture industry. Unlike H-1B visas, O-1 visas have no annual numerical cap, no prevailing wage requirements, and offer flexible extensions. Applicants must satisfy at least 3 out of 10 USCIS criteria demonstrating national or international acclaim.

For cap-subject non-immigrant visa holders (such as H-1B, O-1, L-1, and TN), USCIS provides a 60-day grace period following employment termination. During these 60 days, the worker can:

• Find a new employer to file a visa transfer petition.
• Change to a different non-immigrant status (e.g., B-1/B-2 visitor or F-1 student).

Prepare to depart the U.S. legally.

Employment immigration involves complex intersections of U.S. Department of Labor regulations, USCIS guidelines, and consular procedures. At Transparent Justice Law Firm, P.C., Attorney Tina Genovese-Muñoz partners with HR leaders, growing businesses, and foreign professionals to develop compliant, efficient immigration strategies that avoid costly delays, RFEs, and business disruptions.