Employment Immigration Attorney

Employment Immigration Attorney California

Non-native citizens comprise a big percentage of the United States’s workforce. While the state of California alone has about millions of immigrant workers, the most in the nation. If you desire to work in one of the largest economies in the world, you need to have an employment authorization in the form of an employment-based visa. Whether you are an individual employee or an employer looking to expand your workforce, you need a legal status to work in the USA. If you have the right skills, education and work experience, you may even qualify for employment immigration. At Sidman Law Group, our employment immigration attorney in California can help you be a part of the Californian labor force. We have a team of the best employment based immigration attorneys who can answer all your questions regarding your immigration, explain the visa process and help you flourish your career while managing all the technical aspects of your application.

Helping Clients Get Employment-Based Visas In California

For many people with extraordinary talent, education or resources, the next step in their career is to come to the United States. To do that, you must navigate the complexities of the U.S. immigration system. With the assistance of our employment-based immigration attorneys, Sidman Law Group can help you do that – as it has done for countless U.S. immigrants since 1983.

Employment Visa Requirements And Considerations

Employment based immigration in the USA is subject to certain requirements. In relation to employment, immigration visas of any sort are declined by the U.S. government, which negatively affects the jobs of American workers, which include U.S. citizens and permanent residents of the U.S.A. To be eligible to work in California, there are certain considerations that need to be made. They are:

Prevailing and actual wage
An employment and immigration attorney can attest to all employment visas based on a condition of ‘prevailing wage’ or ‘actual wage,’ whichever is higher should be paid to the foreign workers. This is to avoid the exploitation of foreign employees by companies.

Availability of employment-based visas
As per researchers, America only needs skilled workers for professional level positions or white collar jobs, to be more specific. As far as odd jobs are concerned, there are plenty of American workers for non-professional positions and they don’t require foreign workers. An employment based immigration lawyer can tell you if an employment visa is available in your case.

How To Apply For Employment-Based Immigration In California?

If you are interested in working in California, you may either have to obtain an employment-based immigration or a temporary work visa. In the case of an employment-based immigrant visa, you will be considered a permanent resident of the USA based on your employment status. That said, applying for employment immigration in California is not easy, and you will need the help of an immigration and employment lawyer to navigate the system. To apply for this form of visa, applicants must follow the following steps:

  • Your employment immigration lawyer has to find out if you are eligible for the application for an employment immigration visa or not as per the criteria of United States Citizenship and Immigration Services

  • Sometimes, the employer is asked to give the labor certification request as Form ETA-750 to the Department of Labor’s Employment and Training Administration. Then the employment immigration lawyer submits the form for further processing

  • After being granted the Labor Certificate, the employer submits an immigration filing Form I-140 on your behalf at the service center of USCIS

  • After the authorities go through every detail and find them to be correct, the approval is given to the applicant along with an Immigrant Visa Number


What Are The Different Categories Of An Employment-Based Immigrant Visa?

There are several categories in which employment-based immigration is divided. Depending on your situation, an immigration and employment law attorney can help you identify which type suits you best. The categories of an employment-based immigrant visa are:

EB-1 – Extraordinary Ability “First Preference”

As per the U.S. State Department, employment-based immigration involves three categories: (1) People with extraordinary ability, meaning those who have reached a high level of acclaim and recognition in their fields; (2) outstanding professors and researchers on the path to tenure; and (3) executives or managers employed with multinational U.S.-based corporations.

EB-2 – Extraordinary Ability “Second Preference”

The EB-2 visa represents the so-called “second preference” under U.S. immigration law. There are two categories under the EB-2 visa: (1) Professionals who have an advanced degree (above and beyond the baccalaureate degree), or, in rarer instances, those who have only a baccalaureate degree but relevant experience in his or her field; and (2) those with “exceptional ability” in the arts and sciences or in business, as demonstrated by the evidence.

EB-3 – Employment-Based “Third Preference”

Available for skilled workers, professionals and unskilled workers (other workers). A labor certification and a permanent, full-time job offer are required to become eligible.

EB-4 – Employment-Based“Fourth Preference”

Available for ‘special immigrants’ including religious workers, special immigrant juveniles, broadcasters, G-4 International Organization or NATO-6 employees and their family members, armed forces members, Panama Canal Zone employees, certain physicians, Afghan and Iraqi Translators, Afghan and Iraqi nationals who have provided faith service in support of U.S. operations.

EB-5 – Immigrant Investors “Fifth Preference”

The EB-5 Immigrant Investor Program is designed around economic job growth. As per U.S. Citizenship and Immigration Services, entrepreneurs and their families may immigrate to the U.S. (and are green card eligible) provided that they meet two basic criteria: (1) Can invest in a commercial U.S. business (2) Can create or preserve 10 jobs for U.S. workers.

Prepare For Immigration With Sidman Law Group

A reliable California employment immigration attorney at our firm is always ready to serve you. Let us help you explore your immigration and employment needs and options. Having solved various visa applications for U.S. employees and employers, our experienced California employment based immigration attorneys are excellent in what they do and can provide you with extraordinary services that you can count on. So contact your prospective employment immigration attorney at 818-981-0352 or email the firm.

As per the U.S. State Dept., employment-based immigration involves three categories: (1) People with extraordinary ability, meaning those who have reached a high level of acclaim and recognition in their fields; (2) outstanding professors and researchers on the path to tenure; and (3) executives or managers employed with multinational U.S.-based corporations.

The EB-2 visa represents the so-called “second preference” under U.S. immigration law. There are two categories under the EB-2 visa: (1) Professionals who have an advanced degree (above and beyond the baccalaureate degree), or, in rarer instances, those who have only a baccalaureate degree but relevant experience in his or her field; and (2) those with “exceptional ability” in the arts and sciences or in business, as demonstrated by evidence.

Available for skilled workers, professionals and unskilled workers (other workers). A labor certification and a permanent, full-time job offer are required to become eligible.

Available for ‘special immigrants’ including religious workers, special immigrant juveniles, broadcasters, G-4 International Organization or NATO-6 employees and their family members, armed forces members, Panama Canal Zone employees, certain physicians, Afghan and Iraqi Translators, Afghan and Iraqi nationals who have provided faith service in support of U.S. operations.

The EB-5 Immigrant Investor Program is designed around economic job growth. As per U.S. Citizenship and Immigration Services, entrepreneurs and their families may immigrate to the U.S. (and are green card eligible) provided that they meet two basic criteria: (1) Can invest in a commercial U.S. business (2) Can create or preserve 10 jobs for U.S. workers.

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We handle all types of immigration cases, including business and family immigration matters as well as deportation and removal cases.

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