Employment-based visa petitions must meet exacting requirements and be supported by documentary evidence. Our law firm can review the strength of your qualifications and offer an opinion as to your eligibility. We can also help you use your professional record and skill set to your advantage.
Applying for an employment-based visa is a multi-step process that includes:
- Determining the appropriate immigration category — There are five tiers of employment-based (EB) visas, from the first-preference EB-1 to the fourth-preference EB-4. It is important that you apply under the category that best fits your circumstances and qualifications.
- Labor certification — The intended employer or agent of an EB-2, EB-3 or EB-4 immigrant must obtain a certification from the Department of Labor that there are insufficient U.S. workers available for the job at hand. An EB-2 applicant claiming their U.S. employment would greatly benefit the country may seek a National Interest Waiver of the labor certification requirement.
- Compiling the evidence — Generally, multiple pages of documentation will be needed to establish that the foreign worker meets eligibility criteria. The evidence should be organized and presented in a way that is easy for an immigration officer to understand.
- Filing the petition — Once any necessary labor certification is obtained and the case is compiled, the employer or individual petitioner files a Form I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS).
- Defending the petition — USCIS or another government agency may question the validity of evidence or claim that a foreign worker is not eligible for the requested visa. Our law firm responds to requests for evidence, defends against claims of misrepresentation of materials facts or fraud and defends employers against sanctions.
Clients rely on us for our communicative service and creative problem-solving efforts. In addition to employment-based visa applications, we help with nonimmigrant, I-129 petitions for temporary worker status as well as other business-based immigration applications.
Located in Tampa, Florida, the office of Mark Weiner Law advises individuals and employers who wish to obtain nonimmigrant visas. To schedule a consultation with an experienced immigration attorney, call 813-388-3045 or contact us online.