WORKER

U.S. immigration laws permit a person to get a green card through employment if their employer is unable to find a qualified U.S. worker for the job. We have represented hundreds of employers across the US, assisting them in sponsoring employees for both temporary working visas and green cards.

US immigration law allows 140,000 persons annually to obtain green cards through employment. This number includes both the principal worker and immediate family members (spouse and unmarried children). However, in FY2021, the number rose to 261,000, and in FY2022, the number is approximately 281,000.

Persons born in a particular country cannot use more than 7% of the quota in any of the 5 employment-based (EB) categories. This has led to long backlogs in the EB categories for persons born in India and mainland China.

Before an EB-2 or EB-3 preference petition on behalf of a prospective immigrant can be submitted to the US Citizenship and Immigration Service (USCIS), an employer generally must obtain the approval of a PERM application from the US Department of Labor. This represents a determination by the Secretary of Labor that no minimally-qualified US workers are ready, willing and able to fill the job, and that the employment of an immigrant will not adversely affect the wages and working conditions of US workers.


here are many temporary immigration categories that allow foreign nationals to engage in employment in the United States. It is generally necessary to have a specific employment offer through a U.S. employer or sponsor. The United States does not have a generic work visa for individuals who wish to come to the U.S. to find jobs. Foreign nationals generally need to obtain a visa at a consulate abroad, based upon a petition filed by a U.S. employer. Those who are already in the United States may be able to change their statuses to employment-based categories, with appropriate employer support. Employment-based, nonimmigrant categories include, among others, H1B (specialty occupation), L1A/B (intra-company transferee) and J-1 (exchange visitors).

Temporary work visas include E, H, J, L, O, P, R and TN visas. The most common ways to visit the US are B-1 and B-2 visas and the Visa Waiver Program. Persons may study in the US using F-1, M-1 and J-1 temporary visas.

This page contains a number of articles and links explaining the various types of temporary visas. It explains the difference between a “visa” and a “status”. We explain the procedure for obtaining a visa abroad as well as the process of applying for an extension of stay or a change of status in the U.S. We link to the online visa appointment system for U.S. Consulates in Canada and Mexico. We explain the most common temporary or “non-immigrant” visa categories, in alphabetical order from “A” to “U”.

Our attorneys have obtained temporary visas for thousands of E-2 treaty investors, H-1B professionals, J-1 trainees, L-1 intracompany managers and executives, O-1 persons of extraordinary ability, P-1 athletes and entertainers, R-1 religious workers and persons in TN occupations. We represent hundreds of employers and thousands of computer professionals, physicians, accountants, engineers, scientists, health care professionals including registered nurses across the US.

Requirements

  • Most (but not all) require employer to obtain USCIS approval of a petition
  • Limitations on the amount of time temporary workers may remain in the United States (vary by category)
  • The specific requirements for each of the categories differ.
  • Requirements often depend upon the type of work and level of education and/or training required.

How We Can Help You

  • The Wang Law Firm helps foreign nationals and U.S. employers assess appropriate employment-based, nonimmigrant options.
  • Our attorneys provide representation in connection with the preparation and submission of employment-based petitions with the USCIS, including H1B and L-1 petitions.
  • We advise individuals and employers with regard to maintenance, change and extension of temporary worker status and related immigration matters.