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Houston Employment-Based Immigration Lawyer

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Under current U.S. immigration law, every fiscal year (Oct 1 - September 30) approximately 140,000 employment-based immigrant visas are made available to those who qualify. Individual applicants must be eligible for an employment-based visa under one of the five categories by law. The individual's employer must complete and submit a labor certification request to the Department of Labor and must also file an immigrant visa petition, usually a Form I-140 Petition for Alien Worker. The government must approve this petition before it can be finalized.

Immigrating to the United States for employment can be a complex process. Prospective immigrants are required to follow strict guidelines for applying. If you work with our Houston immigration lawyer, you can take comfort in knowing you have a devoted team at your side.

Eligibility for Visa Based on Employment

As a Houston-based immigration law firm, we provide experienced and professional legal services to help you successfully enter the United States. We focus on providing tailor-made representation to all of our clients.

The five categories for employment-based immigration are:

  • Priority workers: those with extraordinary abilities in science, art, education, business, or athletics, outstanding professors and researchers, and multinational managers or executives. This includes H-1B and H-1B1 visas. These workers receive 28.6% of the annual limit of employment-based visas.
  • Professionals: those holding advanced degrees and persons of exceptional ability in science, art, or business. These workers receive 28.6% of the annual limit of these visas. This includes TN visas.
  • Skilled and unskilled workers: these workers also receive 28.6% of the annual limit of these visas.
  • Certain special immigrants: these workers receive 7.1% of the annual limit of employment-based visas.
  • Immigrant investors: these workers also receive 7.1% of the annual limit of employment-based visas.

Can an Employer Sponsor an Immigrant?

Absolutely. The first step is to apply for an employment-based visa. These visas are limited in number so it is vital that Form I-40, Petition for Alien Worker is properly filed with the Department of Labor with accuracy and in a timely manner.

This is typically reserved for foreign individuals with experience in specific areas that fit into one of the following:

  • Has exceptional skills that will greatly benefit the U.S. economy.
  • Is an accomplished researcher or professor that has at least 3 years of education in his or her field.
  • Has maintained an executive position at a business for over 1 year and desires to continue to advance in that field.
  • Can perform specialized labor and has at least 2 years of experience with that skillset.
  • Is an unskilled worker that will be performing labor for a qualified, more specialized worker and has less than 2 years of experience with that skillset.

As the employer, you must prove that you have the ability to pay forth wages through producing bank statements, financial records, and annual reports. It is also required that you have job experience letters and other documentation that denotes the legitimacy of the job. It can be a tricky and confusing process, but with the help of an educated lawyer, it is entirely possible. We recommend that you do not attempt to petition for a green card for an alien worker without proper legal assistance.

Contact an Immigration Lawyer in Houston, TX

The employment-based immigration process can be complicated and confusing. That is why it is recommended that you contact our firm immediately. We can help smooth the way for you and achieve your employment-based immigration goals with as little stress as possible. Therefore, you should not wait to get in touch with a Houston immigration attorney at our office.

We can help provide guidance and follow-up to complete this procedure. Our firm offers comprehensive immigration services to all clients while emphasizing personalized and responsive attention to every client's needs.

If you or someone you know needs legal assistance with the employment-based U.S. immigration process, please consult with our Houston immigration team.

Success Stories

"We helped a client get his case approved based on marriage (USC wife petitioned for Mexican husband). The case was initially denied when he applied on his own. USCIS thought they didn't have enough proof of cohabitation. In addition, there were discrepancies during the initial interview. USCIS was claiming marriage fraud. Attorney Sebastian Simon refiled everything, went to the interview and case got approved."

Read More Success Stories

Contact Simon Law Group, PLLC

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