Orange County Immigration Law - Employment-Based Immigration
The opportunity for meaningful employment is one of the main reasons people seek to immigrate to the United States, and employees and employers from around the world turn to the Los Angeles immigration lawyers at Wilner & O'Reilly in southern California for help with immigrant visas, non-immigrant visas, permanent labor certifications, and waivers and petitions for foreign nationals of extraordinary ability.
Immigrant Visas
We handle I-140 petitions for workers in EB-1, EB-2, and EB-3 preference categories, including skilled and unskilled workers; professionals and multinational executives; outstanding professors, researchers, and people with advanced degrees; workers of extraordinary or exceptional ability; or where it is the national interest to grant a waiver. Each category requires different forms of evidence and documentation to be presented in the proper format in order to establish eligibility for an immigrant visa.
Non-Immigrant Visas
In most cases, non-immigrant visa seekers must be able to demonstrate that they have a permanent residence in their home country which they have no intention of abandoning. Depending upon the visa, an employee may stay in the U.S. from a few days to several years on a non-immigrant visa, and the worker's spouse and unmarried children may be able to stay also on a derivative visa. We also work in some cases to obtain dual status visas, whereby a worker under a non-immigrant visa may simultaneously request a green card for permanent residency.
Permanent Labor Certifications
As the name implies, a permanent labor certification (PERM) allows an employer to hire a foreign worker to work permanently in the United States. Obtaining a PERM requires approval from the Department of Labor's Employment and Training Administration (DOL ETA) as well as Citizenship and Immigration Services (CIS). This process involves multiple steps and detailed petitions and applications, including a showing that the employer has recruited American workers for the job but has been unable to fill the position with able, willing, and qualified workers.
Even if DOL approves the certification, the employer must still file a petition (I-140) with CIS to complete the process. We help employers navigate the entire process from start to finish, preparing, reviewing and filing documentation, and interacting with government agency officials as necessary.
Foreign Nationals of Extraordinary Ability
A great deal of our practice focuses on the representation of athletes and artists in the entertainment industry. We have successfully obtained First Preference EB-1 visas for singers, boxers, and MMA fighters who are tops in their field, as well as leading scientists and business persons around the world. We help these individuals with self-petitions for permanent residency, O and P non-immigrant petitions, or by seeking national interest waivers where appropriate.
Proven Effective and Successful Legal Representation
Our lawyers help employees and employers obtain visas for permanent workers in the above categories, as well as assisting temporary workers or temporary visitors for business purposes. We manage the entire process on behalf of the petitioning employer or employee. When disputed matters arise requiring litigation to resolve, our experienced courtroom litigators provide strong and effective advocacy in the appropriate forum, including representation at Department of Labor hearings and Bureau of Labor Certification (BALCA) appeals. For immigration attorneys in Orange County who can provide assistance in any employment-based immigration matter, contact the immigration law experts at Wilner & O'Reilly, APLC.
Employment-Based Immigration Categories
- EB-1: Extraordinary Ability, Outstanding Professors/Researchers, and Multinational Executives
- EB-2: Members of Advanced Degrees, Exceptional Ability, National Interest Waiver
- EB-3: Skilled Workers, Professionals, Unskilled Workers
- EB-4: Special Immigrants
- EB-5: Immigrant Investor
- Schedule A Workers: Registered Nurses and Physical Therapists
Employment-Based Visas
- B-1 visa: Temporary Visitors for Business
- E-3 visa: Australians in specialty occupation
- H-1B visa: Specialty Occupation
- H-2A visa: Agricultural visa
- H-2B visa: Seasonal/Temporary workers
- H-3 visa: Trainees
- H-4 visa: Immediate family members of H-1, H-2 or H-3 visa holders.
- L-1A visa: Intracompany Transferee
- L-1B visa: Specialty Occupation
- L-2 visa: Immediate Family of L-1A and L-1B visa holders
- M-1 visa: Vocational Student
- M-2 visa: Immediate Family of Vocational Student
- O-1 visa: Persons with extraordinary ability in sciences, arts, education, business or athletics
- O-2 visa: Essential support staff of O-1 visa holders
- O-3 visa: Immediate Family of O visa holders
- P-1 visa: Internationally recognized athletes and entertainers and their support staff
- P-2 visa: Entertainers coming to perform in the U.S. through a government recognized exchange program.
- P-3 visa: Artists and entertainers coming to the U.S. in a group for the purpose of presenting culturally unique performances
- P-4 visa: Immediate Family of P-1, P-2, and P-3 visa holders
- R-1 visa: Ministers and other workers of recognized religions
- R-2 visa: Immediate Family of R-1 visa holders
- NAFTA (TN) visa: Mexican and Canadian Professional Worker
