Employment-Based Immigration Lawyer in Charleston
Personalized Legal Advice & Guidance
We can help with three types of employment-based visas: EB-1, or Employment-Based First Preference; EB-2, or employment-based second preference; and EB-3, or employment-based third preference.
Understanding EB-1, EB-2 & EB-3 Visas
EB-1 Visas
EB-1 is a visa that is designed to offer permanent residence to non-U.S. citizens who can show they have notable abilities as demonstrated by “sustained national or international acclaim” in the fields of science, the arts, education, or sports.
Other abilities that can make one qualified for an EB-1 include being “outstanding professors or researchers” as well as “some executives and managers of foreign companies who are transferred to the U.S.” You do not need to have an offer of permanent employment in order to qualify for an EB-1.
EB-2 Visas
EB-2 is a visa designed for “members of the professions holding advanced degrees or their equivalent.” Individuals whose demonstrated, exceptional abilities in the fields of science, the arts, education, or sports are deemed likely to benefit the national economy, cultural life, or educational system of the U.S.
EB-2 is different from EB-1 in the way that applicants must be able to show approved labor certification and be in receipt of an offer of employment from a U.S. employer, and they cannot self-petition. The prospective employer must lodge an Immigrant Petition for Alien Worker with the USCIS. It is possible to petition for an exemption to these requirements, known as the National Interest Waiver.
EB-3 Visas
Lastly, EB-3 is a visa designed for individuals seeking to permanently immigrate to the U.S. who do not qualify for EB-1 or EB-2 status, but who fall under the categories of “skilled workers,” “professionals,” or “other workers.”
Workers in the EB-3 category do not need to demonstrate that they have exceptional skills, but they will likely wait longer for their applications to be processed. These individuals are also unable to self-petition, and must have an offer of employment from a U.S. employer who will sponsor their application.
The Importance of Hiring an Immigration Lawyer for Employment Visas
If you are coming to America for employment, or have already found employment and wish to remain here, the process can be complex. In order to ensure that it goes as smoothly as possible, it is best to seek the help of a skilled legal professional like Ameneh Maghzi who is familiar with the nuances of immigration law.
She will be able to be an advocate and a support system for you throughout the process, and will make sure that no details are left unaddressed. This will help you access your ability to remain in the U.S. as quickly as possible to continue your work, and will take a weight off of your shoulders knowing you are in good hands. Our immigration attorney in North Charleston is prepared to guide you. Contact us today.
To contact our team about employment-based immigration defense or one of our other services, call us today at (843) 800-2750 or contact us online.
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