Employment Based Immigration


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Employment Based Immigration

For working professionals looking to immigrate to the United States, there are many employment-based immigration options available. The Law Office of Malathi Benjamin can advise you on the best avenue with the highest chance of success.

H-1B Visa

The H-1B Visa is one of the most in demand visa categories for foreign professionals. The H-1B Visa allows foreign workers in “specialty occupations” to enter the United States for work purposes in a variety of fields. A few examples of these fields are architecture, engineering, computer science, teaching, technology, medicine, and health. The job must require that you have at least a Bachelor’s degree and you must have the required bachelor’s degree in your area of work. There are other requirements that must be met too. You cannot self petition, which means you will need an employer to sponsor you. With an H-1B visa, your spouse and unmarried children under 21 years of age can also gain legal status in the U.S., although they cannot work.

The H-1B Visa includes a wide range of employment possibilities and provides a useful bridge until you get permanent resident status. H-1B Visa laws are complex and can be tricky to navigate without skilled representation. We are proud to boast a 99 percent success rate for all our H-1B cases!

Click here to learn more about the H-1B Visa.

Religious Workers

The R-1 Visa enables religious workers to enter the United States. The R-1 visa is available for ministers, religious professionals and those with a religious vocation. Pastors, priests, missionaries, deacons, nuns, and monks, are some examples of religious workers. Liturgical workers, religious instructors, catechists, workers in religious hospitals, religious translators, and religious broadcasters are also included in this category.

An R-1 applicant must prove that he or she has been a member of the same denomination as the petitioning employer for two years immediately before the filing of the petition. The petitioner must be a tax-exempt nonprofit religious organization that can afford to pay the religious worker a living wage and the work must be religious work

R-1 visa holders may now remain in the U.S. for a total of five years and can apply for a religious worker green card after 2 years of full time paid, religious work employment. Spouses and unmarried children under 21 years of age may join the religious worker in the U.S. under R-2 status, but cannot work.

We have successfully obtained R-1 visas for religious workers of a variety of denominations. Click here to learn more about the R-1 visa.

Investment Based

E-2 Visa

The E-2 visa is available for those people from specific countries who want to open their own business in the USA. Click here for a list of eligible countries. You don’t have to have been born in one of these countries as long as you are now a national of that country.

You will have to first set up a business in the USA which qualifies as an E-2 employer, and then apply for the E-2 visa. You must invest into the business from your own personal funds and the investment must be “at risk”. You must also show that you are not dependent on the E-2 business for your survival. The E-2 application process is complex and involves both business and immigration elements. Contact us today to see if you qualify for E-2 status and whether this status is the right one for you.

Individuals with Extraordinary Ability O-1 Visas

O-1 visas are available for people with extraordinary ability in a variety of fields of work. The O-1A is for those with extraordinary ability in the field of science, business, education or athletics, and the O-1B is for those with extraordinary ability in the field of arts, motion pictures or television.

You will have to show that you are outstanding as compared to your peers and that you have been recognized as such nationally and internationally.

An O-2 visa is available for individuals coming to the USA to assist the O-1 visa holder in a particular event or performance, as long as that assistance is an integral part of the O-1 visa holder’s activities.

An O-3 visa is available for the spouse and minor children (under 21) of the O-1 visa holder.

Contact us today to see if the O-1 visa category is suitable for you.

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