Atlanta employment visa attorneys assist foreign nationals with petitions for U.S. work.
Experienced Atlanta Georgia employment visa attorneys at Kuck | Baxter are positioned to offer case-focused advice and represent individuals through all aspects of applying for any of the five categories of permanent worker visas in the United States that include:
- EB-1 for persons with extraordinary abilities,
- EB-2 for professionals,
- EB-3 for professionals and skilled workers,
- EB-4 for “special immigrants,” such as religious workers, employees of U.S. foreign service posts, retired employees of international organizations, noncitizen minors who are wards of U.S. courts, and other classes of noncitizens, and
- EB-5 for business investors who invest $1.8 million, or $900,000 to targeted employment in a new commercial enterprise that employs at least 10 full-time U.S. workers.
Kuck Baxter is an Atlanta GA Immigration Law Firm that has decades of experience acting on behalf of employer petitioners and workers requiring assistance with immigration matters for businesses, students, professionals, families, and those seeking asylum in the United States.
Employment visa Lawyers in Atlanta.
Foreign nationals may be eligible for employment-based, first-preference visas if they possess extraordinary abilities, can function as a multinational executive, or they are an internationally recognized outstanding researcher, or higher education academic professor. The United States Citizenship and Immigration Services (USCIS) offices recognize certain professions, and skill sets that could benefit work force operations in the United States, and gives foreign nationals preferences depending on those valuable skills. Atlanta GA Employment visa lawyers can ascertain the particular employment-based category that an individual will fall into and assist them with a work visa application.
Permanent labor certification.
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s USCIS, the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. Atlanta employment visa attorneys will guide applicants who need labor certification documentation to obtain their work visa in the U.S.
EB-1 visa attorneys in Atlanta Georgia assist individuals who are classified as “priority workers” toward the acquisition of a green card, based on the high level skills of an applicant’s occupation. These EB-1 visas fall into three categories of workers:
- Extraordinary ability (EA) – individuals have superior abilities in the field of science, art, education, business, or athletics and can prove those abilities. A permanent job offer is not required in this category. Applicants may apply by filing a Form I-140, Petition for Alien Worker.
- Outstanding internationally recognized professor and researcher (OPR) – highly-acknowledged scholars, or scientists who are offered a permanent position. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers. No labor certification is required. The employer must file a Form I-140, Petition for Alien Worker.
- Multinational executives and managers (MEM) – Executives, or managers of multinational companies who are starting a new office/business in the United States. The other option is being an executive, or manager who is being transferred to the United States by a reputable international company and offer a permanent position. The employer must file USCIS Form I-140, Petition for Alien Worker and must be a U.S. employer and intend to employ the employee in a managerial, or executive capacity. The petitioner must have been doing business in the U.S. for at least 1 year as a legal entity with a qualifying working relationship where the applicant worked in a managerial, or executive capacity. No labor certification is required.
EB-1 visa lawyers in Atlanta Georgia can work with the U.S. Employer who is filing the petition for the applicant. Applicants under EB-1 Green Cards do not usually have to wait extended periods of time for reviews until they receive a Department of State immigrant visa number. Families of EB-1 Visa Holders, whose petitions are approved, (a spouse and unmarried children under the age of 21) may be eligible to apply for admission to the United States under an E-14, or E-15 immigrant status, and an Atlanta EB-1 visa lawyer can assist with this documentation.
EB-2 visa attorneys assist professional individuals who hold an advanced degree, or the equivalent, and/or who has exceptional abilities.
Advanced degree – the job an applicant applies for must require an advanced degree and the applicant must possess such a degree, or its foreign equivalent.
Exceptional ability – the job requires exceptional ability “meaning a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” Applicants must meet any requirements specified on the labor certification as applicable and three of the criteria listed:
- Official academic record proving degree status, plus relevant exceptional abilities,
- Letters documenting at least 10 years of full-time experience in the referenced occupation,
- A license to practice specific profession, or professional certification,
- Evidence that applicant has commanded a salary that demonstrates exceptional ability,
- Membership in a professional association(s),
- Recognition for achievements and significant contributions to industry, or field by peers, government entities, professional, or business organizations,
- Other comparable evidence of eligibility is also acceptable.
National interest waiver – national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition and must meet three of the criteria listed:
- The proposed endeavor has both substantial merit and national importance,
- Applicant is well positioned to advance the proposed endeavor.
- It would be beneficial to the United States to waive the requirements of a job offer, and the labor certification.
EB-2 visa lawyers in Atlanta will assist families when an I-140 petition is approved, a spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.
Adjustment of visa status.
An adjustment of status (AOS) is the process that an eligible applicant utilizes to gain permanent legal residency in the United States without having to go abroad and apply for an immigrant visa. An Atlanta Georgia employment visa law firm like Kuck Baxter assists individuals confirm their eligibility to adjust status, prepare the paperwork, and otherwise advise clients on the best strategy for obtaining permanent residency if they desire.
Seek legal counsel.
There are specific requirements under each category regarding timelines and the collection of pertinent support documents necessary to obtain an employment visa, or green card for U.S. Citizenship. Because of the complexities surrounding the paperwork, and negative consequences of late, or improperly completed documents, it is very important to hire a Georgia employment visa law firm. The Kuck Baxter Employment Visa Law Firm in Atlanta offers the services of skilled Atlanta immigration lawyers who are familiar with applicable filing timelines, required document collection and current immigration laws.
Atlanta Employment Visa Attorneys
Kuck | Baxter Immigration LLC
365 Northridge Road, Suite 300
Atlanta, GA 30350