U.S. immigration law provides several pathways for professionals, employees, employers, executives, entrepreneurs, and highly qualified individuals seeking permission to work or pursue permanent residence in the United States.
Rise Immigration Law assists with employment-based immigration strategy, temporary work visas, permanent residence, employer sponsorship, changes in employment, and related immigration planning for professionals and businesses.
Employment-Based Immigration Options
The appropriate employment immigration strategy depends on the individual’s qualifications, occupation, nationality, employer or business relationship, immigration history, timing, and long-term goals. Some classifications provide temporary nonimmigrant status, while others can lead to lawful permanent residence.
Temporary Work Visa Options
U.S. immigration law includes multiple temporary employment classifications. Depending on the circumstances, these may include H-1B specialty occupation status, L-1 status for qualifying intracompany transferees, O-1 status for individuals with extraordinary ability or achievement, treaty-based classifications, TN status for certain Canadian and Mexican professionals, and other employment categories.
Each classification has its own eligibility rules, employer requirements, permitted activities, duration, and filing procedures. A visa category that works well for one professional or business may be inappropriate for another.
H-1B Specialty Occupation Cases
H-1B classification is commonly used for qualifying specialty occupations that require highly specialized knowledge and an appropriate educational background. Employer sponsorship and compliance requirements generally apply, and some H-1B petitions are subject to annual numerical limitations and registration procedures.
L-1 Intracompany Transfers
L-1 classification may be available for certain executives, managers, or employees with specialized knowledge transferring between qualifying related organizations. These cases can be particularly relevant to international companies establishing, expanding, or managing U.S. operations.
O-1 Extraordinary Ability
O-1 classification may be available to qualifying individuals who can demonstrate extraordinary ability or achievement in a relevant field. Eligibility depends on the applicable regulatory criteria and the evidence establishing sustained distinction or achievement.
Employment-Based Green Cards
Employment-based permanent residence may be available to certain executives, managers, professionals, individuals with advanced degrees, people of extraordinary ability, skilled workers, and other qualifying applicants. The appropriate preference category depends on the individual’s credentials and the nature of the proposed employment or endeavor.
Some employment-based green card cases require employer sponsorship and labor certification, while other categories may permit different procedures or self-petitioning.
EB-1 and EB-2 Immigration
EB-1 classification may apply to certain individuals of extraordinary ability, outstanding professors or researchers, and qualifying multinational executives or managers. EB-2 classification generally includes certain professionals with advanced degrees and individuals of exceptional ability.
National Interest Waivers
Certain individuals who qualify for EB-2 classification may seek a national interest waiver. When the legal requirements are met, the job-offer and labor-certification requirements may be waived, allowing the individual to self-petition.
Changing Employers or Employment Terms
A change in employer, job duties, work location, compensation, ownership, or business structure can affect immigration status or an existing petition. Foreign nationals and employers should consider immigration consequences before making significant employment changes when possible.
Entrepreneurs, Founders, and Business Owners
Entrepreneurs and founders may have employment-based options depending on their qualifications, proposed endeavor, business structure, investment, and relationship to the U.S. enterprise. See our discussion of investor and entrepreneur immigration.
Employment Immigration and Permanent Residence
Temporary work status and permanent residence are separate immigration concepts. A professional may initially work in the United States in a temporary classification and later pursue a green card through an employment-based or other qualifying category.
When permanent residence becomes available from within the United States, the final step may involve adjustment of status. Applicants completing immigrant visa processing abroad may instead use consular processing.
Cross-Border Tax and Business Considerations
International professionals, executives, founders, and business owners may also have foreign income, equity compensation, businesses, retirement accounts, investments, or other assets outside the United States. Immigration strategy can therefore overlap with international tax and cross-border planning.
Speak With an Employment Immigration Lawyer
Rise Immigration Law provides individualized guidance for professionals, employers, executives, entrepreneurs, and other individuals evaluating temporary work authorization or employment-based permanent residence in the United States.
Schedule an Employment Immigration Consultation
Discuss your qualifications, employment relationship, immigration history, and long-term goals directly with an attorney.
Call (303) 626-7000 to schedule an immigration consultation.