EMPLOYMENT & BUSINESS BASED IMMIGRATION

Whether seeking to hire temporary or hire permanent workers for your company in the United States, employers have the responsibility of verifying that individuals they employ are authorized to accept employment in the United States. Prospective employers must file the appropriate immigrant or non-immigrant petition on behalf of their potential employee in order for the individual to enter the United States lawfully for the purpose of employment.  During the application process, the employer is considered the sponsor or petitioner and the foreign national applying for employment is the beneficiary of the petition submitted by the employer.  The Atherley Law Firm is here to help you navigate the complex path of employment and business immigration, and provide you with the support you need to ensure your business is a success.

BUSINESS IMMIGRATION OVERVIEW

The immigration process in general is complicated, but the immigration process related to employment adds a layer of complexity by the nature of the rules, laws, requirements, and conditions surrounding the already challenging process.

Many foreign workers legally enter the United States yearly in different employment categories. These include temporary workers, permanent worker, student visitors seeking employment, exchange visitors seeking employment, and temporary visitors for business. Each category for admission has different requirements. Within the various employment categories, the terms of each application have specific conditions and authorized lengths of time designated for each employment applicant.  A violation of terms and specific conditions may result in denial of re-entry into or removal from the United States.

Individuals admitted in work-related non-immigrant classifications may already have work authorization as a direct result of their immigration status.  Those that have been admitted as permanent residents or granted refugee or asylum status may already have existing work authorization in place as well.  However, most others will be required to apply individually for work authorization. A skilled Orlando attorney at Atherley Law Firm can assist you in the process of filing and obtaining employment based visas for your employees so that you can focus on the growth of your business.

EMPLOYMENT IMMIGRATION CATEGORIES

  • PERMANENT IMMIGRANT WORKER:

Individuals authorized to live and work permanently in the U.S. are considered permanent workers.

  • STUDENT VISITOR EMPLOYMENT:

Under certain circumstances, student visitors will be permitted to work in the United States.  This is contingent on approval from an authorized official referred to as a Designed School Official at the school or institution they attend.

  • EXCHANGE VISITOR EMPLOYMENT:

Exchange visitors may be allowed to work in the United States if permission is obtained from what is known as the Responsible Officer (RO) at the sponsoring agency. Employment is authorized for exchange visitors only under the terms of the exchange program.

  • TEMPORARY VISITORS FOR BUSINESS:

A temporary business visitor visa is required to visit the United States for business purposes.  An exception is made if the visiting individual qualifies for admission without a visa under the Visa Waiver Program.

  • TEMPORARY NON-IMMIGRANT WORKER:

Individuals seeking to enter the United States temporarily for a temporary period of time and specific purpose related to employment are called temporary non-immigrant workers. These individual are restricted to their visa’s specific purpose while in the United States.

OUR EMPLOYER & BUSINESS SERVICES:

PERMANENT WORKERS

  • FIRST PREFERENCE EMPLOYMENT – EB-1
  • SECOND PREFERENCE EMPLOYMENT – EB-2
  • SECOND PREFERENCE EMPLOYMENT WITH NATIONAL INTEREST WAIVER – EB-2
  • THIRD PREFERENCE EMPLOYMENT – EB-3
  • FOURTH PREFERENCE EMPLOYMENT – EB-4
  • FIFTH PREFERENCE EMPLOYMENT – EB-5

STUDENTS VISITORS & EMPLOYMENT

  • F-1 STUDENT VISA
  • M-1 STUDENT VISA

EXCHANGE VISITORS & EMPLOYMENT

  • J-1 VISA
  • CONRAD 30 WAIVER PROGRAM – J-1 MEDICAL STATUS

TEMPORARY VISITORS FOR BUSINESS

  • B-1 – TEMPORARY BUSINESS VISITOR
  • GB – TEMPORARY BUSINESS VISITOR TO GUAM
  • WB – TEMPORARY BUSINESS VISITOR UNDER VISA WAIVER PROGRAM

TEMPORARY WORKERS

  • E-1 TREATY TRADERS
  • E-2 TREATY INVESTOR
  • E-2 CNMI INVESTOR
  • E-3 CERTAIN SPECIALTY OCCUPATION PROFESSIONAL FROM AUSTRAILIA
  • H-1B SPECIALTY OCCUPATION AND FASHION MODELS
  • H-1C REGISTERED NURSE
  • H-2A AGRICULTURAL WORKERS
  • H-2B NON-AGRICULTURAL WORKERS
  • H-3 NONIMMIGRANT TRAINEE
  • I REPRESENTATIVES OF FOREIGN MEDIA
  • L-1A INTRA-COMPANY TRANSFEREE EXECUTIVE OR MANAGER
  • L-1B INTRA-COMPANY TRANSFEREE SPECIALIZED KNOWLEDGE
  • O-1 INDIVIDUALS WITH EXTRAORDINARY ABILITY OR ACHIEVEMENT
  • P-1A INTERNATIONALLY RECOGNIZED ATHLETE
  • P-1B MEMBER OF INTERNATIONALLY RECOGNIZED ENTERTAINMENT GROUP
  • P-2 PERFORMER OR GROUP PERFORMING UNDER RECIPROCAL EXCHANGE PROGRAM
  • P-3 ARTIST OR ENTERTAINER PART OF A CULTURALLY UNIQUE PROGRAM
  • Q CULTURAL EXCHANGE
  • R-1 TEMPORARY RELIGIOUS WORKERS
  • TN NAFTA PROFESSIONALS

SPEAK WITH AN ORLANDO IMMIGRATION ATTORNEY

A skilled Orlando attorney at Atherley Law Firm can assist you in the process of filing and obtaining employment based visa for your employees. We review your employment immigration case and recommend the most appropriate course of action to achieve your company’s goals.  Our office is located in downtown Orlando, and we are proud to serve immigration business clients in Orange County, Osceola County and the surrounding areas. For a free initial consultation, call us today at (407) 459-7046, contact us online, or schedule your own consultation.

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