Nonimmigrant Employment Visas

Do you have a foreign degree or possess foreign talent? You may be able to obtain an employment based visa!

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Pricing

5 payments of $600

Or flat rate $3,000

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* Our representation includes the preparation and filing of all necessary applications and documents for your employment based visa. We will also personally prepare you for your visa interview.

Overview

We are a national law firm with clients all over the world. Whether you are a business seeking to hire foreign workers or an individual seeking temporary employment or permanent residence, our attorneys will help make the employment-based process as smooth as possible. At Higbee & Associates, you can be rest assured that our attorneys are knowledgeable, attentive, and efficient. We treat every case with the highest level of professionalism and regard. Call us today for personable, comprehensive business immigration support.

Specialty-Occupations (H-1B)

A limited number of first time H-1Bs are issued each year. They are usually issued in three-year increments, with a standard maximum duration of six years. There are provisions to allow for extensions beyond the six year duration based on an individual being the beneficiary of an employment-based permanent resident (green card) case that meets certain qualifications.

Positions that are generally considered specialty occupations are: accountants, computer programmers, dietitians, graphic designers, industrial designers, journalists, researchers, scientists, teachers, and physicians.

Requirements include a job offer from a US employer that requires a bachelor’s degree or equivalent in a field of specialized knowledge. The prospective employee must possess the minimum of a bachelor’s degree or its equivalent. The employer must pay a salary commensurate with the higher of the prevailing wage rate for persons in that occupation and geographic location, or the actual wage paid by the company for the position.

Treaty Traders (E-1) and Treaty Investors (E-2)

Owners and key employees of businesses that conduct a substantial volume of trade between the US and the home country may qualify as treaty traders (E-1). Where a substantial amount of capital has been invested in the US and jobs have been or will be created for US workers the treaty investor (E-2) category may be appropriate. To qualify, the home country must have a treaty with the US. Some treaties enable only E-1s, or only E-2s, while others provide for both categories.

Intra-Company Transferees (L-1)

The L-1 visa is for an intra-company transferee. To qualify, the transferee must be a person who worked for a company abroad in an executive, managerial, or “specialized knowledge” capacity for at least one continuous year within the three years prior to coming to the US. Further, the company abroad must be related to the US company (parent, subsidiary, affiliate, or branch). The maximum stay is seven years for managers and executives and five years for specialized-knowledge employees.

Trade NAFTA (TN, Canada and Mexico)

The TN category is a potential option for professional citizens of Canada and Mexico. There is no numerical limit or cap on the number of TNs that may be issued. The applicants must possess specific degrees and licenses, appropriate to the particular profession. With the exception of management consultants, all TNs must have job offers from US employers.

TNs may be granted in three-year increments, without any maximum limit. There is no initial filing with the USCIS. The applications are made either at the port of entry for Canadians or at the US consulate for Mexicans.

Temporary Seasonal Workers (H-2B)

The H-2B category is for employment that is purely temporary. The employment must be one-time, seasonal, peak-load, or intermittent. The employer’s need must be for no more than ten months in any year. These visas typically are used in industries such as forestry, seafood processing, resorts, and landscaping. There is an annual limit of 66,000, but some persons who have previously held H-2B status are cap exempt.

The employer must obtain a temporary labor certification from the Department of Labor (DOL). This requires recruitment efforts to attempt to locate qualified US workers. It is possible, and far more efficient, to obtain approvals for multiple beneficiaries on one labor certification and one H-2B petition.

Other Visas

Other temporary, employment-based visas are also available for persons of extraordinary ability in the arts, sciences, education, business, or athletics (O-1/O-2); athletes and entertainers (P); religious workers (R-1); and family members of the aforementioned categories.

Benefits

  • Gain lawful entry into the United States.
  • Have permission to reenter the United States and travel within the country.
  • Benefit from higher wages and other economic standards in the United States.

Eligibility

H1-B Specialty Occupations: To be eligible for one of these visas, the job which you are taking must require a bachelor’s or higher degree, or require skill so complex or unique that it can only be performed by a person with a degree, the employer must normally require a degree or equivalent for the position, or the nature of the job duties must be so specialized or complex that they require someone with a degree.

E-1/E-2 Treaty Traders and Investors: To be eligible for these visas you must be a national of a country with which the United States maintains a treaty of commerce and navigation, and invest a substantial amount of capital in the United States or trade with the United States and your country of origin.

L-1 Intracompany Transferees: To be eligible for this type of visa you must be an executive or manager of a foreign corporation at least one year out of the last three. You must also be transferring to a U.S. affiliate company or organization to act as an executive or manager.

TN NAFTA: To be eligible for a TN visa you must be a citizen of Mexico or Canada, you must be from a qualifying profession, the position you will assume in the United States must require a NAFTA professional, you must have prearranged employment in the U.S., and you must meet the qualifications to practice in your profession.

H2-B Temporary Workers: To be eligible for an H2-B visa, you must be temporarily occupying a position in the United States for which there are not enough U.S. workers who are able, willing, qualified and available to do the temporary work.

Process

The process for each visa can vary. Many nonimmigrant employment based visas have numerical limits and are only available for short periods of time during any given year. It is imperative you speak with an experienced immigration attorney regarding timing and filing deadlines.

Why Choose ImmigrateFast

Why Hire ImmigrateFast.com?

Our immigration attorneys are some of the best. Not only are we experienced and knowledgeable, we are passionate about protecting the rights of immigrants and their families and welcoming new workers!

Immigration law is one of the most complex areas of law. Having ImmigrateFast.com represent you will ensure that your case is handled correctly. Anyone can fill out forms; very few are able to correctly analyze an immigration case. Mistakes can be very costly – you may lose time, money, and the opportunity to live securely with your family.

Our attorneys are completely dedicated to the field of immigration, and that has enabled us to become experts. In fact, we have a reputation for successfully handling very complex cases. We have been successful in thousands of cases and have earned an "A" with the Better Business Bureau.

Some other notable reasons are:

Value. We believe all individuals and companies deserve to receive high-quality representation at an affordable cost. We offer flat-fee pricing with no hidden fees. At Higbee & Associates, you will never be surprised when you see your bill.

Technology. We use the latest legal technologies and resources. We have access to the latest decisions and have connections to industry experts. Furthermore, we have a comprehensive online database where clients can log in to access information on their case detailing every step taken. With Higbee & Associates, you will never be left wondering, “What is my attorney doing?”

Personal Service. We take our clients seriously. We listen to their concerns and advise them accordingly. We answer phone calls and emails promptly. We treat our clients with the highest level of respect and professionalism.

Hire us, and we will get it right the first time!

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Nonimmigrant Employment Visas Our Law Firm Typical Law Firm
Price * $3,000 $5,000
Includes Full Representation Yes No
Flat-Fee Contracts Yes No
Zero Interest Payment Plans Yes No
Price-Match Yes No
24-Hour Case Status Updates Yes No
Specialize in Immigration Yes No
Top-Rated Attorneys Yes No
Award-Winning Customer Service Yes No

* Our representation includes the preparation and filing of all necessary applications and documents for your employment based visa. We will also personally prepare you for your visa interview.

Frequently Asked Questions

Who is eligible for a waiver of the J-1 two year foreign residency requirement?

•Individuals whose departure from the US would impose exceptional hardship to the alien’s lawful permanent resident or US citizen spouse or child may be eligible for a waiver. •Individuals who might be subject to persecution on account of race, religion, or political opinion if returned to the country of nationality or last residence. •An interested United States Government agency or Department of Public Health may request a waiver for the individual. •The foreign country of the alien’s nationality or last residence may furnish a written statement that it has no objection to waiver in the case of the alien.

What is a specialty occupation?

A specialty occupation is an occupation that requires the theoretical and practical application of a body of specialized knowledge and the attainment of a bachelor’s or higher degree in the specific specialty.

Who is subject to the two-year foreign residence requirement?

Section 212(e) of the Immigration and Nationality Act makes certain aliens admitted or given status under the J-1 visa program ineligible to apply for an immigrant visa, lawful permanent residence, or obtain an H or L visa unless the alien returns to the country of nationality or last residence for an aggregate period of at least two years following departure from the US. This provision can create difficulties for many people who participated in the J-1 exchange program and would like to continue living in the United States.

Classes of individuals subject to the two year foreign residence requirement may include:

1.Individuals whose participation in the J-1 program was financed in any part by the United States or the government of the alien’s nationality or last residence; 2.Individuals engaging in a field of specialized knowledge or skill designated as clearly required in the alien’s country of nationality or last residence by the United States Information Agency; or 3.Individuals who came to the US or acquired J-1 status to receive graduate medical training or education.

Read more FAQ about our Nonimmigrant Employment Visas service.