Employment Immigration Attorney Austin

U.S. immigration law allows American companies and business owners to recruit foreign workers if they are unable to find qualified American workers. At DMCA, or De Mott, Curtright & Armendáriz, LLP, we have experienced employment immigration attorneys in Austin who routinely help clients across the nation and abroad successfully navigate the immigration process to secure employment-based immigration visas.

We help clients seek all types of employment-based immigration visas, including temporary non-immigrant visas and permanent visas (green cards).

Temporary Non-Immigrant Visa

A temporary non-immigrant visa is for foreign workers who intend to work in the United States for a fixed period, after which they must return to their home countries. If the foreign worker is in the United States on another temporary non-immigrant visa, such as an F-1 Student Visa, they can apply to change status to any temporary non-immigrant visa subcategory.

There are many categories under which one can apply, and that is predetermined by the prospective employer, who must specify in their petition under which category they seek to secure the non-immigrant visa for the foreign worker. A skilled Austin employment immigration attorney can help you understand which visa category is best for your situation.

The most common categories for this type of visa are:

• H-1B visas are for individuals who are to work in specialty occupations
• H-2A and H-2B visas for individuals who seek to work as seasonal, peak load, or temporary workers in agriculture (H-2A) or non-agricultural (H-2B)
• L visas are for individuals who are temporarily coming to work as transferees of a company they already work for that intends to have them come and work for their branch or affiliate in the United States in an executive/management capacity or because of their specialized knowledge.

Permanent (Immigrant) Workers

Obtaining permanent residency (or a green card) through employment in the United States is possible for foreign workers with the right combination of education and skills that meet the eligibility criteria.

Most of these employment-based green cards require an offer of employment from a prospective employer who has obtained approval from the U.S. Department of Labor certifying that the employer has been unable to find workers with the same skills in the United States. This is known as labor certification. Our Austin employment immigration attorneys assist companies with this complex process.

There are five types of employment-based visas, and the top 3 are as follows:

First Preference Category (EB-1)

EB-1 is for individuals with “extraordinary ability” such as academics, researchers, scientists, top athletes, and artists. No labor certification is required for this category.

Second Preference (EB-2)

EB-2 is for professionals who hold an advanced degree or foreign equivalent, who can demonstrate at least ten years of experience in a field, or whose employment is in the national interest of the United States. Labor certification is required.

Third Preference (EB-3)

EB-3 is for individuals who have a bachelor’s degree or foreign equivalent, as well as for skilled and unskilled workers who have an offer of employment that is not temporary from a U.S. employer. Labor certification is required for this category as well.

In all these categories, qualified family members, such as spouses and children, can migrate with the foreign worker who is approved for the green card.

Consult with Employment Immigration Attorneys in Austin

For more information about employment-based immigration, contact DMCA today for a consultation. We handle all types of employment-based immigration matters for clients across Texas and beyond.