Metro Atlanta Employment Immigration Attorneys
Serving Clients Nationwide
Building Careers and Opportunities in the United States
The United States offers a variety of immigration pathways for foreign nationals seeking to work, build careers, and contribute their skills to American businesses and organizations. For employers, the immigration system can also provide opportunities to recruit and retain talented professionals when the right candidates are difficult to find domestically. At Bair Wilson Sharma LLC, our employment-based immigration attorneys help individuals, professionals, entrepreneurs, and employers understand the immigration options that may be available based on their circumstances and goals.
Employment-based immigration encompasses both temporary work visas and pathways to lawful permanent residence. The appropriate strategy can depend on a person's education, occupation, professional accomplishments, employment offer, country of citizenship, and long-term plans. For employers, factors such as the position being offered, business needs, and applicable sponsorship requirements may also affect the process.
Temporary employment classifications may allow qualifying foreign nationals to work in the United States for a specific employer or under particular conditions. Depending on eligibility, options can include classifications for professionals in specialty occupations, individuals with extraordinary ability, intracompany transferees, treaty investors and traders, and other qualifying workers.
Employment-based permanent residence offers another potential pathway. Federal immigration law divides employment-based immigrant visas into several preference categories, commonly known as EB-1, EB-2, EB-3, EB-4, and EB-5. Each category has its own requirements and is intended for different types of applicants, ranging from individuals with extraordinary ability and advanced-degree professionals to skilled workers, certain special immigrants, and qualifying investors.
Our lawyers evaluate each client's background and objectives to identify potential immigration strategies rather than assuming that one visa or employment category is appropriate for everyone.
Call Bair Wilson Sharma LLC at 678-250-6095 to schedule a consultation with a lawyer today.
Navigating Visas, Sponsorship and Permanent Residence
Employment-based immigration often involves multiple government agencies and several stages of review. Depending on the immigration category, a case may involve U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of Labor (DOL), and the U.S. Department of State.
Some employment-based green card cases require an employer to complete the PERM labor certification process before filing an immigrant petition. Generally, this process requires the employer to demonstrate that it has tested the U.S. labor market in accordance with federal requirements and that there are no sufficient qualified, willing, and available U.S. workers for the offered position at the required wage.
Not every employment-based immigration category requires labor certification or even a traditional employer sponsor. Certain individuals with extraordinary ability may be able to pursue immigration benefits based on their accomplishments. Some applicants seeking classification in the EB-2 category may qualify for a National Interest Waiver (NIW), which can allow eligible individuals to request that the job offer and labor certification requirements be waived when their proposed work satisfies applicable standards and is considered beneficial to the United States.
Visa availability is another important consideration for permanent residence. Employment-based immigrant visas are subject to annual numerical limitations, and waiting periods can vary based on the applicant's preference category and country of chargeability. The Department of State's Visa Bulletin helps determine when applicants may move forward with certain stages of the permanent residence process.
Our attorneys help clients understand these requirements, prepare petitions and supporting documentation, respond to government requests, and address potential issues throughout the process. Careful planning can be particularly important for individuals who are changing employers, approaching the expiration of their current status, or considering a long-term transition from temporary employment to permanent residence.
Strategic Immigration Guidance for Professionals and Employers
Employment-based immigration decisions can have consequences far beyond an application. For a professional, immigration status may determine whether they can accept a position, continue working, change employers, or build a permanent future in the United States. For a business, delays or complications can affect recruiting, staffing, operations, and the ability to retain valuable employees.
At Bair Wilson Sharma LLC, our attorneys take a personalized and hands-on approach to employment-based immigration. We begin by understanding the individual's professional background or the employer's workforce needs. From there, we evaluate potential immigration classifications, explain the requirements involved, and develop a strategy based on the specific circumstances.
Documentation is often a significant part of these cases. Depending on the immigration category, applicants may need to provide educational credentials, employment records, evidence of professional achievements, information regarding the offered position, business documentation, or other supporting materials. Strong preparation can help present a clear and organized case to the appropriate government agency.
Our lawyers can also assist when complications arise, including Requests for Evidence (RFEs), questions regarding eligibility, changes in employment circumstances, or concerns about maintaining lawful immigration status. When long-term permanent residence is the goal, we can help clients consider how their current immigration status may fit into a broader immigration strategy.
Communication is an important part of our approach. Clients are not simply passed from person to person without understanding what is happening with their case. Our attorneys provide direct guidance and keep clients informed throughout the immigration process. We also offer multilingual legal services in English, Spanish, French, Ukrainian, and Russian, allowing many clients to discuss important immigration and career decisions in the language they are most comfortable speaking.
We proudly assist individuals, professionals, and employers throughout the Metro Atlanta Area with employment-based immigration matters. Whether you are seeking authorization to work in the United States, sponsoring a valuable employee, exploring an employment-based green card, or determining which immigration pathway may support your professional future, our attorneys are ready to help you understand your options and move forward with confidence.
Employment-Based Immigration FAQs
What types of employment-based visas are available?
The appropriate visa depends on the individual's qualifications, occupation, employer, and circumstances. Potential options may include classifications for specialty occupation professionals, intracompany transferees, individuals with extraordinary ability, treaty investors or traders, and other qualifying workers.
What are the employment-based green card categories?
Employment-based immigrant visas are generally divided into five preference categories: EB-1, EB-2, EB-3, EB-4, and EB-5. Each category has different eligibility requirements based on factors such as professional qualifications, occupation, achievements, or investment.
Does my employer have to sponsor me?
Not always. Many employment-based immigration options require employer sponsorship, but certain categories may allow qualifying individuals to petition on their own. For example, some EB-1 applicants and individuals who qualify for an EB-2 National Interest Waiver may be able to self-petition.
What is PERM labor certification?
PERM is a Department of Labor process required for many employment-based permanent residence cases. It generally requires an employer to complete specific recruitment steps and demonstrate that there are no sufficient qualified, willing, and available U.S. workers for the offered position under the applicable requirements.
Can I change employers while going through the immigration process?
Possibly, but changing employers can affect certain employment-based cases. The consequences depend on your current immigration status, the type and stage of your case, and other circumstances. It is important to understand the immigration implications before making an employment change.
Can employment-based immigration lead to a green card?
Yes. Several employment-based categories provide pathways to lawful permanent residence. Eligibility and waiting periods depend on factors such as the employment category, visa availability, and the applicant's circumstances.
How long does the employment-based immigration process take?
Processing times vary considerably depending on the immigration classification, whether labor certification is required, government processing times, visa availability, and the applicant's country of chargeability.
Have Questions About Your Immigration Options?
Immigration matters can be complex, but you don’t have to navigate the process alone. Contact Bair Wilson Sharma LLC for clear guidance and personalized representation. Our multilingual attorneys serve clients in English, Spanish, French, Ukrainian, and Russian.
Call 678-250-6095 today to speak with one of our immigration attorneys.