Helping You Obtain Employment-Based Immigration Visas

While obtaining a work visa in the United States is difficult, there are exceptions for highly skilled/or educated foreign works or those who have job offers that may make immigrating to the U.S. easier. With our expert immigration lawyers at Berger, Berger & Sobieski, our team will help you and your employee obtain an employment-based immigration visa. Based out of Buffalo, NY, our team proudly serves the entire country, but primarily all of Western New York and the Rochester area with our immigration services.

Green Card Through Labor Certification

The procedure to obtain a Green Card through labor certification is a multi-stage process, which includes an application to the U.S. Department of Labor (DOL), the filing of a petition for immigrant worker with U.S Citizenship & Immigration Services (USCIS) and finally, if the applicant is already in the U.S., filing an application to adjust to permanent resident status. If the applicant is outside the U.S., an application for an immigrant visa is filed at a U.S. consulate abroad. Berger, Berger & Sobieski can help you successfully navigate the road ahead in this process.

Stage One: PERM Labor Certification Application

Certification may be obtained in cases where it can be demonstrated that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The starting point in the PERM process is establishing the duties and requirements for the position. Prior to filing an application under the PERM program, employers are required to conduct specific Mandatory Recruitment. Additional Recruitment Steps are required if the application is for a Professional Occupation, as determined by the DOL.

If no qualified and willing applicants (US citizens or Permanent Residents) are found through the recruitment process the PERM Labor Certification Application can be filed.
Step Two: The Immigrant Visa Petition
After the DOL has approved PERM Labor Certification Application, the next step in the process is for the employer to file an immigrant visa petition, Form I-140 (Immigrant Petition for Alien Worker) on behalf of the employee with USCIS.

Supporting evidence must be provided that the applicant meets the particular job requirements specified on the PERM Labor Certification Application, such as:
- Degrees
- Employment History
- Letters from previous employers
The employer’s Financial information must be disclosed to show USCIS that it has the ability and capability of providing wages and employment on a continuing basis by providing at least one of the following documents
- Annual reports
- Federal tax returns
- Audited financial statements
Step Three: The Green Card Application
Once the immigration petition has been approved and if there is no backlog in the visa issuance quota and waiting list, the Green Card application (Form I-485, Application to Adjust Status) can be filed, and is the last step in this process. This can be filed for foreign workers who are currently in the US. This application may be filed concurrently along with the I-140 petition or after filing the I-140 petition. The information and documentation required from the applicant worker includes, but may not be limited to:
- Fingerprints
- Medical exam
- Personal and family biographical information
- Birth certificate
- Marriage certificate
- Personal tax returns
- Copies of prior USCIS activity

Obtaining An L-Visa

Ahis employment-based non-immigrant visa, is available to employees of international companies with offices in both the United States and abroad. The L1 is used to transfer employees to operations in the United States. There are two different types employees may qualify for:

L-1A – Individuals in manager or executive roles.
L-1B – Individuals who have "specialized knowledge"

Obtaining An H-1B visa

This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.

The occupation requires:

Theoretical and practical application of a body of highly specialized knowledge
A bachelor's or higher degree in the specific specialty (or its equivalent) is the normal minimum requirement for the particular position

Obtaining A TN

A TN is a non-immigrant work visa that allows citizens of Canada and Mexico to work in the United States in certain professional occupations. To qualify for a TN applicants must:

Be a Canadian or Mexican citizen
Have a job offer from a U.S. employer in a designated profession
Possess the necessary qualifications for that profession according to the USMCA

Obtaining An E1 Visa

The E1 visa is a non-immigrant visa for foreign nationals from countries that have a treaty of commerce with the United States. This visa allows individuals to enter the U.S. to conduct substantial trade in goods, services, or technology. To qualify, applicants must:

Demonstrate the nationality/ownership of their company
Show that the trade with the U.S. is significant
Prove that they hold a supervisory or executive role in the trading enterprise.

Obtaining An E2 Visa

The E2 visa is designed for investors from treaty countries who wish to invest a substantial amount of capital in a U.S. business. To qualify for this visa, applicants must demonstrate:

The nationality/ownership of the U.S. company

A significant investment into the company has been made
The source of the investment is not through illicit or illegal enterprises
The business is operational
The Applicant possesses the ability to develop and direct the enterprise

Obtaining An O-1 Visa

The O-1 visa is a non-immigrant visa for individuals with extraordinary ability or achievement in their field, such as the arts, sciences, education, business, or athletics. To qualify for an O-1 visa, applicants must demonstrate:

A high level of expertise and recognition in their area, evidenced by awards, publications, or significant contributions to their field.
Provide a written advisory opinion from a relevant peer group or labor organization.

Additional Employment Immigration Services

EB-1 Workers of Multinational Managers & Executives; Outstanding Professors & Researchers and Workers of Extraordinary & Exceptional Ability
EB-2 Workers with Advanced Degrees (Labor Certification) National Interest Waivers, like Physicians, and workers of Exceptional Ability in the Sciences, Arts, or Business
EB-3 Skilled Workers & Professionals, like Nurses and Physical Therapists (Labor Certification)