Employment-Based Permanent Residence in the U.S.
If you intend to hire a resident of another country for a permanent position in your company, you must make sure that this person is a legal resident with the right to work in the United States. As an employer, you can help a potential candidate to become a permanent resident. Applicants for a green card or permanent residence are assigned the status of a certain priority group based on the qualifications required for a specific job or the expertise or special abilities of a particular person.
This may take a fair amount of time for some groups to obtain permanent residence through employment. For employers, it is important to understand that the process of obtaining a green card is long and can be fraught with some difficulties. You can avoid many issues and pitfalls associated with obtaining a permanent residence if you turn to an experienced Houston immigration attorney.
The Rahgozar Law Firm is here to represent you every step of the way in helping your foreign employee secure a a green card to stay in the United States. Ms. Pegah Rahgozar is a Houston immigration lawyer who can assist you with issues relating to ensuring your foreign employee obtain a green card, stay and work in the United States. Ms. Pegah Rahgozar and her team will find the best solution that works for you, your company and your foreign employee.
From initial determination of you and your company’s best options through obtaining your foreign employee’s green card, Pegah Rahgozar will assist you and your company and be the advocate you need by your side.
Pegah Rahgozar represents individuals and companies in Houston, and surrounding areas, as well as across the great state of Texas. If your company is outside of Texas or the United States, Pegah Rahgozar can represent you too! We have taken cases and represented companies and foreign nationals from all over the United States and across the world.
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Permanent Employment Immigration Lawyer in Houston
For many years, Pegah Rahgozar, a permanent residence Houston green card lawyer, has been helping businesses in Houston go through the process of obtaining employment-based green cards for their foreign employees. A thorough knowledge of immigration law allows her to find solutions for the most sensitive immigration matters.
Pegah Rahgozar is ready to lend a helping hand to any company, from a large corporation to a small family business. She assists employers based in the Greater Houston area such as the Energy Corridor, Greenway Plaza, The Woodlands, the Galleria Area, Clear Lake, Sugar Land, and other locations.
If you have any issues with the paperwork for a residence permit for your employees, feel free to call Houston Immigration Pegah Rahgozar at (832) 792-3636 and make an appointment.
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When Permanent Visas through Employment in Houston is Required
In some cases, a nonimmigrant or temporary worker visa is sufficient for a foreign employee to stay in the United States. Normally, these types of visas are obtained if you need an employee for a temporary position or for a specific project, even if such a project will be implemented within a few years.
If you want to hire a foreign national for a permanent position or for an indefinite period, you must apply for an immigration visa to obtain a residence permit for the purpose of employment.
It is important that immigration documents of your foreign employee coincide with the nature of the work you provide. Thus, if your employee arrives in the country with a temporary worker visa and the U.S. Customs and Border Protection (CBP) has a reason to believe that this person intends to stay permanently, he/she may be denied entry. One of the reasons for refusing entry can be the lack of strong ties with the home country.
Nevertheless, if there is a dual-intent visa, a person can enter the United States with a non-immigrant visa and have the right to work while attaining permanent resident status. Such dual-intent visas can be a solution for employers who urgently need an employee but have no time to wait until a green card is issued. The dual-intent visa can be obtained for certain types of temporary worker visas, for example, H-1B (non-immigrant skilled employment visa) and L-1 (non-immigrant visa for intracompany transferees).
If a person holds a nonimmigrant visa and a company intends to hire him/her for a permanent position, an employer can request an adjustment of status (AOS). This procedure allows changing the immigration status of an employee from nonimmigrant to immigrant.
If you are seeking assistance when applying for an employment visa, Houston Green Card Lawyer will help find a solution for your particular case. We will analyze your situation and offer the most suitable options.
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Priority Groups for Employment-Based Visas
In accordance with the US immigration law for foreign workers, there are several ways to enter the country on a permanent basis. In the case of employment immigration, a person is allowed to stay in the United States continuously and receive a permanent residence permit or a green card. This status enables its owners to live and work in the United States without time restrictions, and also apply for US citizenship after five years.
Individuals wishing to obtain a permanent residence for the purpose employment are divided into 5 priority groups based on the qualifications of the work and, in some cases, on the professional qualities of the applicants themselves:
EB-1 – Priority Workers
An EB-1 visa is issued to people with extraordinary abilities (scientists, filmmakers, actors, writers, artists, athletes, and world-famous entrepreneurs). Comprehensive documentary evidence of the significance and recognition of applicants within their field of expertise is required. Also, this visa is provided for professors and researchers of world renown. This visa may be requested by professionals with at least 3 years of experience in teaching or internationally recognized research.
EB-2 – Professionals with Advanced Degrees, or Persons with Exceptional Ability
An EB-2 applicant must have a university degree from the United States or the equivalent from abroad with a bachelor’s degree or above and a minimum of 5 years of professional experience. Or, a foreign citizen must prove outstanding ability in science, art, or business. Outstanding abilities “mean that the expert level of a foreign citizen is significantly higher than the ordinary level in the field of science, art, or business.”
EB-3 – Skilled Workers, Professionals, and Unskilled Workers
Employees with a bachelor’s degree and less than five years of work experience, people with a certain work experience but no educational degree, as well as people who do not fall into other categories of immigration visas, can apply for the EB-3 visa.
EB-4 – Certain Special Immigrants
To qualify for the EB-4 visa, an applicant must belong to certain categories of workers, for example, religious ministers, broadcasters, employees of international organizations, as well as people who have collaborated with the US government in certain areas of activity.
EB-5 – Investors
This type of a visa is designed for individuals who invested at least $1 million in a new commercial enterprise, such as a corporation, partnership, holding, cooperative, or other type of enterprise, or at least $500,000 in a Targeted Employment Area, i.e. in rural areas or regions with high unemployment rates.
The waiting time for a visa varies greatly by category. While the EB-1, EB-4 and EB-5 visas may not have waiting lists at all, other groups may wait for a green card for decades.
Additionally, each country is doled out a certain number of visas. Immigration attorney in Houston will help you correctly determine which of visa categories your employee is qualified for and can estimate the possible waiting time.
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Legal Aid with Employment-Based Immigration for Texas Employers
If your business is based in Houston and you are willing to hire a foreign employee for a permanent position, professional legal assistance is the key to success in obtaining the desired Green Card.
With profound knowledge of immigration law and years of experience in the field, Pegah Rahgozar is able to provide top-notch aid to a wide range of employers in the Great Houston area. Don’t hesitate to call Pegah Rahgozar Houston immigration attorney at (832) 792-3636 and talk to the best immigration attorney for a green card.