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Fairfax, Virginia Employment-Based Immigration Lawyer

Attorney Helping Employers and Employees With Visas and Green Card Applications in Fairfax, VA

Employment-based immigration offers opportunities for talented professionals and other types of workers to contribute to the workforce in the United States. Employers often benefit from the ability to fill positions with qualified candidates from foreign countries, and they can provide sponsorship for certain workers, ensuring that they will be able to continue living and working in the United States on either a temporary or permanent basis. However, addressing concerns related to immigration can be challenging for both employers and foreign workers.

Applying for visas or Green Cards and making sure all requirements are met for employer sponsorship requires thorough preparation and an in-depth understanding of the legal concerns that may affect these cases. At The Estevez Group, PC, we help employees and employers in Fairfax, Virginia address issues related to employment-based immigration. We work with clients to ensure that they can achieve their goals while resolving any concerns that may affect employers or employees.

Employment-Based Green Card Applications

Securing permanent residency through an employment-based Green Card can be crucial for many immigrants. However, this process involves several steps, and both the employer and the employee will need to meet certain legal requirements. The Estevez Group, PC provides guidance at each stage to ensure a smooth process. We can assist with:

  • Assessing Eligibility: Our lawyer will determine the appropriate employment-based Green Card category in a specific situation, such as an EB-1 visa for a person with extraordinary abilities, an EB-2 visa for a professional with an advanced degree, or an EB-3 visa for an employee who is classified as a skilled worker.
  • Preparing Labor Certifications: We can help employers obtain the proper certifications from the Department of Labor, demonstrating that the workforce in the United States will not be negatively affected when the employer hires a foreign worker.
  • Filing Petitions and Supporting Documents: Our attorney will work to draft and submit Form I-140 and other required paperwork, ensuring that all documentation is complete and accurate.

Temporary Work Visa Assistance

Temporary work visas allow foreign workers to enter and be employed in the United States for a specific period of time. In these cases, employers and employees will need to determine the appropriate type of visa and make sure they meet all eligibility requirements. The Estevez Group, PC can assist with:

  • Visa Selection: Our attorney can advise employers and employees on their options, such as H-1B visas, L-1 visas, or O-1 visas based on an employee's qualifications and whether they have worked for international branches of a company.
  • Petition Preparation: We will help to prepare and submit Form I-129 and supporting evidence to USCIS.
  • Labor Condition Applications (LCA): Our lawyer assists employers with filing LCAs to ensure that they comply with wage and labor standards.

Ensuring Employer Compliance

Employers play a significant role in employment-based immigration, and they must meet strict legal requirements to ensure that they can provide sponsorship for employees. The Estevez Group, PC can address concerns related to employer compliance, including:

  • I-9 Verifications: Our lawyer can help ensure that employers complete the required verification of employees' work eligibility while retaining all required documentation.
  • Compliance with Wage and Labor Laws: We can assist with prevailing wage determinations and certifications to demonstrate that an employer has met all Department of Labor standards.
  • Immigration Records: We can help employers keep accurate records of petitions, LCAs, and other documentation.

Appeals and Motions for Denied Applications

Denials of employment-based immigration applications can create significant challenges for workers and employers. However, options such as appeals, motions to reopen, or motions to reconsider may be available to respond to denials and determine whether unfavorable decisions can be reversed. In these cases, The Estevez Group, PC can assist with:

  • Case Evaluation: Our attorney will review the reasons for denial and identify the best course of action.
  • Filing Appeals: We will work with employers and employees to submit notices of appeal to the Administrative Appeals Office (AAO).
  • Preparing Motions: When appropriate, our lawyer will prepare and file motions to reopen or reconsider cases based on new evidence or misapplications of the law.
  • Providing Evidence and Briefs: We will make sure all required documentation is submitted, and if necessary, our attorney will prepare and submit briefs that provide arguments detailing why a denial was incorrect.

Contact Our Fairfax Employment-Based Immigration Attorney

If you are an employer who plans to provide sponsorship for a visa or Green Card to a foreign employee, or if you are an immigrant who is looking to make the most of career opportunities in the United States, The Estevez Group, PC is ready to help you address your legal concerns. From Green Card applications to temporary work visas and appeals, we will provide the guidance and legal representation you need to achieve your goals. Contact our office at 703-829-5179 to set up a free consultation.

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