Fairfax, VA Employment-Based Green Card Attorney

Lawyer Helping Employers and Employees Apply for Green Cards in Fairfax

Securing an employment-based Green Card can open new opportunities for skilled professionals, entrepreneurs, and workers who wish to build their futures in the United States. At The Estevez Group, PC, we assist clients in Fairfax, VA with employment-based immigration. From identifying the most suitable visa category to addressing challenges in the application process, we are dedicated to helping our clients achieve their immigration goals.

How The Estevez Group, PC Can Assist With Employment-Based Green Card Applications

The process of obtaining a Green Card through employment in the United States involves several steps. During this process, The Estevez Group, PC can assist with:

• Assessment of Eligibility: We review an employee's background, qualifications, and goals to determine the best employment-based visa category for their situation.
• Employer Sponsorship Support: For visa categories requiring employer sponsorship, we assist employers with the necessary paperwork, such as labor certification applications.
• Problem Resolution: If issues arise during the application process, such as requests for additional evidence or denials of employment-based applications, we can help determine the best ways to address and resolve these concerns.

Types of Employment-Based Green Cards

The U.S. immigration system has five categories of employment-based immigrant visas that are issued according to an order of preference. Immigrants may be eligible for visas based on their qualifications, job roles, and employer sponsorship.

EB-1: First Preference

The EB-1 visa is for immigrants who have extraordinary abilities. Subcategories include:

• Extraordinary Ability: Requires evidence of exceptional achievements in fields such as science, arts, education, or athletics.
• Outstanding Professors or Researchers: Must demonstrate that they are internationally recognized in their field and meet specific employment requirements.
• Multinational Managers or Executives: Applicants must have for their employer for at least one year during the past three years in a country other than the United States.

EB-2: Second Preference

The EB-2 visa is available to immigrants who hold advanced degrees or who have abilities in their fields that are above average. This category also includes those who qualify for a National Interest Waiver (NIW), which may allow an applicant to bypass the labor certification process if their work benefits the United States significantly.

EB-3: Third Preference

This visa category includes skilled workers, professionals, and other workers. Key requirements include:

• Skilled Workers: Requires at least two years of training or experience in a job that is not seasonal or temporary in nature.
• Professionals: Requires at least a bachelor's degree or its equivalent.
• Other Workers: Includes positions requiring less than two years of experience or training.

EB-4: Fourth Preference

The EB-4 visa is designated for special immigrant categories, such as religious workers, certain broadcasters, members of the U.S. Armed Forces, and Special Immigrant Juveniles.

EB-5: Fifth Preference

The EB-5 visa is for investors who make a substantial financial investment in a U.S. business that creates or preserves jobs for American workers. Minimum investment thresholds must be met, and projects are subject to rigorous oversight.

Requirements for Employment-Based Green Card Approval

To receive approval for an employment-based visa, applicants must meet specific eligibility criteria. General requirements include:

• Employer Sponsorship: Most employment-based visas require a U.S. employer to sponsor the foreign worker. The employer must demonstrate a genuine need for the position and ensure that hiring a foreign employee will not negatively affect U.S. workers.
• Labor Certification (PERM): For certain categories, the employer must obtain certification from the U.S. Department of Labor, verifying that there are no qualified U.S. workers available for the job.
• Documentation of Qualifications: Applicants must provide evidence of their qualifications, such as degrees, professional achievements, and experience.
• Adherence to Visa Caps: Many employment-based visa categories are subject to annual numerical limits, which may result in delays due to backlogs. Each visa category has its own annual limits, and the number of people who may be approved for visas from each country will also have its own annual limit.

Challenges in the Employment-Based Green Card Process

Applying for an employment-based Green Card can involve several challenges, including:

• Requests for Evidence (RFEs): USCIS may request additional documentation or clarification of the information provided by an applicant or sponsoring employer. Responding promptly and comprehensively is essential to avoid delays.
• Denials: Applications may be denied due to errors in documentation, failure to meet eligibility requirements, or issues with employer sponsorship.
• Visa Backlogs: Certain categories experience significant delays due to annual caps and high demand.
• Complex Cases: Situations involving self-petitioning, National Interest Waivers, or eligibility disputes may require legal help to resolve.

Contact Our Fairfax, Virginia Green Card Lawyer for Employees

If you planning to apply for an employment-based Green Card, or if you are an employer who wishes to sponsor an employee for an immigrant visa, The Estevez Group, PC can assist with the application process and help address any issues that may arise. Whether you are a skilled professional, investor, or employer navigating the Green Card process, our attorney can provide comprehensive legal support. Contact us by calling 703-829-5179 and scheduling a free consultation.