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Immigration: Employment-based immigration

Employment-Based Immigration

Our New Jersey Immigration Lawyers Represent Foreign Nationals and U.S. Employers in All Employment-Related Immigration Matters

For foreign nationals and U.S.-based companies seeking to hiring non-U.S. citizens in New Jersey, dealing with the federal immigration system presents a number of challenges. As a non-U.S. citizen, what type of visa do you need in order to work in the United States? Can you obtain a visa that also puts you on the path to becoming a lawful permanent resident (and ultimately a U.S. citizen)? As an employer, what do you need to do before hiring a foreign national, and what are the risks of non-compliance? These are all important questions that an experienced New Jersey immigration lawyer can help you answer.

At Helmer, Conley and Kasselman, P.A., our immigration lawyers represent foreign nationals and domestic companies in employment-related immigration matters throughout New Jersey. If you are moving to the United States to work, or if you are currently in the U.S. and need legal advice regarding your visa status, our attorneys can explain everything you need to know and guide you through the process of obtaining a visa, renewing your visa or obtaining an adjustment of status. If you are a New Jersey-based employer, we can assist you with obtaining labor certifications from the U.S. Secretary of Labor, and we can help you ensure that all of your employees are fully documented and authorized to work in the United States.

Immigration Services for Foreign Nationals Seeking to Work in New Jersey

If you are a foreign national and you are seeking to work in New Jersey, the first step is to apply for an appropriate visa from U.S. Citizenship and Immigration Services (USCIS). There are several different employment-based visas, each with its own eligibility criteria, requirements and terms of employment. These employment-based visas broadly fall into two categories: temporary and permanent. However, some can also be used as dual-intent visas for individuals who wish to work in the U.S. temporarily without jeopardizing their eligibility to apply for a green card in the future.

Our New Jersey immigration lawyers assist non-U.S. citizens with applying for all types of employment-based visas, including:

Temporary Employment Visas

  • E-1 Treaty Traders
  • E-2 Treaty Investors
  • E-3 Certain Specialty Occupation Professionals from Australia
  • H-1B Specialty Occupations and Fashion Models
  • H-1C Registered Nurse
  • H-2A Agricultural Workers
  • H-2B Non-Agricultural Workers
  • H-3 Nonimmigrant Trainee
  • I Representatives of Foreign Media
  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
  • O-1 Individuals with Extraordinary Ability or Achievement
  • P-1A Internationally Recognized Athlete
  • P-1B Member of Internationally Recognized Entertainment Group
  • P-2 Performer or Group Performing under Reciprocal Exchange Program
  • P-3 Artist or Entertainer Part of a Culturally Unique Program
  • Q Cultural Exchange
  • R-1 Temporary Religious Workers
  • TN NAFTA Professionals

Permanent Employment Visas

  • EB-1 Employment-Based Immigration: First Preference
  • EB-2 Employment-Based Immigration: Second Preference
  • EB-3 Employment-Based Immigration: Third Preference
  • EB-4 Employment-Based Immigration: Fourth Preference
  • EB-5 Employment-Based Immigration: Fifth Preference

From accurately completing Form I-129, Petition for Nonimmigrant Worker, when seeking temporary employment to demonstrating extraordinary ability when applying for a permanent EB-1 visa, there are numerous complexities involved in securing the privilege to reside in the United States for purposes of employment. Our immigration lawyers can help you every step of the way, from choosing the right type of visa and submitting the necessary documentation to USCIS to applying for a green card and, eventually, naturalization.

If you are a student at a New Jersey college or university, or if you are planning to enroll in school and work during your studies, you may need an academic or vocational student visa. In addition to the visas listed above, our immigration lawyers also help non-U.S. students and their family members apply for visas including:

  • F-1 Academic students
  • F-2 Spouses and children of F-1 visa holders
  • M-1 Vocational students
  • M-2 Spouses and children of M1 visa holders

Immigration Services for New Jersey Businesses Seeking to Hire Foreign Nationals

New Jersey has a large population of foreign nationals, and many companies in the state may find it advantageous, or even necessary, to open their job opportunities to non-U.S. citizens. While hiring a foreign national who is already a lawful permanent resident is a fairly straightforward process (although you must comply with USCIS’s employment verification requirements), the process of hiring a non-resident foreign national starts with filing a petition (or “sponsoring”) your prospective employee and obtaining an appropriate labor certification. Among other requirements, for permanent workers, this involves, “verifying that there are an insufficient number of available, qualified, and willing U.S. workers

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