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Professionals such as Physicians or others whose job requires an advanced degree.  The employer must follow several steps through the Department of Labor and USCIS in order to obtain approval for the foreign employee.  The process is about 2-3 years to obtain the green card.  However, if the applicant is from China or India, the process could be much longer and would require a nonimmigrant work visa to allow them to work for you prior to the issuance of the green card.

In the U.S., many people have noticed the decline of U.S. workers taking jobs in the unskilled labor sector for positions such as Caregivers, Janitors and Room Attendants.  The EB-3 program is an excellent solution for employers facing difficulty hiring enough domestic workers to fill their needs.  While there are employer requirements, such as recruitment to test the U.S. labor market.  However, Sawyer Law Firm will guide your company through each part of the process.  In addition, we will ensure the most cost-efficient process is undertaken for the employer.    

This is a 3 step process involving the (1) Department of Labor for the recruitment and filing of the Labor Certification; (2) USCIS for the filing of the Form I-140, Application for Alien Worker; and (3) the Consulate interview for the applicant.  

The process takes between 4-5 years to complete, currently.  This is largely due to government backlogs for visas.  It is a long-term solution to a long-term problem.

The H-1B visa is the most commonly thought about and discussed U.S. work visa.  The prospective employee (beneficiary) is required to be offered a position with your company which normally requires at least a U.S. bachelor’s degree (or its equivalent) in a specific specialty (major) that is related to the job.  The beneficiary must possess the specific degree, or its equivalent.  

The H-1B has a validity period of 3 years and is renewable once, for a total of 6 years in H status.  However, if the beneficiary has an approved I-140, they are eligible for unlimited renewals of the H status.

Employers with international offices which share ownership with the U.S. entity may qualify.  This is the correct visa for your business if you wish to transfer an executive or manager from the foreign entity where they have worked for at least 1 of the last 3 years, to the U.S. to work in the same position.  

The L-1A visa is valid for 3 years with 1 renewal allowed for an additional 3 years for a total of 6 years.

Employers with international offices which share ownership with the U.S. entity may qualify.  The L-1B visa is similar to the L-1A with the requirement of at least 1 year of work in the last 3 years with the foreign entity, however the L-1B requires the individual you are transferring to possess “specialized knowledge” of the company’s product, service, research, equipment, techniques, management, or other interests.  

The L-1B visa is valid for 3 years initially with 1 renewal allowed for an additional 2 years, for a total of 5 years.

The TN visa is specific to prospective employees from Mexico and Canada.  The job positions available through the visa are specific and the work must be for a temporary purpose.  

The TN visa is valid for up to 3 years and can be renewed endlessly.