Employment-Based Visa and Green Card in San Francisco & San Jose

Sorting through the numerous types of employment-based visas and green cards can begin to feel like alphabet soup. Fortunately, the team at Hurtubise Weber Law is well-versed in the range of those available, which include but are not limited to:

• EB-2 VISA: To be eligible for the EB-2 visa, immigrants must obtain employment that requires an advanced degree (beyond a bachelor's). In addition, the prospective employer must prove that they attempted to recruit a U.S. citizen or green card holder for the position but were unable to find someone qualified. Some people are able to obtain an EB-2 visa without an employer if their skills are in the U.S. national interest.

• EB-3 VISA: Immigrants eligible for the EB-3 visa must obtain employment that requires a bachelor's degree at minimum. Like the EB-2 visa, employers must prove that they tried recruiting from within the U.S. but did not find a qualified candidate. This type of visa is subject to a backlog of more than a decade for citizens of certain countries.

• What is PERM? Program Electronic Review Management (PERM) is the first step foreign nationals can take to obtain an employment-based green card (an EB visa). This system allows applicants to receive a labor certification to work for a U.S. company. During the PERM process, employers must attempt to recruit a U.S. resident for the open position. Should no qualified candidate be found, they can begin the PERM labor certification application. If your small business is hoping to hire someone from another country, the attorneys at Hurtubise Weber Law can help you better understand PERM and how to bring over your new hire legally.

• H-1B VISA: This is the most common work visa for professionals. Up to 85,000 are available each year, and recipients are approved for a maximum stay of six years. To be eligible, professionals must have a U.S. company sponsor with a job offer and must have earned employment in a "specialty occupation" that requires at least a bachelor's degree. Applicants are entered into a lottery system each year when they initially register. If they are selected in the lottery, then their company sponsor is allowed to submit a full H-1b visa application for consideration on their behalf.

• Treaty Work Visas for Professionals: Nationals of certain countries may be eligible for a treaty work visa. Canadian and Mexican citizens can apply for a TN visa if their job is on the list of permitted professional occupations. The TN visa is valid for three years and can be renewed indefinitely. Australians can obtain a renewable E-3 visa. Individuals can apply at any time, and often their spouses are also welcome to apply for work authorization.