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Employment-Based Immigration

Helping businesses and professionals navigate U.S. work visa requirements

Build Your Career in America

The United States offers numerous opportunities for skilled workers, professionals, and investors from around the world. At Vasquez Law Firm, we help both employers and foreign nationals navigate the complex employment-based immigration system to achieve their American dream.

Temporary Work Visas

H-1B Specialty Occupation

For professionals with bachelor's degree or higher

  • • IT professionals, engineers, doctors, architects
  • • Initial 3-year period, extendable to 6 years
  • • Dual intent allowed (can apply for green card)

L-1 Intracompany Transfer

For managers, executives, and specialized knowledge

  • • L-1A for managers/executives (7 years max)
  • • L-1B for specialized knowledge (5 years max)
  • • No annual cap or lottery

E-2 Treaty Investor

For investors from treaty countries

  • • Substantial investment in U.S. business
  • • Renewable indefinitely
  • • Spouse can work with EAD

O-1 Extraordinary Ability

For individuals with exceptional achievements

  • • Sciences, arts, business, athletics, education
  • • No annual cap
  • • Initial 3 years, unlimited extensions

Permanent Residence (Green Cards)

EB-1 First Preference

Extraordinary ability, outstanding professors, multinational managers

EB-2 Second Preference

Advanced degree professionals, exceptional ability

EB-3 Third Preference

Skilled workers, professionals, other workers

EB-5 Investment

$800K-$1.05M investment creating 10+ jobs

PERM Labor Certification Process

Most EB-2 and EB-3 green cards require PERM labor certification:

  1. 1.
    Prevailing Wage Determination

    DOL determines minimum wage requirement

  2. 2.
    Recruitment

    Test U.S. worker availability through ads

  3. 3.
    PERM Filing

    Submit application to Department of Labor

  4. 4.
    I-140 Petition

    File immigrant petition with USCIS

  5. 5.
    Adjustment/Consular Processing

    Final green card application

Start Your U.S. Career Journey

Whether you're an employer looking to hire foreign talent or a professional seeking to work in the U.S., we provide comprehensive immigration solutions tailored to your needs.

Schedule Consultation

Why Choose Vasquez Law Firm for Work Visas?

With over 15 years of experience in employment-based immigration, we understand the unique challenges faced by both employers and foreign workers. Our bilingual team provides personalized service to ensure successful outcomes for your immigration matters.

Current Processing Times and Strategies

Immigration processing times vary significantly by visa type and service center. We stay current with USCIS processing trends and utilize strategies like premium processing when available to expedite cases. Our team monitors your case closely and responds promptly to any requests for evidence.

Compliance and Maintenance of Status

Maintaining legal status is crucial for long-term success in the U.S. We provide ongoing support for visa extensions, amendments for material changes, and ensure compliance with all immigration regulations. Our proactive approach helps prevent status violations that could jeopardize future immigration benefits.

From Temporary Visa to Green Card

Many work visas can serve as stepping stones to permanent residence. We develop comprehensive immigration strategies that align with your long-term goals, whether that's obtaining a green card, bringing family members to the U.S., or eventually pursuing citizenship.

Common Work Visa Challenges and Solutions

Navigating employment-based immigration involves overcoming several common obstacles. Our experienced attorneys have developed effective strategies to address these challenges:

H-1B Lottery Alternatives

With H-1B selection rates often below 50%, we explore alternative visa categories like L-1 (for intracompany transfers), O-1 (for exceptional ability), E-2 (for treaty country nationals), or TN visas (for Canadian and Mexican professionals). Each alternative has unique requirements and benefits that may better suit your situation.

Requests for Evidence (RFEs)

USCIS increasingly issues RFEs questioning specialty occupation eligibility, employer-employee relationships, and wage levels. We prepare comprehensive initial petitions with extensive documentation to minimize RFE risk. When RFEs are issued, our detailed responses address every concern with legal precedents and supporting evidence.

Changing Status While in the U.S.

Foreign nationals currently in the U.S. on other visa types (F-1, B-2, J-1) may be able to change status to H-1B, L-1, or other work visas without leaving the country. We carefully evaluate eligibility, timing requirements, and potential risks to ensure smooth status transitions.

Prevailing Wage Determinations

DOL prevailing wage requirements directly impact both visa eligibility and employer costs. We assist with proper SOC code selection, wage level justifications, and ensuring job descriptions align with OFLC requirements while meeting business needs.

Industry-Specific Work Visa Experience

Different industries face unique challenges in employment-based immigration. Our firm has extensive experience with work visa petitions across various sectors:

Technology & IT

Software engineers, developers, system architects, data scientists, cybersecurity specialists. We handle high-volume H-1B filings and understand SOC code nuances for emerging tech roles.

Healthcare

Physicians (H-1B, J-1 waivers), nurses (EB-3, H-1B), physical therapists, medical researchers. Experience with state licensing coordination and healthcare-specific immigration pathways.

Engineering & Architecture

Civil, mechanical, electrical engineers, architects, project managers. Expertise in documenting complex technical qualifications and degree equivalency evaluations.

Finance & Business

Financial analysts, accountants, management consultants, business development managers. L-1 and E-2 visa expertise for international business expansion.

Education & Research

University professors, researchers, post-doctoral fellows. O-1 and EB-1 petitions for outstanding researchers and educators with publication records.

Hospitality & Food Service

Executive chefs, restaurant managers, hotel managers. H-1B and L-1 visas with focus on specialty cuisine and management qualifications.

Work Visa Timeline and Processing

Understanding typical processing timeframes helps with planning career moves and business hiring needs. Current processing times (subject to change):

  • H-1B Regular Processing: 3-6 months; Premium Processing (15 days): $2,805
  • L-1 Regular Processing: 3-6 months; Premium Processing (15 days): $2,805
  • O-1 Regular Processing: 2-4 months; Premium Processing (15 days): $2,805
  • E-2 Visa (Consular Processing): 2-4 months depending on country
  • PERM Labor Certification: 6-12 months (no premium processing available)
  • I-140 Immigrant Petition: 4-8 months; Premium Processing (45 days): $2,805

Recent Policy Updates (2024-2025)

  • • USCIS modernizing H-1B selection process to reduce fraud and improve beneficiary-centered approach
  • • Updated Form I-129 requirements include more detailed employer and employee information
  • • Increased scrutiny on third-party worksite arrangements and contractual relationships
  • • Extension of certain automatic work authorization periods for pending EAD renewals
  • • Updated public charge considerations affecting adjustment of status applications

Cost Transparency for Work Visa Petitions

Work visa costs include government fees, attorney fees, and potential employer expenses. Typical fee structures:

H-1B Petition (New or Transfer)

  • • USCIS Filing Fee: $460
  • • Fraud Detection Fee: $500 (first-time H-1B employers)
  • • ACWIA Training Fee: $750 or $1,500 (employer-dependent)
  • • Premium Processing (optional): $2,805
  • • Attorney Fees: $3,000-$5,000 (varies by complexity)

L-1 Petition

  • • USCIS Filing Fee: $460
  • • Fraud Detection Fee: $500
  • • Premium Processing (optional): $2,805
  • • Attorney Fees: $4,000-$7,000
  • • Blanket L petition (multi-employee): $1,385 base + $1,500 per employee

PERM Labor Certification + Green Card

  • • Prevailing Wage Determination: $0 (government fee)
  • • PERM Filing: $0 (government fee)
  • • Recruitment Costs: $2,000-$5,000 (employer expense)
  • • I-140 Petition: $700 + $2,805 (premium, optional)
  • • I-485 Adjustment: $1,440 per person + medical exam ($200-$500)
  • • Attorney Fees: $8,000-$15,000 (full process)

*Fees subject to change. We provide detailed cost breakdowns during consultation and offer flexible payment plans for qualifying clients. Some employers cover all costs, while others require employee cost-sharing.

Ready to Work in America?

Don't let complex immigration laws stand between you and your American career goals. Our experienced attorneys are ready to guide you through every step of the employment immigration process.

Employer or Employee?

We represent both companies and workers in employment immigration matters.

1-844-967-3536info@vasquezlawfirm.com

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Same-day consultations

Free Case Assessment

For Employers

  • H-1B cap registration & filing
  • PERM labor certification
  • I-9 compliance audits
  • Global mobility programs