Employment-Based Immigration

Employment-based immigration allows United States employers to sponsor for lawful permanent residence in the United States foreign nationals who have the skills, ideas, knowledge, and talents needed in the United States.

The specific classifications fall within the preference system under the Immigration and Nationality Act which sets annual numerical and per-country limits for most family-sponsored and employment-based immigrant visa classifications. An experienced immigration attorney can help you with your business immigration needs.

H-1B Visa

The H-1B visa may be used to bring a worker temporarily into the United States if on a temporary basis the employee will work in a “specialty occupation.”

Employment/Investor Visas

The United States offers visas to bring a worker temporarily to the United States if the employee will work in a “specialty occupation” or a professional position.

If your country of nationality has a treaty with the United States then you may be eligible for an investment visa.

Immigrant Visas based on Employment


EB-1 classification requires no job offer or labor certification and is available to the following:

  • Workers of extraordinary ability;
  • Outstanding professors and researchers; and
  • Multinational executives and managers.


EB-2 visas are for:

  • Workers who are members of the professions holding advanced degrees or their equivalent, and
  • Workers, who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States.


EB-3 visas are available for:

  • Skilled workers (at least two years of experience required);
  • Professionals (baccalaureate degree required for position and alien); and
  • Other workers (less than two years experience required for position).


The EB-5 visa is available for qualified investors who can support economic growth through an investment in commercial enterprises in the U.S.

Labor Certification

Our firm can assist you with your application to the Department of Labor to certify that there exists an insufficient number of U.S. workers who are able, willing, qualified, and available at the place of proposed employment, and that employment of the alien for whom certification is sought will not adversely affect the wages and working conditions of U.S. workers similarly employed (the employer must therefore be offering the job at the “prevailing wage” in the particular market).

Other nonimmigrant visas exist for students, TN visas for citizens or nationals of Mexico or Canada, exchange visitors, visitors for pleasure and visitors for business purposes.  Call our office today so that we can discuss these options in further detail.

Employer Sanctions

In recent acts, employers have had the opportunity to employ work authorization for employees who were once not able to work in the United States. The Employment Eligibility Verification (form I-9), it reduces the number of acceptable documents, allowing employers with the possibility of a good-faith defense against technical paperwork violations and provides some protection against governmental sanctions and even criminal prosecution.

Help Throughout the Employment-Based Immigration Process

The process for employment-based immigration can be fraught with complications and unforeseen issues. The experienced business immigration lawyers at Pobjecky & Pobjecky can handle your paperwork and visas for your business and foreign employees. Call today to learn more.

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As a global immigration firm, we assist clients in each of the 50 states, and across the globe. We have no geographic restrictions. To request a consultation, please call, email or complete the above form.