Employment Petitions

Do you need a visa to work in the United States? Are you an employer who needs to hire a foreign professional? We can help you file the correct employment petition to achieve your goals.

The U.S. attracts tens of thousands of foreign workers to come to work in various occupations including scientists, graduate students, IT professionals, software developers, engineers, medical professionals such as nurses and physical therapists, financial professionals, statisticians, market researchers, mechanics, technicians, chefs, etc.

Whether you are a U.S. employer trying to hire a foreign worker, or a foreign national who needs legal status to work in America, we can help you select and file the most appropriate employment-based petition.

Generally speaking, there are two main categories of work visas for foreign workers – temporary employment and permanent employment. Temporary employment (non-immigrant) visas are for foreign nationals to work in the U.S. for a short-term assignment or a predefined period of time. Permanent employment or immigrant visas are actually green cards that allow foreigners to work in the U.S. permanently without an end date.

Temporary (Non-Immigrant) Visas

H-1B Visa
Mostly for “specialty occupations” and professionals such as engineers, computer professionals, accountants, doctors, etc. H-1B jobs normally require a bachelor’s degree to enter the profession. There is an annual visa quota.
L-1 Visa
This visa category is for multinational company to transfer their executives, high-level managers or “specialized-knowledge” employees to work in the United States.
J-1 Visa
The J-1 visa is for exchange visitors who wish to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.
TN Visa
The TN Visa, created by the North American Free Trade Agreement (NAFTA), permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
E-1 Visa
The E-1 Treaty Trader visa allows a national of a treaty country to come to the U.S. to engage in international trade.
E-2 Visa
This visa classification allows a national of a treaty country to come to the United States when investing a substantial amount of capital in a U.S. business.
H-2A Visa
The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs.
O-1 Visa
The O-1 visa is for foreigners who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
R-1 Visa
The R visa is for foreigners to come to the United States temporarily to be employed at least part time by a non-profit religious organization in the United States (or an affiliate) to work as a minister or in a religious vocation or occupation.

Other temporary visa categories include the P-1 Visa (for foreign athletes to perform at a specific athletic competition), P-2 Visa (for artists or entertainers to perform under a reciprocal exchange program), and P-3 (for foreigners to perform, teach or coach as artists or entertainers under a program that is culturally unique.)

We help clients with the following employment-based green card petitions:
  • Persons with Extraordinary Ability (EB-1A)
  • Outstanding Scientists and Researchers (EB-1B)
  • Multinational company transferee executives and managers (EB-1C)
  • National Interest Waiver (EB-2)
  • Exceptional Ability Petition (EB-2)
  • PERM Labor Certification based Green Card Applications (EB-2 and EB-3)
  • Religious workers or special immigrant visas (EB-4)
  • Investor or Employment-Creation Visa (EB-5)
  • Filing of I-140 Immigrant Visa Petition and I-485 Adjustment of Status

We also handle other employment related immigration cases including:
  • Employer Compliance Issues (document I-9 violations, knowing hiring violations, E-Verify, etc.)
  • Refusal of Visas (e.g., 221g issues)
  • AC-21 Issues (extensions, portability, etc.)
  • Motions to Reconsider/Reopen PERM labor application denial
  • Motions to Reconsider/Reopen H-1B or I-140 denial
  • Ability to Pay Issues
  • Non-immigrant status issues (violation of status, status gaps, benching, termination, etc.)
  • B-1 employment issues
  • F-1/OPT/CPT Issues

The laws and regulations government employment visas are both complicated and confusing. It is very important that both the employer and employee understand all the available options, the application process, and the terms of the visa program. Violations of the regulations can result in loss of one’s legal status. For employers, they could also be subject to regulatory penalties and fines. Sometimes willful and intentional violations can result in criminal liabilities.

Please contact our attorney regarding your particular case.

Appointments

  • Phone Consultations
  • Weekend/Evening Appointments
  • Out of State Services
  • VISA/MC/AE Accepted

We serve clients from all countries and walks of life from investors, professionals, skilled labourers, and people wishing to join their family members in the USA.

Contact Us

1-732-632-9888

Paul Szeto LLC.
190 State Route 27
No. Edison, NJ 08820 USA
info@szetolaw.com

Languages: English, Cantonese, Mandarin

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Admissions & Associations

Bar Admissions:
  • New York State Bar
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of New Jersey
  • New Jersey State Bar
  • Middlesex County Bar Association
  • California Bar (inactive)
Associations:
  • New York State Bar Association
  • American Immigration Lawyers Association
  • New Jersey State Bar Association
  • Middlesex County Bar Association
  • California Bar Association
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