Many immigration matters start with a job offer. Employment-based immigration allows skilled workers from overseas to take comparatively high-paying positions in their field that are available within the United States. You don't have to be a doctor or an engineer to get a work visa. However, you and your employer will need the assistance of an employment-based immigration attorney to navigate the visa application process.

Specialty Occupation Workers: H-1B

Skilled labor can be hard to come by in certain fields. H-1B work permits, often called temporary work visas, allow employers to sponsor potential employees with particular skills within specialty occupations. A set number of H-1Bs are issued each year to "regular" and "master" workers in a variety of occupations including:

  • Accounting
  • Arts
  • Architecture
  • Bio-Technology
  • Business
  • Education
  • Engineering
  • Law
  • Mathematics
  • Medicine
  • Science
  • Social Science
  • Theology

Temporary work visas can be granted for up to 3 years at a time. They can sometimes be extended or renewed for up to 6 years. Beyond that period, the employee must show legal grounds for further extensions. They are also the entry point for many immigrating employees who eventually seek an adjustment of status and lawful permanent resident (LPR) status.

Employment-Based Visas Without the Employer: O1 Visas

If you are uniquely qualified in your field, you don't necessarily need a job offer to seek employment-based immigration. O1 visas are granted to workers overseas who intend to seek work in the United States based on their own extraordinary abilities.

O1 visas aren't for everyone. O1A visas are only granted to the top small percentage of workers in the fields of:

  • Sciences
  • Education
  • Business
  • Athletics

O1B visas are even more limited. They only apply to entertainment professionals, artists and actors, who are able to demonstrate their talent and reputation within the field. Demonstrating your qualifications for O1 visas require an exhaustive resume and a well-crafted portfolio of work. If you are seeking permission to work based on your qualifications alone, you will need the help of an experienced employment-based immigration attorney to help make your case.

Contact an Employment-Based Immigration Attorney in St. Paul, Minnesota

Making the move to the United States for a job can be quite a process. For most, it starts with a job offer and a sponsoring employer filing a petition for a nonimmigrant worker. If you are an employer looking to hire, or are an immigrant employee with a job offer, contact St. Paul Minnesota Immigration Attorney Peter Nagell today to schedule a consultation and start your move toward legal work status.