Atlanta Employment Based Immigration Attorneys

Whether you are a non-U.S. citizen seeking to work legally in the United States, or a company willing to employ foreign nationals, the process of obtaining an employment visa is complex and requires an in-depth understanding of U.S. immigration laws and procedures. At the Fogle Law Firm, we have an extensive experience representing and advising employers in all areas of business immigration, including temporary employment visas, permanent residency, labor certifications and other work permits. We assist clients in the preparation of a variety of petitions (e.g. B, E, H, L, O, P, R and TN petitions). 

Our attorneys and paralegals represent local, national and multi-national companies with regard to their immigration needs in such industries as software, information technology, design, construction, manufacturing, utilities, arts, sports, health care, and other fields. Our team is composed of attorneys licensed in many states of the US as well as other countries such as France and the UK, tailoring optimal strategies to our foreign clients, as well as efficient procedures of compliance.

EB2 Visa

Foreign professionals with advanced degrees and those with exceptional ability may qualify for EB2 visas. EB2-1 classification can be obtained by foreign nationals, who are members of the professions and who hold advanced degrees, including a person who holds a baccalaureate degree and has at least five years progressive experience in the profession. EB2-2 is available for individuals who possess “exceptional ability” in the sciences, arts or business.

Other than a national interest waiver, detailed below, in order to obtain an EB2-1 and EB2-2, the employer must file a labor certification with the U.S. Department of Labor, showing that there are no United States workers available that are qualified for the specific position applied for. The employer must conduct recruitment as directed by the Department of Labor. The recruitment process includes the posting an advertisement in a professional or major publication. It must be noted that if a minimally qualified United States worker has applied for the position the labor certification would not be approved or “certified.”

Once the Labor Certification is approved by the Department of Labor, the employer may file an immigrant visa petition with the US Citizenship and Immigration Service (CIS). If the employee is in the United States and the priority date is current, the foreign national may apply for adjustment of status at the same time as the immigrant visa petition. If the foreign national is outside the U.S. upon the approval of the visa petition they may obtain the visa at the U.S. consulate abroad.

National Interest Waiver under EB2

Foreign nationals with “exceptional ability” in the arts, science or business or those with the equivalent of a graduate degree who are coming to the U.S. to perform work in the “national interest” of the United States do not need an employer or a labor certification and can petition for themselves under the EB2 category. The Fogle Law Firm has successfully assisted multitudes of individuals with NIWs over the years.

EB3-1 and EB3-2

Foreign “Skilled Workers” who are capable of performing a job which requires at least two years of training or experience, and for which qualified workers are not available in the United States, can obtain EB3 visa classification. To obtain an EB3-1 status, the U.S. employer must obtain an approved permanent Labor Certification, verifying that no qualified United States workers are available to fill the full-time position offered by the company and proof that the foreign national possessed the two years or more of qualifying experience prior to joining the company.

As for foreign professionals, who hold baccalaureate degrees in occupations for which qualified workers are not available in the United States, the EB3-2 classification is available. Just like the EB3-1 classification, in order to obtain an EB3-2 an approved Labor Certification must be first obtained. The employer must show that the job must require a baccalaureate degree and the company must establish that a baccalaureate degree is needed to adequately perform the job duties.

Upon approval of an EB3-1 or EB3-2 visa petition by the US Citizenship and Immigration Service (CIS), the applicant, his/her spouse and children under 21 years of age may apply for their immigrant visas through adjustment of status in the United States or consular processing at a U.S. Consulate abroad.

EB1-3 Visa

The EB1-3 visa classification is available to individuals who have been employed with a company abroad in a managerial or executive capacity for at least one year within the last three years, and who seek to work for a related United States parent, subsidiary, or affiliate of an overseas employer in a managerial or executive capacity. The applicant must meet the US Citizenship and Immigration Service (CIS) definition of a “manager” as someone who manages the organization,

a department, subdivision, function or component of the organization, supervises other managerial employees, and has the authority to hire and fire employees that come directly under his supervision. If the person does not supervise any employees, s/he must hold a senior level within the company with respect to the function managed.

The definition of an “executive” includes one who directs the management of the organization or a major component or function of the organization, establishes the goals and policies of the organization, component or function, and possesses a wide range of decision-making power.

The application for the EB1-3 visa petition must be filed with the US Citizenship and Immigration Service (CIS) office. Once approved, the applicant, his/her spouse and children under 21 years of age can apply for their immigrant visas through adjustment of status in the United States or consular processing at a U.S. Consulate abroad.