Employment-Based Visa Attorney in San Diego, California
- Former government attorney
- Reputation for winning complex cases
- Honest evaluations & realistic expectations
- Seventy+ 5-star reviews on Google
Experienced Employment-Based Visa Immigration Attorney in San Diego
Looking for an experienced Employment-Based Visa Lawyer in San Diego? Our firm specializes in helping clients navigate the complexities of employment-based immigration. When it comes to employment-based visas, can be complex and overwhelming. At North County Immigration in San Diego, California, we offer comprehensive legal services tailored to help both employers and foreign nationals successfully navigate this process.
Employment-Based Immigration Visas in San Diego
Employment-based immigration is a critical component of U.S. immigration policy, allowing employers to hire skilled foreign workers to fill gaps in the American workforce. There are several categories of employment-based visas, each with specific requirements and processes:
- EB-1 Visa: For individuals with extraordinary abilities, outstanding professors, and researchers, or multinational executives and managers.
- EB-2 Visa: For professionals holding advanced degrees or individuals with exceptional ability in their field.
- EB-3 Visa: For skilled workers, professionals, and other workers who meet certain educational and work experience requirements.
- EB-4 Visa: For special immigrants, including religious workers, certain broadcasters, and employees of U.S. foreign service posts.
- EB-5 Visa: For immigrant investors who make a significant financial investment in a U.S. business that creates jobs for American workers.
Our firm specializes in these categories, providing tailored support for each visa type.
Employment Visa Sponsorship Services
The process of employment visa sponsorship begins with a U.S. employer who is willing to sponsor a foreign worker for a specific position. Our San Diego-based lawyers assist employers in navigating the sponsorship process, which often involves:
1. Labor Certification (PERM): For most employment-based visas, particularly EB-2 and EB-3, the employer must first obtain a labor certification from the U.S. Department of Labor. This certification verifies that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect the wages and working conditions of American workers.
2. Filing Form I-140: Once the labor certification is obtained, the employer must file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the worker’s qualifications and the employer’s need for their skills.
3. Priority Dates and Visa Availability: After Form I-140 is approved, the foreign worker must wait for their priority date to become current, depending on the visa category and country of origin. Our attorneys monitor these dates closely and advise on the best strategies to ensure timely processing.
Securing a Green Card Through Employment-Based Visas
Obtaining a green card through employment is a multi-step process that can lead to permanent residency in the United States. This process typically involves:
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Adjustment of Status (Form I-485): If the worker is already in the United States on a temporary visa, they may apply to adjust their status to permanent resident once their priority date is current. Our attorneys assist with preparing and submitting Form I-485, Application to Register Permanent Residence or Adjust Status, ensuring all documentation is complete and accurate.
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Consular Processing: If the worker is outside the United States, they must complete consular processing at a U.S. embassy or consulate in their home country. Our firm provides support throughout this process, including preparing for the visa interview.
San Diego Expertise in EB-1, EB-2, and EB-3 Employment-Based Visas
Our firm has extensive experience in handling EB-1, EB-2, and EB-3 visa applications, which are some of the most common employment-based immigration categories. Here’s how we can help:
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EB-1 Visa Applications: For those with extraordinary abilities, such as artists, scientists, or executives, we assist in gathering the extensive documentation required to prove your qualifications. This might include letters of recommendation, awards, publications, or evidence of leadership in your field.
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EB-2 Visa Applications: For professionals with advanced degrees or exceptional ability, we help with the national interest waiver (NIW) process, which allows some applicants to bypass the labor certification requirement if their work is in the national interest of the United States.
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EB-3 Visa Applications: For skilled workers and professionals, we assist in proving that you meet the educational and work experience requirements, as well as navigating the labor certification process.
Work Visa Attorney Services in San Diego
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O-1 Visas: For individuals with extraordinary ability in sciences, arts, education, business, or athletics, we help build a strong application by gathering the necessary documentation to prove your exceptional achievements. We ensure that all evidence, such as awards, published works, and professional endorsements, is presented clearly to meet USCIS standards.
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H-2B and H-2A Visas: These temporary visas are for non-agricultural and agricultural workers, respectively. Our attorneys assist employers in navigating the specific requirements, including obtaining labor certifications and meeting seasonal employment criteria.
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E-2 and E-1 Visas: For treaty investors and traders, we help with the complex application process, including preparing business plans, financial statements, and proving substantial investment or trade activities between the U.S. and the treaty country.
Why Choose Our Employment-Based Immigration Lawyers?
At North County Immigration, we pride ourselves on offering comprehensive, client-focused legal services. Our extensive experience in employment-based immigration law ensures that we can handle even the most complex cases. Whether you need assistance with employment visa sponsorship, obtaining a green card through employment, or navigating specialized visa categories like EB-1 and EB-3, our San Diego-based team is committed to supporting you every step of the way.
California Family-Based Visa Immigration Lawyer
Contact us today to learn more about how our employment-based immigration attorneys can assist you in achieving your immigration objectives. Our commitment to personalized service and expert legal guidance makes us a trusted partner in your immigration journey.
Practice Areas
Criminal Defense Immigration Lawyer
Military Parole In Place Lawyer
Biden Parole in Place Program Lawyer
Employment-Based Immigration Lawyer
Family-Based Immigration Lawyer
Non-immigrant Temporary Visas Lawyer
Business Visa Immigration Lawyer
Investor Visas Lawyer: E-1/E-2, EB-5
Student Visas Lawyer: F-1, M-1, J-1
Naturalization Immigration Lawyer
Deportation & Removal Defense Lawyer
Immigration Lawyers Specializing in Waivers
Asylum Refugee Protection Lawyer
United States Citizenship Lawyer
Adam Walsh Act Immigration Lawyer
National Interest Waiver Lawyer
P Visa Lawyer: P1, P2, P3 & P4
Diversity Visa Immigration Lawyer
Diplomatic Visa Immigration Lawyer
Our Practice Areas
NON-IMMIGRANT VISAS
FAMILY IMMIGRATION
U VISAS
INVESTOR VISAS
POST-CONVICTION RELIEF
IMMIGRANT CRIMINAL DEFENSE
DEPORTATION AND REMOVAL DEFENSE
WAIVERS OF INADMISSABILITY
What Our Client Say About Us
I cannot say enough great things about Anna and her wonderful team. My husband and I unfortunately received awful advice from previous counsel regarding an immigration issue which resulted in my being denied entry into the USA. We secured Anna’s services following this traumatic experience and she was brilliant in not only explaining the complicated systems and processes but also, making us feel heard and understood. She is sharp, brilliant and personable. Thank you Anna!
We learned a gal who worked for us needed some help. Anna, and her team, were awesome. They took care of the situation like she was family. North County Immigration handled the whole thing with professional guidance. A happy ending really calls for a detail oriented, experienced team. Highly recommend!!!
My experience was extraordinary, Anna was knowledgeable. She was very polite, she handled my case to a successful end. I RECOMMEND Anna H. to anyone with no less than a tough case. She’s indeed indeed great.
Did a consultation with North County Immigration about getting my citizenship. Ended up using their Review Service which was a great alternative. I prepared my application myself and then she reviewed my application to make sure it was correct and gave great suggestions of what documents I should include. Definitely recommend their office. They are reasonable and don’t rip you off.
Schedule A Consultation
Are you facing immigration challenges and seeking expert guidance to navigate the complex legal landscape? North County Immigration is here to help!
What Sets Us Apart
Former Government Attorney
Attorney Anna M. Hysell is a former Government attorney for both the U.S. Department of Justice and the U.S. Department of Homeland Security.
Winning Complex Cases
We think like the interviewing officer or opposing government lawyer. We have earned a reputation for taking on and winning complicated immigration cases.
Experienced Litigation Team
In a field with rampant fraud and incompetence, where many are taken advantage of, our experienced team protects the rights of our clients, ensuring that each receives fair and just treatment.
Commitment To Helping
We strive to listen to our client’s and minimize their stress. We work each day to ensure our client matters are handled properly and communicate the progress at the different stages of the matter.
Upfront Review Process
During your consultation, a full analysis is made including a review of all relevant documentation. The weaknesses in the case and how to overcome them are determined, as well as what evidence will be necessary and what the most efficient way is for the client to get the results they want.
Full Service Law Firm
The Law Offices of Anna M. Hysell is one of the top civil rights firms in the San Diego area. We strategically design our lawsuits to have an impact from the start and are not afraid to take on the most challenging cases. Our goal is to always achieve justice for our clients.
Case Results
Successful Deportation Defense for a Military Family
NCI helped a client with a prior successfully avoid deportation on the grounds of hardship as the defendant’s children’s mother was deployed.
Successful Asylum Claim from the Ukraine War
NCI helped an asylee seeking to escape the devastation and heartbreak caused by the unprovoked actions of the Putin Invasion of Ukraine.
B-2 Visa Extensions Granted to Keep a Family Together
NCI was able to get 6-month extensions approved for 2 minors to stay with their ill father in the United States while he undergoes medical treatment.
Removal Stopped
NCI was able to halt the removal of a Brazilian national that was scheduled to be deported out of Houston International on the grounds of due process violations.
Reunification of an Escondido Family
NCI successfully helped an Escondido woman and her mother overcome some legal challenges and gain immigration status, allowing them to reunite.
Removal Order Rescinded
NCI was able to help rescind a removal order for our client who had the unfortunate luck of previously receiving poor counsel.
Employment-Based Visa Program Attorney FAQs
What is an employment-based visa?
An employment-based visa allows foreign nationals to work and live in the U.S. based on a job offer from a U.S. employer. There are several categories (EB-1, EB-2, EB-3, etc.), each tailored to different types of workers, such as those with extraordinary abilities, advanced degrees, or specific skills. The employer usually sponsors the visa, demonstrating the need for the foreign worker and confirming that no qualified U.S. workers are available for the position.
What are the types of employment-based visas?
Employment-based visas are categorized into five main types: EB-1 for individuals with extraordinary abilities or multinational executives, EB-2 for professionals with advanced degrees or exceptional abilities, EB-3 for skilled workers and professionals, EB-4 for special immigrants like religious workers, and EB-5 for investors who create jobs in the U.S. Each category has its own eligibility criteria and application process, making it crucial to select the appropriate visa based on the applicant’s qualifications and goals.
What is the labor certification (PERM) process?
Labor certification, also known as the PERM process, is a critical step in many employment-based visa applications, especially EB-2 and EB-3 categories. The employer must prove to the U.S. Department of Labor that there are no qualified U.S. workers available for the job and that hiring a foreign worker will not negatively impact the wages or working conditions of American employees. This involves conducting a recruitment process and providing detailed documentation to demonstrate the need for foreign labor. For expert legal support, consider North County Immigration.
How long does the employment-based visa process take?
The timeline varies based on the visa category, country of origin, and other factors, but it can take several months to several years.
Can I change employers while on an employment-based visa?
Changing employers while on an employment-based visa depends on the type of visa you hold. For non-immigrant visas like H-1B, it is possible to change employers if the new employer files a new petition on your behalf. For immigrant visas (such as EB-2 or EB-3), changing employers may be more complicated and could impact your green card application, especially if you change jobs before the adjustment of status or consular processing is complete. For expert legal support, consider North County Immigration.
What happens if my visa petition is denied?
If your employment-based visa petition is denied, there are several options you can consider. You may file an appeal or a motion to reopen or reconsider with USCIS if you believe the denial was based on an error. Alternatively, you might correct any deficiencies noted in the denial and reapply. Consulting with an experienced immigration attorney can help you understand the reasons for denial and determine the best course of action to improve your chances of approval in the future.
Can I bring my family with an employment-based visa?
Yes, most employment-based visas allow you to bring your immediate family members, including your spouse and unmarried children under 21 years old. They may qualify for dependent visas, such as H-4 (for H-1B holders) or F-2 (for F-1 holders). Family members can live in the U.S. and, in some cases, work or attend school. However, their eligibility and the specific rights they have depend on the type of employment-based visa you hold. Contact us for legal support.
What is the role of priority dates in employment-based immigration?
Priority dates are crucial in the employment-based immigration process, especially for visas with annual numerical caps, like EB-2 and EB-3. The priority date is typically the date your labor certification application is filed or the date USCIS receives your I-140 petition. Your priority date determines your place in line for visa processing, and you cannot proceed with your green card application until your priority date becomes current according to the Visa Bulletin.
What is consular processing vs. adjustment of status?
Consular processing and adjustment of status are two pathways to obtaining a green card. Consular processing is used when the applicant is outside the U.S.; it involves applying for an immigrant visa at a U.S. embassy or consulate in their home country. Adjustment of status is for applicants already in the U.S. on a valid visa who want to change their status to permanent resident without leaving the country. The choice between them depends on the applicant’s location and current immigration status. For expert legal support, consider North County Immigration.
What is the difference between a work visa and a green card?
A work visa, such as an H-1B or L-1, allows foreign nationals to work in the U.S. temporarily and is typically tied to a specific employer. A green card grants permanent residency, allowing the holder to live and work in the U.S. indefinitely, with more rights and freedoms, such as the ability to change employers freely and eventually apply for U.S. citizenship.
What happens to my employment-based visa if my employer withdraws their sponsorship?
If your employer withdraws their sponsorship before your visa is approved, your employment-based visa petition could be denied. However, if the withdrawal happens after the I-140 petition is approved and 180 days have passed, you may still be able to keep your priority date and adjust your status with a new employer, thanks to the portability provisions under the American Competitiveness in the Twenty-First Century Act (AC21). It is vital to seek legal advice immediately if your sponsorship is withdrawn to understand your options and next steps.. Contact us for legal support.