Employment-Based Immigration Lawyer in Portland

Offices in Medford & the Portland Area

Sarpa Law has consistently been retained by large and small corporations to sponsor immigrants for work visas or to sponsor an existing employee for a green card. This occurs whether the immigrant is inside the country or outside the country.

Other times, an immigrant wishes to independently explore their own options. This may include finding a path to work for a U.S. employer, investing in a U.S. business, adjusting from a work visa to a green card, or using a special skill to obtain status in the U.S.

In all these situations, Sarpa Law is able to determine what path may be available to you or your company, and the process involved. An attorney will work with all parties to develop the best strategy to achieve their desired goals and timelines. Our law firm works with various employees and their companies to solve their immigration challenges.

Ready to Start Your Employment-Based Immigration Journey?
Contact us today at (541) 262-6677 or online for a consultation and let our experienced attorneys guide you through the process.

Explore our most common employment and business immigration services:

• H-1B and H-4
• PERM Labor Certification
• Work Permit (EAD/I-765) and Travel Permit (Advance Parole/I-131)
• Extension or Change of Status (I-539)
• J-1 Waivers (I-612/DS-3035)
• EB-1 Extraordinary Ability (I-140)
• L-1A and L-1B intracompany employee transfer (I-129)
• E-1/E-2 investor (I-129)
• O-1 Extraordinary Ability (I-129)
• National Interest Waiver (I-140)
• I-9 Employer Compliance

Types of Work Visas for Skilled Workers

There are several work visa options available for skilled workers seeking to work in the United States. Here are some of the most common:

• H-1B Visa:

  • This is one of the most popular work visas for foreign workers in specialty occupations.
  • To qualify, the worker must have at least a bachelor's degree or equivalent in a specific field.
  • The employer must demonstrate the need for a specialized skill set that is not readily available in the U.S. workforce.
  • H-1B visas are subject to an annual cap and require a lottery system due to high demand.

• O-1 Visa:

  • For individuals who possess extraordinary abilities in fields such as science, business, arts, or athletics.
  • This visa is available to those who can show a sustained level of national or international recognition for their achievements.
  • The O-1 visa is not capped, and the application process can be faster than H-1B.

• L-1 Visa:

  • This visa is for intra-company transfers of employees who work in managerial, executive, or specialized knowledge roles.
  • The employee must have worked for the company abroad for at least one year before transferring to a U.S. office.
  • L-1A is for managers and executives, while L-1B is for employees with specialized knowledge.

Green Card Process for Employment-Based Immigrants

Transitioning from a work visa to a permanent resident (green card) status is a multi-step process:

1. PERM Labor Certification:

   • For most work-based green card applicants, the first step is for the employer to obtain a PERM Labor Certification, showing that no qualified U.S. workers are available for the position.

2. I-140 Immigrant Petition:

   • The employer files an I-140 petition to confirm the worker’s qualifications and job offer. The worker's qualifications must meet specific criteria for the green card category.

3. Adjustment of Status (Form I-485):

   • Once the I-140 petition is approved, the worker can apply for a green card through Adjustment of Status (if in the U.S.) or consular processing (if outside the U.S.).

4. Timeline:

   • The process can take several months to years depending on the applicant's visa category and country of origin. For example, countries with high demand for U.S. green cards (like India and China) may experience longer wait times.

Business Immigration Options for Entrepreneurs and Investors

Foreign entrepreneurs and investors can explore different visa options to start or invest in a U.S. business:

• E-1/E-2 Investor Visas:

  • The E-1 visa is for individuals involved in substantial trade between the U.S. and their home country, while the E-2 visa is for investors who plan to direct a business in the U.S.
  • These visas allow individuals to live and work in the U.S. to manage and oversee their investment or trade operations.

• EB-5 Investor Visa:

  • For entrepreneurs willing to invest $1 million (or $500,000 in targeted employment areas) in a U.S. business that creates at least 10 full-time jobs for U.S. workers.
  • This visa provides a pathway to a green card for the investor and their immediate family.

• L-1 Visa for Entrepreneurs:

  • If an entrepreneur has a business abroad and wants to expand it into the U.S., the L-1 visa allows the business owner to transfer key employees to the U.S. to establish and run the U.S. branch.

Each of these options comes with specific requirements and benefits, making it essential to choose the right visa based on your business goals and investment plans.

Frequently Asked Questions (FAQ)

• Can I apply for a work visa while still in my home country?
• Yes, you can apply for a work visa from outside the U.S. Many skilled workers, including those applying for H-1B or O-1 visas, begin the process in their home country. Once approved, you will be able to enter the U.S. to start work.
• What happens if my H-1B visa expires?
  If your H-1B visa expires and you wish to continue working in the U.S., your employer can apply for an extension. If you are transitioning to a green card, the green card process will continue to allow you to stay in the country.
• How long does the green card process take?
  The green card process can vary widely based on the specific category and country of origin. It can take anywhere from a few months to several years, depending on factors like the visa category, whether you are applying from within or outside the U.S., and the demand for green cards from your country.
• Can I apply for a work visa if I don’t have a job offer in the U.S.?
  Most work visas, like the H-1B and L-1, require a valid job offer from a U.S. employer. However, certain visas, like the O-1 visa for individuals with extraordinary abilities, do not require a job offer but instead focus on your achievements and recognition in your field.
• Are there any visa options for entrepreneurs looking to start a business in the U.S.?
  Yes, entrepreneurs can apply for E-1 or E-2 visas to conduct substantial trade or investment in the U.S. The EB-5 visa is another option for investors willing to invest a significant amount of capital into a U.S. business that creates jobs for U.S. workers.
• What if my visa application is denied?
  If your visa application is denied, you may have the option to appeal the decision or reapply, depending on the circumstances. It's essential to consult with an immigration lawyer to understand your options and potentially address any issues with the application.

Need Help with Work Visas or Green Cards?
Call us at (541) 262-6677 or reach out online for personalized legal assistance with your employment immigration needs.