United States Immigration Attorneys in Milwaukee Wisconsin

Employment-Based Immigration Visa - US immigration attorneys in Milwaukee, Wisconsin

The United States employer-sponsored immigration attorneys in Milwaukee, Wisconsin, represent clients applying for immigrant and non-immigrant visas through employment. Our lawyers represent both employers and prospective employees.

Labor Certifications and US I-140 Green Card Lawyer in Milwaukee, Wisconsin

There are many categories of business based visa categories for persons with different qualifications. Specifically, in Wisconsin, we recommend you contact a knowledgeable employment-based immigration attorneys in Milwaukee for assistance with work based visas. Indeed, our immigration lawyers can help you with labor certifications and determining what type of company-sponsored immigration benefits are available for you. We also assist with any immigration needs from temporary work authorization to permanent residency (green cards). In summary, we are available for you, your business, your employer, or your employees.

FAQ about US Immigration benefits through business and employment

  • What types of employment-based visas are there?
  • Are there eligibility requirements for employment-based visas?
  • What is the procedure for an employer to petition a potential employee to come to the U.S.?
  • What is foreign labor certification?
  • Can I do anything if my visa petition or application is denied?
  • How long does it take to obtain a visa through employment?
  • What are the immigration benefits available through employment based immigration?
  • Can I apply for employment authorization if I did not receive employment authorization as a direct result of my immigration status?
  • Is my employee eligible for a visa if they are already in the United States illegally?

Immigrant and Non-immigrant Work & Business Visas are available

What types of business based visas are there?
Employment First Preference (EB1) Priority Workers
  • Persons with Extraordinary Ability in science, art, education, business, or athletics.
  • Outstanding Professors and Researchers.   
  • ​Multinational Managers or Executives
Employment Second Preference (EB2)
  • Professionals Holding an Advanced Degree
  • Persons with Exceptional Ability
Employment Third Preference (EB3)
  • Skilled Workers
  • Professionals
  • Unskilled workers (other workers) ​
Employment Fourth Preference (EB4)
  • Special Immigrants​
Employment Fifth Preference (EB5)
  • Immigrant Investor
Temporary (Nonimmigrant) Workers
What are the eligibility criteria for the business based visa categories?

Employment 1st Preference (EB1) Priority Workers.  

A large number of employment based visas are available for priority workers (28.6).  An employer does not need to obtain a labor certification for any of the first preference priority worker subgroups.  

  • Persons with Extraordinary Ability in science, art, education, business, or athletics:  Must demonstrate continuing national or international recognition.  However, the applicant does not need to have a specific job offer in the United States if the applicant will work in the field of their extraordinary ability once admitted.  Furthermore, applicants can file an immigrant petition for an alien worker on their own behalf.
  • Outstanding Professors and Researchers:  Must have international recognition with at least 3 years of teaching or research experience.  However, a specific job offer is required. Specifically, the job offer must involve the applicant pursuing tenure, teaching in a tenure track, or a similar research position at a university or other institution of higher education.  Further, the prospective employer must file a I-140 petition. 
  • Multinational Managers or Executives:  Must have employment in a managerial or executive capacity by an overseas affiliate, branch, parent, or subsidiary of a US employer. Additionally, the applicant must have worked for at least 1 of the last 3 years for the employer. Furthermore, the applicant must come to the United States to work in a similar capacity.  Finally, the applicant must have a specific job offer and an immigration petition for the alien worker must be filed by the prospective employer.
Employment 2nd Preference (EB2). 

Similarly, a large number of employment based visas exist for 2nd preference workers (28.6 & any unused EB1 visas). The prospective employer must possess an approved PERM labor certification for both of the second preference worker subgroups, unless a national interest waiver is obtained.  Our immigration attorneys in Milwaukee, Wisconsin are available to assist employers with labor certifications. Specifically, the employer must file any I-140 petitions for 2nd preference workers. However, an exemption allowing the applicant to self-petition is possible if in the national interest.  The worker subgroups include the following:

  • Professionals Holding an Advanced Degree:  Must have at least a bachelor’s degree and a minimum of 5 years of experience in the profession or beyond a bachelor’s degree.
  • Persons with Exceptional Ability:  Must have significantly greater ability in the arts, science, or business than normally encountered.
Employment Third Preference (EB3)

A large number of employment based visas are available for 3rd preference workers (28.6% of employment based visas & any unused EB1 or EB2 visas).  However, the employer must obtain a foreign labor certification. Specifically, the prospective employer of any third preference worker subgroups have an approved labor certification. Additionally, the prospective employer must file any employment based immigrant visa petition for any of the following worker subgroups:

  • Skilled Workers:  Persons whose job requires at least 2 years of training or work experience that are not temporary or seasonal workers.
  • Professionals:  Persons whose job requires at least a bachelor’s degree from a US or foreign college, university, or equivalent institution of higher education.
  • Unskilled workers (other workers):  Persons whose job requires less than 2 years of training or experience that are not temporary or seasonal workers. ​
Employment Fourth Preference (EB4)

A small number of employment based visas are available for 4th preference workers (7.1% of the employment based visas).  Indeed, a foreign labor certification is not required for 4th preference, Special Immigrants. Furthermore, some may file the I-360 or DS-1884 on their own behalf according to the subgroup category applicability.  For more information, we specifically discuss Special Immigrants categories in our Green Cards page.  

Employment Fifth Preference (EB5)

Immigrant employment visas are available for 5th preference workers who are investors in a new commercial enterprise in the United States. Specifically, the investment must create or preserve at least 10 full-time jobs for qualified U.S. workers generally within 2 years.  In particular, a U.S. worker includes a citizen, permanent resident, or other immigrants already authorized to work in the United States. Further, the applicant must be investing a minimum of $1,000,000. However, the applicant may invest less if investing in a business in a target employment area, for example, a rural area or an area with high unemployment.

Temporary Workers

There are many classifications of nonimmigrant work or corporate-based visas available.  The following is a list of temporary worker classifications.

  • CW-1:  CNMI-Only transitional worker
  • E-1:  Treaty traders and qualified employees
  • E-2:  Treaty investors and qualified employees
  • ​E-2C:  Long term foreign investors in the CNMI
  • E-3:  Certain “specialty occupation” professionals from Austalia
  • H-1B Workers in a specialty occupation and sub-classifications:
  • H-1B1:  Free trade agreement workers in a specialty occupation from Chile or Singapore
  • H-1B2:  Specialty occupations related to Department of Defense Cooperative Research and Development projects or co-production projects.
  • H-1B3:  Fashion models of distinguished merit and ability
  • H-1C:  Registered nurses working in a health professional shortage area as determined by the Department of Labor
  • ​H-2A:  Temporary or seasonal agricultural worker
  • H-2B:  Temporary non-agricultural worker
  • H-3:  Trainees other than medical or academic (but, including practical training in the education of disabled children)
  • I:  Representatives of foreign press, radio, film or other foreign information media
  • L-1A:  Intracompany transferees in managerial or executive positions
  • L-1B:  Intracompany transfers in positions utilizing specialized knowledge
  • O-1:  Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or t.v. productions
  • O-2:  Persons accompanying solely to assist an O-1 nonimmigrant
  • P-1A:  Internationally recognized athletes
  • P-1B:  Internationally recognized entertainers or members of internationally recognized entertainment groups
  • P-2:  Individual performer or part of a group entering to perform under a reciprocal exchange program
  • P-3:  Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique
  • Q-1:  Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien’s home country
  • R-1:  Religious workers
  • TN:  North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada
What is the procedure for an employer to sponsor a prospective employee?
  • First, determine what visa category or categories under which you are eligible to sponsor a prospective employee.
  • Next, obtain a foreign labor certification from the U.S. Department of Labor, if required for the visa category that applies to the offered position.
  • Then, file a petition for a visa, using an I-140 Immigrant Petition for Alien Worker or an I-129 Petition for a Nonimmigrant Worker.
  • Subsequently, if the petition is approved, a Notice of Action/Approval will be sent to the prospective employer.
  • In particular, the Notice of Action may be used as evidence for adjustment of status for prospective employees who are already in the United States, or may be used to apply for a visa through consular processing for prospective employees who are outside of the United States.
  • ​Please note, no alien may accept employment in the United States unless authorized to do so.    While some aliens may have employment authorization as a direct result of their immigration status, others may need to apply for permission to work using an I-765, Application for Employment Authorization.
When is a foreign labor certification needed and how is it obtained?

A DOL labor certification authorizes a United States domestic employer to hire foreign workers who do not have independent employment authorization to work in the United States.  Specifically, an employer can obtain a labor certification through the United States Department of Labor, Employment and Training Administration.  However, whether a labor certification is necessary to employ a foreign alien worker varies based on the visa program being used for the available employment opportunity. Similarly, the process to obtain a labor certification also varies based on the visa program being used for the available employment opportunity.  Specifically, information on when a labor certification is needed and how to obtain a labor certification can be found on our labor certification page.  Our immigration attorneys in Milwaukee, Wisconsin would be happy to assist any employer through the labor certification process.

What are my options if my visa petition or application is denied?
  • If the visa petition is denied the denial letter will tell you how to appeal and when you must file an appeal.  The appeal will be referred to the Board of Immigration Appeals.  
  • Note, the purpose of an approved visa petition is only to demonstrate a qualifying relationship.  To the point, an approved petition does not grant any benefit, it only creates a place in line (priority date) for visa processing.  In particular, the consular officials at United States Embassies and Consulates possess the sole authority to approve or deny visa applications.
  • If a consular official finds you ineligible your visa application will be denied.  However, the official will give you a reason for the denial of your visa, called ineligibility.  An applicant can overcome some ineligibilities, but others are permanent unless the Department of Homeland Security authorizes a waiver of that ineligibility.
  • Your money will not be refunded.  The fees that you paid are non-refundable application processing fees.
  • After a finding of ineligibility, you may reapply in the future.  In most cases, you must submit a new visa application and pay the fees again.
How long does it take to get a work based visa?  

The length of time it takes to obtain a business based visa depends on the visa program sought and the individual circumstances of the person applying for the visa.  According to the U.S. Department of State, all categories of immigrant employment based visas are issued in the chronological order in which the petitions are filed until the annual numerical limit for the category is reached.  In some heavily used categories the waiting period may be several years before a priority date is reached.  Anyone may check priority dates by category on the current visa bulletin.  The length of time for any individual visa applicant may vary once the priority date is current, however, based on any issues with the visa application, interview process, or applicant’s eligibility.

What are the immigration benefits received by business sponsored immigrant visa recipients?
  • When an employment sponsored immigration petition is approved the beneficiary may apply for immigrant visas for their spouse and unmarried children under age 21 too.
  • Eligibility for a green card upon admittance to the United States.
  • Eligibility to work upon admittance to the United States.
  • The ability to apply to become a United States citizen once eligible.
  • The ability to apply for a driver’s license in your state.
  • The right to attend public school or college.
  • The right to leave and return to the US under certain circumstances.
Can a prospective employee apply for authorization to work if employment was not authorized as a direct result of their current immigration status?

An individual may apply for work authorization using form I-765, Application for Employment Authorization. Eligible individuals for an employment authorization document include applicants who are:  

  • granted asylum or were classified or paroled as a refugee and their spouses and children
  • applicants for deferred action, suspension of deportation, paroled in the public interested, or who received withholding of deportation or removal
  • foreign students
  • eligible dependents of employees of diplomatic missions, international organizations, or NATO employment based nonimmigrants
  • employment based nonimmigrants
  • family based nonimmigrants
  • adjustment of status applicants
  • citizens of Micronesia, the Marshall Islands, or Paulau
  • individuals with eligibility for deferred enforced departure, extended voluntary departure, eligible for temporary protected status, an extension of TPS, or NACARA relief

Our US immigration attorneys in Milwaukee, Wisconsin assist potential employees to obtain employment authorization whenever an applicant is eligible.

Can my company sponsor an employee who is already in the United States illegally?

​Businesses may sponsor foreign workers who are legally present in the United States if authorized to hire foreign labor and the prospective employee is eligible to adjust status. In particular, employers in the United States must verify employment eligibility for all employees.  Specifically, prospective foreign workers who are unlawfully present (entered without inspection), out of status, or do not have employment authorization in the United States are not permitted to accept employment in the United States.  

An immigrant petition to sponsor a foreign worker illegally present in the United States who is not eligible to adjust status or a worker who is statutorily barred from adjustment of status, will generally be denied unless a waiver of the grounds of inadmissibility is available and approved.   A nonimmigrant worker will find an available waiver for almost all grounds of inadmissibility through the Admissibility Review Office. However, the nonimmigrant worker but must apply for the waiver for at a U.S. Consulate abroad (except for Canadian applicants).  

Finally, contact US immigration attorneys at our law firm in Milwaukee are ready to assist you with any of your Wisconsin immigration law needs today. Also, visit our US Immigration Resources Page for more information.