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Employment-Based Visas: Options for Skilled Workers and Employers

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If you’re a professional seeking to work in the United States or a business looking to hire talent from abroad, understanding employment-based visas is essential. The process can be complex, with multiple visa types and legal requirements to consider. For employers, the right visa can help fill critical roles. For foreign workers, it can open the door to new career opportunities and even long-term residency.

At Coleman Jackson, P.C., we work with individuals and companies across Texas and beyond to help them pursue the best immigration path forward. Here’s a breakdown of the most common employment-based visa options and how they work.

What Is an Employment-Based Visa?

Employment-based visas enable foreign nationals to reside and work in the United States, either temporarily or permanently, depending on the specific visa type. These visas fall into two broad categories:

  • Non-immigrant (temporary) visas, which allow foreign workers to stay for a specific period
  • Immigrant (green card) visas, which provide permanent resident status

Let’s look at the most common types available to skilled workers and employers.

Temporary Visas for Skilled Workers

H-1B: For Specialty Occupations

The H-1B is one of the most sought-after employment visas. It’s for workers in specialty occupations, typically jobs that require a bachelor’s degree or higher in a specific field, such as IT, engineering, finance, or healthcare.

Key facts:

  • Requires employer sponsorship
  • Subject to an annual cap (currently 85,000 visas per year)
  • Valid for up to six years (initial three-year stay with one extension)

The H-1B process involves a lottery system, and timing is critical. Employers must also file a Labor Condition Application (LCA) to show the wage meets U.S. standards.

L-1: Intra-Company Transfers

Have a multinational company? The L-1 visa allows businesses to transfer employees from a foreign office to a U.S. branch.

  • L-1A: For executives and managers
  • L-1B: For employees with specialized knowledge

This is ideal for growing companies with global reach.

O-1: For Individuals with Extraordinary Ability

If you’re a standout in your field, such as science, the arts, education, business, or athletics, the O-1 visa may be a suitable option for you.

Unlike the H-1B, the O-1 has no cap and can be renewed indefinitely as long as the work continues.

Green Cards Through Employment

Looking for long-term stability? Employment-based green cards offer a path to permanent residence. These are grouped into five preference categories (EB-1 through EB-5). The most common for skilled workers include:

EB-1: Priority Workers

For individuals with extraordinary ability, outstanding professors or researchers, or multinational executives. This category doesn’t always require a labor certification, making it a faster option than others.

EB-2: Professionals with Advanced Degrees

If you have a master’s degree or higher, or a bachelor’s plus five years of progressive experience, you may qualify for the EB-2 category. In most cases, the employer must complete the PERM labor certification process to demonstrate that there are no qualified U.S. workers available for the position.

EB-3: Skilled Workers and Professionals

This category covers:

  • Professionals with at least a bachelor’s degree
  • Skilled workers with at least two years of training or experience

PERM certification is also required, and backlogs can impact wait times.

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Tips for Employers

  • Start early. Visa petitions can take months or longer. Advance planning is essential.
  • Stay compliant. Immigration rules change often. Ensure that your practices comply with Department of Labor and USCIS guidelines.
  • Work with a lawyer. A small mistake can result in denial or delay. A trusted immigration attorney can guide you through the process from start to finish.

Your Dallas Immigration Law Firm

At Coleman Jackson, P.C., we help skilled professionals and employers navigate the complex world of employment-based immigration successfully. Whether you’re sponsoring a key hire or pursuing a green card, we provide personalized, legally sound strategies that work.

If you need help exploring your visa options, contact us today to schedule a consultation. We’re here to make immigration law clearer and your future in the U.S. more secure.

Note: This law blog is written by the attorneys at Coleman Jackson, P.C., located at 6060 North Central Expressway, Suite 620, Dallas, Texas 75206, for educational purposes only. It does not create an attorney-client relationship between this law firm and the reader. You should consult with legal counsel in your geographic area regarding any legal issues affecting you, your family, or your business.

Coleman Jackson, P.C. | Tax Law, Business Law, Immigration Law | English: (214) 599-0431 | Spanish: (214) 599-0432