The United States employer sponsored immigration lawyers in Milwaukee at Gamiño Law Offices, LLC represent clients, both employers and prospective employees, applying for immigrant and non-immigrant visas through employment.  There are many categories of business based visa categories for persons with different qualifications.  Contact a knowledgeable employment based immigration lawyer in Wisconsin to find out about labor certifications or to determine what type of company sponsored immigration benefits, including temporary work authorization to permanent residency (green cards), is available for you, your business, your employer or your employees.  
For an initial consultation with Milwaukee lawyers doing their best to help with your immigration issues or concerns, 
contact our Milwaukee and Waukesha immigration lawyer.  Also visit our immigration law resources page.  We have a Wisconsin lawyer available to help with all your other legal needs.

Employment Based Immigration Visas for Employers and Employees

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

Immigrant and Non-immigrant Work & Business Visas are available

4.  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.  Labor certifications are obtained through the United States Department of Labor, Employment and Training Administration.  Whether a labor certification is necessary to employ an foreign alien worker, and the process to obtain a labor certification, varies based on the visa program being used for the available employment opportunity.  Information on when a labor certification is needed and how to obtain a labor certification can be found on our labor certification page.  

5.  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, an approved visa petition is only used to demonstrate a qualifying relationship.  An approved petition does not grant any benefit, it only creates a place in line (priority date) for visa processing.  The sole authority to approve or deny visa applications is vested in the consular officials at United States Embassies and Consulates.
  • If you are found ineligible by the consular officer your visa application will be denied.  The official will give you a reason for the denial of your visa, called ineligibility.  Some ineligibilities can be overcome, others are permanent unless a waiver of that ineligibility is authorized by the Department of Homeland Security.
  • Money will not be refunded.  The fees that you paid are non-refundable application processing fees.
  • After being found ineligible you may reapply in the future.  In most cases you must submit a new visa application and pay the fees again. 

6.  How long does it take to get an work based visa?  
The length of time it will take to obtain an business based visa depends on the visa program being used 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.  Priority dates by category may be checked 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.

7.  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.
  • Eligibilty to work upon admittance to the United States.
  • The ability to apply to become a United States citizen once eligible.
  • The right 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.

8.  Can a prospective employee apply for authorization to work if employment was not authorized as a direct result of their current immigration status?
Individual work authorization may be applied for using form I-765, Application for Employment Authorization. Eligible individuals for an employment authorization document include applicants who are:  granted asylum or have been classified or paroled as a refugee and their spouses and children; applicants for deferred action, suspension of deportation, who have been paroled in the public interested, or have been granted 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; and individuals who are eligible for deferred enforced departure, extended voluntary departure, eligible for temporary protected status, extension of TPS, or NACARA relief.

9.  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.  Employers in the United States are required to verify employment eligibility for all employees.  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 waiver is available for almost all grounds of inadmissibility through the Admissibility Review Office, but must be applied for at a U.S. Consulate abroad (except for Canadian applicants).  
   
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Information on Work Based Options by Immigration Lawyers in Milwaukee, Wisconsin:

1.  What types of business based visas are there?
          - Persons with Extraordinary Ability in science, art, education, business, or             athletics.
          - Outstanding Professors and Researchers .   
​          - Multinational Managers or Executives
          - Professionals Holding an Advanced Degree
          - Persons with Exceptional Ability
          - Skilled Workers
          - Professionals
          - Unskilled workers (other workers) ​
          - Special Immigrants​
          - Immigrant Investor

2.  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).  A labor             certification is not required for any of the first preference priority worker subgroups.  
  • Persons with Extraordinary Ability in science, art, education, business, or athletics:  Must have demonstrate continuing national or international recognition.  A specific job offer in the United States is not required if the applicant will work in the field of their extraordinary ability once admitted.  Applicants can file an immigrant petition for an alien worker on their own behalf.
  • Outstanding Professors and Researchers:  Must be internationally recognized with at least 3 years of teaching or research experience.  A specific job offer is required which involves the applicant pursuing tenure, teaching in a tenure track, or a similar research position at a university or other institution of higher education.  The I-140 petition must be filed by the prospective employer. 
  • Multinational Managers or Executives:  Must be employed in a managerial or executive capacity by an overseas affiliate, branch, parent, or subsidiary of a US employer where the applicant has worked for at least 1 of the last 3 years and be coming to the United States to work in a similar capacity.  The applicant must have a specific job offer and the immigration petition for alien worker must be filed by the prospective employer.

Employment 2nd Preference (EB2).  A large number of employment based visas are available for 2nd preference workers (28.6 & any unused EB1 visas). A PERM labor certification is required to have been approved for the prospective employer for both of the second preference worker subgroups, unless a national interest waiver is obtained.  Any I-140 petitions for 2nd preference workers must be filed by the prospective employer unless an exemption is granted in the national interest which allows an applicant may self-petition.  The worker subgroups include:
  • Professionals Holding an Advanced Degree:  Must have at least a bachelor's degree and a minimum of 5 years 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).  A foreign labor certification is required to to have been approved for the prospective employer for all of the third preference worker subgroups.  Any employment based immigrant visa petition must be filed by the prospective employer for any of the 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 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).  A foreign labor certification is not required for 4th preference, Special Immigrants; and some may file the I-360 or DS-1884 on their own behalf according to the subgroup category applicibility.  Special Immigrants categories are discussed 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 that will create or preserve at least 10 full time jobs for qualified U.S. workers (citizen, permanent resident, or other immigrant already authorized to work in the United States) generally within 2 years.  The applicant must be investing a minimum of $1,000,000; unless investing in a business in a target employment area (a rural area or an area with high unemployment).
United States Business Immigration Lawyers in Milwaukee, WI
3. What is the procedure for an employer to sponsor a prospective employee?
  • Determine what visa category or categories under which you are eligible to sponsor a prospective employee.
  • Obtain a foreign labor certification from the U.S. Department of Labor, if required for the visa category that applies to the position being offered.
  • File a petition for a visa, using an I-140 Immigrant Petition for Alien Worker or an I-129 Petition for an Nonimmigrant Worker.
  • ​If the petition is approved a Notice of Action/Approval will be sent to the prospective employer.
  • 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 they have been authorized to do so.    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.
Temporary Workers.  There are many classifications of nonimmigrant work or corporate based visas available.  
  • 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 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
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