Employment Immigration | Gibli Law

Employment and Investment Based Immigration

With immigrant-owned businesses comprising 1 in 10 of the startups opened in the US each month and foreign-born students making up more than 40% of the talent pool graduating from Masters and Ph.D. programs throughout America, immigration law is an essential component of doing business today.

We take personal care in obtaining the right immigration status for you or your employees. Immigration law is one of the most complex areas of law in the US and the consequences for mistakes can be grave. We work smart and hard to ensure that businesses are able to secure top talent from around the world and help foreign entrepreneurs complete the procedures needed to come to the US.

Temporary (Nonimmigrant) Visas for Workers, Entrepreneurs and Investors:

In order for you to come to the United States lawfully as a nonimmigrant to work temporarily in the United States your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS. Only a few nonimmigrant classifications allow you to obtain permission to work in the U.S. without an employer having first filed a petition on your behalf. Such classifications include the nonimmigrant E-1, E-2, E-3 and TN classifications.

Green Card (Immigrate Visas) for Workers, Entrepreneurs and Investors:

According to the USCIS, Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States. The five employment-based immigrant visa preferences (categories) are listed below.

We provide services to workers, entrepreneurs and investors seeking a nonimmigrant or immigrant work visa in the following categories:

Temporary (Nonimmigrant) Visas:

Classification	General Description	Spouses and Children
E-1	Treaty traders and qualified employees.	E-1*
E-2	Treaty investors and qualified employees.	E-2*
E-3	Certain “specialty occupation” professionals from Australia.	E-3*
H-1B	Workers in a specialty occupation and the following sub-classifications:	H-4
H-1B1	Free Trade Agreement workers in a specialty occupation from Chile and Singapore.	H-4
H-1B3	Fashion models of distinguished merit and ability.	H-4
H-3	Trainees other than medical or academic.	H-4
I	Representatives of foreign press, radio, film or other foreign information media.	I
L-1A	Intracompany transferees in managerial or executive positions.	L-2*
L-1B	Intracompany transferees in positions utilizing specialized knowledge.	L-2*
O-1	Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production.	O-3
O-2	Persons accompanying solely to assist an O-1 nonimmigrant.	O-3
P-1A	Internationally recognized athletes.	P-4
P-1B	Internationally recognized entertainers or members of internationally recognized entertainment groups.	P-4
P-2	Individual performer or part of a group entering to perform under a reciprocal exchange program.	P-4
P-3	Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique.	P-4
R-1	Religious workers.	R-2
TN	North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada.	TD

* Can apply for work permit

Green Card (immigrant visa) Preferences Categories:

Preference	General Description
EB-1	This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.
EB-2	This preference is reserved for persons who are members of the professions holding advanced degrees (U.S. degree or foreign equivalent) or for persons with exceptional ability in the arts, sciences, or business.
EB-3	This preference is reserved for professionals, skilled workers, and other workers. “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
EB-4	This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.
Eb-5	This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.

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