Employment-Based Immigration in the USA: A Complete Guide

💼 The U.S. offers a variety of immigration pathways for foreign professionals, skilled workers, and investors. Employment-based immigration allows individuals to live and work in the U.S. either temporarily or permanently.

This guide explains key employment-based visas, green card categories, and how BorderlessLawyers supports applicants and employers throughout the process.


Non-Immigrant Work Visas (Temporary)

H-1B Visa – Specialty Occupations

📊 For professionals in fields like IT, finance, engineering, and healthcare. Requires employer sponsorship.

L-1 Visa – Intra-Company Transfers

🏢 For employees of multinational companies transferring to a U.S. office.

O-1 Visa – Individuals with Extraordinary Ability

🌟 For highly accomplished individuals in science, arts, education, athletics, or business.

TN Visa – NAFTA/USMCA Professionals

🇲🇽🇨🇦 Available to Canadian and Mexican professionals under trade agreements.

E-2 Visa – Treaty Investor

💸 For investors from treaty countries investing in a U.S. business.


Immigrant Work Visas (Employment-Based Green Cards)

EB-1 – Priority Workers

🏅 For individuals with extraordinary ability, outstanding professors/researchers, or multinational executives.

EB-2 – Advanced Degree or Exceptional Ability

🎓 For professionals with advanced degrees or exceptional ability; may include National Interest Waiver (NIW).

EB-3 – Skilled Workers, Professionals, and Other Workers

🔧 For individuals with at least 2 years of experience, bachelor’s degrees, or unskilled labor.

EB-4 – Special Immigrants

🙏 For religious workers, broadcasters, and other special immigrant categories.

EB-5 – Immigrant Investor Program

🏗️ Requires an investment of $800,000+ and job creation in the U.S.


The Application Process

  1. 📝 Employer Petition (Form I-129 or I-140)

  2. 📊 Labor Certification (PERM) – For most EB-2 and EB-3 cases

  3. 📬 Visa Processing or Adjustment of Status

  4. USCIS or Consular Approval


How BorderlessLawyers Supports Employers & Applicants

  • Drafting petitions and business plans

  • Handling PERM and recruitment process

  • Preparing responses to Requests for Evidence (RFEs)

  • Advising on compliance and audits

  • Supporting multinational and startup companies


FAQs

Q: What is the H-1B cap?
🎯 The annual cap is 65,000, plus 20,000 for master’s degree holders.

Q: Can I bring my spouse and children?
👨‍👩‍👧 Yes, most work visas allow dependents under H-4, L-2, or similar.

Q: How long does an employment-based green card take?
⏳ EB-1 may take under a year; EB-2/EB-3 may take 1–3+ years depending on country of origin.


Start Your Work-Based Immigration Journey

BorderlessLawyers helps professionals, companies, and investors build their futures in the U.S. Contact us today to book your consultation and get expert support for your employment-based immigration case.

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