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Employment-Based Immigration Information

Businesses need the flexibility to hire the best talent from around the world, and skilled workers need the opportunity to bring their expertise to the United States. But the U.S. employment-based immigration system can be a challenge within itself.

At Gardner & Mendoza, P.C. Immigration Law, our employment immigration lawyers, are here to simplify the process, help you overcome obstacles, and achieve your goals.

Our attorneys have years of experience helping businesses and individuals navigate the full spectrum of employment-based immigration options, from temporary work visas to permanent residency. Let us guide you through the immigration process and help your company be more secure with a stable workforce.

Employment-Based Immigration Services for Businesses

We provide comprehensive immigration services to help businesses attract and retain top global talent, including:

  • H-1B Visas for Specialty Occupations: We help employers sponsor skilled professionals in fields like IT, engineering, finance, and more for H-1B visas.
  • L-1 Visas for Intracompany Transferees: We assist multinational companies in transferring executives, managers, and employees with specialized knowledge to U.S. offices.
  • E Visas for Treaty Traders and Investors: We guide companies from treaty countries in sponsoring essential employees for E-1 and E-2 visas.
  • PERM Labor Certification: We help employers navigate the complex PERM process to sponsor foreign workers for permanent residency.
  • Permanent Residency Petitions: We assist businesses in sponsoring key employees for employment-based green cards in categories like EB-1, EB-2, and EB-3.

Employment-Based Immigration Services for Individuals

We also work directly with skilled foreign nationals seeking employment-based visas and green cards, including:

  • H-1B Visas for Specialty Occupations: We guide professionals in fields like IT, engineering, finance, and more through the H-1B visa process.
  • O Visas for Extraordinary Ability: We help individuals with extraordinary achievements in the sciences, arts, business, or athletics obtain O visas.
  • EB-1 Green Cards for Priority Workers: We assist individuals with extraordinary ability, outstanding researchers and professors, and multinational executives and managers in obtaining EB-1 green cards.
  • EB-2 Green Cards for Advanced Degree Professionals: We help individuals with advanced degrees and exceptional ability navigate the EB-2 green card process, including National Interest Waivers.
  • EB-3 Green Cards for Skilled Workers: We guide professionals, skilled workers, and other qualified individuals through the EB-3 green card process.
  • PERM Labor Certification: We represent individuals in the PERM process and help them overcome obstacles like audits and denials.

No matter what your employment-based immigration needs may be, our knowledgeable attorneys are here to provide the strategic guidance and tireless advocacy you deserve.

Why Choose Gardner & Mendoza, P.C. Immigration Law for Your Employment-Based Immigration Case?

When you partner with Gardner & Mendoza, P.C., Immigration Law for your employment-based immigration needs, you benefit from:

★ Extensive Experience: Our attorneys have decades of combined experience handling various employment-based immigration matters, from the most common to the most complex.
★ Personalized Strategies: We take the time to understand your unique goals and challenges and craft tailored immigration strategies that fit your specific needs.
★ Proactive Guidance: We stay on top of the latest changes in immigration law and policy, and provide proactive advice to help you navigate the ever-shifting landscape.
★ Tireless Advocacy: We’re passionate about helping businesses and skilled workers achieve their American dreams, and we’ll work tirelessly to advocate for your interests every step of the way.
★ Multilingual Services: Our team can assist clients in Spanish, English, and Tagalog, ensuring that language is never a barrier to quality legal representation. We welcome the use of all language interpreters, including ASL.

Frequently Asked Questions

What types of employment-based visas are available?

There are several types of employment-based visas available for foreign workers, including:

  • H-1B visas for specialty occupations
  • L-1 visas for intracompany transferees
  • O-1 visas for individuals with extraordinary ability
  • TN visas for NAFTA professionals from Canada and Mexico
  • E visas for treaty traders and investors
  • R-1 visas for religious workers
  • EB-5 visas for immigrant investors

How long does it take to get an employment-based visa?

The processing time for employment-based visas varies depending on the visa type and the USCIS backlog. Some visas, like H-1Bs, are subject to annual caps that can impact the timeline. In general, the process can take several months to a year or more. Premium processing (15-day expedited) may be available for certain visa types.

What is the process for sponsoring an employee for a green card?

The process for sponsoring an employee for a green card typically involves the following steps:

  1. Obtaining a PERM labor certification from the Department of Labor (for most EB-2 and EB-3 cases)
  2. Filing an I-140 immigrant petition with USCIS
  3. Waiting for the employee’s priority date to become current based on the visa bulletin
  4. Filing an I-485 adjustment of status application or DS-260 immigrant visa application

Can I change jobs while on an employment-based visa?

The rules for changing jobs while on an employment-based visa vary depending on the type of visa. Some visas, like H-1Bs, allow for portability to a new employer after an I-129 petition is filed. Others, like L-1s, are more strictly tied to the sponsoring employer. It’s important to consult with an attorney before making any job changes to ensure you maintain your legal status.

How can an immigration lawyer help with employment-based visas?

An experienced immigration lawyer can provide critical assistance with employment-based visas, including:

  • Determining the most appropriate visa category based on the employee’s qualifications and the employer’s needs
  • Preparing and filing the necessary petitions and applications with USCIS and the Department of Labor
  • Representing the employer and employee in any interviews or requests for evidence
  • Advising on compliance with wage, posting, and other regulatory requirements
  • Developing a long-term immigration strategy for employees, including permanent residency options

Get Started with a Confidential Consultation

If you’re ready to explore your employment-based immigration options, we invite you to contact our office to schedule a confidential consultation. During your consultation, we’ll take the time to learn about your specific needs and goals, answer your questions, and provide an honest assessment of your case. We’ll also transparently discuss our fees and services, so you can make an informed decision about how to proceed.

Don’t navigate the employment-based immigration system alone. Let the dedicated attorneys at Gardner & Mendoza, P.C., Immigration Law be your guide and advocate on the path to achieving your American dream.

Contact us today to get started.

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Testimonials

Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

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Gardner & Mendoza, P.C.
909 First Colonial Rd., Suite 100
Virginia Beach, VA 23454
  • 757-464-9224
  • 757-561-0999
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Our main law office is conveniently located in the Hilltop section of Virginia Beach, near Sentara Virginia Beach General Hospital and Oceana Naval Base.

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  • Radlyn Mendoza
  • Sarah K.F. Lollar
  • Domini Samson

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