Employment Immigration

New Jersey Employment Immigration Attorneys

Employment Immigration Attorneys in New Jersey

Helping U.S. Employers, Foreign Professionals, and Investors Navigate the Immigration Process

At Parikh Law Group, we provide trusted legal guidance for individuals and businesses navigating the complex world of Employment Immigration. Whether you’re a U.S. employer hiring global talent, a professional seeking a job opportunity in the U.S., or an investor looking to build a business here, our experienced New Jersey immigration attorneys are ready to help.

Why Choose Parikh Law Group?

  • Extensive experience in Employment Immigration law
  • Tailored strategies for employers, professionals, entertainers, religious workers, and investors
  • Comprehensive legal support from initial strategy to final resolution
  • Trusted by businesses, nonprofits, artists, and international entrepreneurs

Our Employment Immigration Services

We offer a full range of Employment Immigration solutions, including:

Visas for Skilled Professionals

  • H-1B visas – For workers in specialty occupations
  • TN visas – For Canadian and Mexican professionals under USMCA
  • PERM labor certification – Employer-sponsored green card applications
  • EB-2 and EB-3 green cards – For professionals and skilled workers
  • L-1 visas – For managers and executives transferring within multinational companies

Visas for Entertainers, Artists, and Athletes

  • O-1 visas – For individuals with extraordinary ability in the arts, sciences, education, business, or athletics
  • P visas – For performers, entertainers, and athletes

Religious Workers and Cultural Exchange

  • R-1 visas – For religious workers and ministers
  • J-1 visas – For exchange visitors, including Doctors Au Pairs

Investor Visas

  • EB-5 Immigrant Investor Program – Pathway to permanent residence through qualifying investments
  • E-2 Treaty Investor visas – For nationals of treaty countries investing in U.S. businesses

Corporate immigration planning and workforce strategy

  • I-9 compliance and audit representation

Who We Serve

  • U.S. employers, corporations, and startups
  • Engineering and tech companies
  • Entertainers, artists, and athletes
  • Religious institutions and nonprofit organizations
  • Au Pair sponsors and cultural exchange programs
  • International investors and entrepreneurs

Take the First Step Today

Navigating U.S. immigration law can be challenging, but with the right legal team, your path to Employment Immigration becomes clear and achievable. At Parikh Law Group, we provide personalized guidance and unwavering support through every stage of the process.

Contact our office today to schedule a consultation with one of our New Jersey Employment Immigration attorneys and get started on your immigration journey.

What Is Employment Immigration?

Understanding Temporary and Permanent Work Visas in the United States

Employment Immigration refers to the legal process that allows foreign nationals to live and work in the United States. In most cases, individuals must first secure a job offer from a U.S. employer and obtain the appropriate visa before entering the country for employment purposes.

Depending on the type of visa granted, foreign workers may be permitted to work in the U.S. on a temporary basis or be granted permanent residency through an Employment green card. Choosing the right visa category—and meeting the specific eligibility requirements—can be complex. That’s why both employers and employees benefit from working with experienced immigration attorneys.

Temporary (Non-Immigrant) Work Visas

Temporary employment visas allow foreign nationals to work in the U.S. for a limited period, typically ranging from a few months to several years, depending on the specific visa. These visas do not grant permanent residency. Once the employment period ends, the worker is generally required to return to their home country unless they qualify for a change or extension of status.

To apply for a temporary work visa, the U.S. employer must first file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the prospective employee.

Common types of temporary work visas include:

  • H-1B Visa – For professionals in specialty occupations requiring a bachelor’s degree or higher
  • H-2A Visa – For temporary agricultural workers
  • H-2B Visa – For seasonal, non-agricultural workers
  • O-1 Visa – For individuals with extraordinary ability in sciences, arts, education, business, or athletics
  • R-1 Visa – For religious workers
  • P Visa – For entertainers, artists, and athletes
  • J-1 Visa – For exchange visitors, including foreign trained doctors Au Pairs

Permanent (Immigrant) Work Visas

Foreign nationals who wish to live and work in the U.S. permanently can apply for an Employment immigrant visa, which leads to lawful permanent residency, also known as a green card. Once granted, permanent residents may live and work in the United States indefinitely and become eligible to apply for U.S. citizenship after five years of continuous residence.

There are five Employment (EB) immigrant visa categories, each with distinct eligibility criteria:

  • EB-1 – This visa is for immigrants with extraordinary abilities in the arts, sciences, athletics, education, or business. It’s also available to multinational executives and managers, as well as outstanding researchers and professors
  • EB-2 – This visa is for professionals with advanced degrees or exceptional ability in the sciences, arts, or business fields
  • EB-3 – This visa is for skilled workers with at least two years of experience or training, as well as educated professionals and other workers interested in coming to the U.S. for work
  • EB-4 – This visa is for special immigrants, including religious workers and certain employees of international organizations
  • EB-5 – Also known as the investor visa, this option is for immigrants with the money to invest in a new commercial enterprise that employs at least ten U.S. citizens full-time. The investment must be at least $1,050,000, or $800,000 if the new business would be in a targeted employment area

Whether you’re a potential employee or employer, it’s important to note that most EB visas require employer sponsorship before approval. In particular, the EB-1, EB-2, EB-3, and EB-4 visas typically require the immigrant worker to have proof of an offer of employment in the U.S., meaning the employer must petition on their behalf to begin the application process.

However, the EB-5 visa allows applicants to self-petition since immigrant investors are opening a new business, not working for a U.S. employer. Additionally, in some cases, immigrants can apply for certain types of EB-1 and EB-2 visas without a sponsor. This depends on the specific circumstances, which is why it’s helpful to hire a trusted immigration law firm before starting the application process. 

f you’re unsure which employment visa best fits your situation, contact our New Jersey immigration law firm to speak with an experienced attorney about your options. We’ll help you understand the best path forward based on your goals and qualifications.

What Is the Employment Immigration Process?

A Step-by-Step Guide for Foreign Workers and U.S. Employers

The Employment Immigration process allows foreign nationals to live and work in the United States either temporarily or permanently, depending on the type of visa. At Parikh Law Group, our experienced New Jersey immigration attorneys guide both U.S. employers and foreign professionals through each step of this complex legal process.

Understanding the required steps ahead of time can make your case more efficient and reduce costly delays.

Step 1: Obtain a Valid Job Offer from a U.S. Employer

The process typically begins with a job offer from a U.S. business. If you are a foreign national seeking employment in the U.S., you must first secure a formal offer from a U.S. employer.
If you’re a U.S. business owner or hiring manager, be prepared to extend a written job offer before proceeding with any immigration filings.

Step 2: Choose the Right Employment Visa Category

The next step is identifying the appropriate Employment visa based on the job type, required education or experience, and the worker’s qualifications. Common categories include:

  • H-1B Visa – For professionals in specialty occupations
  • L-1 Visa – For intra-company transferees
  • O-1 Visa – For individuals with extraordinary ability
  • EB-2 or EB-3 Visas – For professionals, skilled workers, and those with advanced degrees

Your visa category determines whether you will pursue a temporary (non-immigrant) or permanent (immigrant) pathway.

Step 3: Complete the PERM Labor Certification (If Required)

Some Employment green card categories, such as EB-2 and EB-3, require the employer to complete the PERM labor certification process.
This involves demonstrating to the U.S. Department of Labor that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively impact wages or working conditions for U.S. employees.

Step 4: File Form I-140 – Immigrant Petition for Alien Worker

Once the job offer and labor certification (if required) are in place, the next step is for the employer (or in limited cases, the worker) to file Form I-140 with U.S. Citizenship and Immigration Services (USCIS).

This petition must include:

  • The official job offer letter
  • Documentation of the worker’s education and work experience
  • Evidence of the employer’s financial ability to pay the offered wage

Step 5: Apply for a Visa or Adjust Status

If USCIS approves the I-140 petition, the worker can move forward with the final stage of the immigration process:

  • If outside the U.S.: Apply for a visa through consular processing at the nearest U.S. embassy or consulate. This includes an interview and document review.
  • If inside the U.S.: File Form I-485 to adjust status and become a lawful permanent resident without leaving the country.

Legal Support Every Step of the Way

Whether you are a U.S. employer sponsoring foreign talent or a skilled worker pursuing permanent residency, the Employment Immigration process can be complex and document-intensive. Mistakes or delays can lead to denials or lost opportunities.

At Parikh Law Group, our knowledgeable New Jersey immigration lawyers provide strategic legal guidance throughout the process. We can:

  • Help you select the right employment visa
  • Prepare and file all required immigration forms
  • Advise you through PERM labor certification and USCIS petitions
  • Assist with consular interviews or adjustment of status
  • Represent you in immigration-related matters

Speak with a New Jersey Immigration Attorney Today

If you’re ready to begin your Employment Immigration journey or need help understanding your visa options, we’re here to help.

Contact Parikh Law Group today to schedule a consultation with an experienced immigration attorney and take the next step toward achieving your goals in the United States.

Frequently Asked Questions About Employment Immigration

What are the main Employment green card categories?

The main categories are:

  • EB-1: For individuals with extraordinary ability (EB-1A), multinational executives/managers (EB-1C), and outstanding professors/researchers.
  • EB-2: Advanced degree holders or those with exceptional ability, with options for NIW.
  • EB-3: Skilled and unskilled workers and professionals.
  • EB-4: Special immigrant categories including religious workers.
  • EB-5: Immigrant investors meeting investment and job creation criteria.

What is the EB-2 visa category?

The EB-2 visa is for foreign nationals with an advanced degree (master’s or higher) or exceptional ability in their field. Applicants may require a job offer and labor certification unless qualifying for a National Interest Waiver (NIW).

What is the difference between EB-2 and EB-3 categories?

EB-2 requires an advanced degree or exceptional ability, often with shorter wait times. EB-3 is for skilled workers (2+ years experience), professionals with bachelor’s degrees, or unskilled labor, generally with longer backlogs.

What is PERM labor certification and who needs it?

PERM certifies no qualified U.S. workers are available for the job and that foreign employment won’t adversely affect wages or conditions. It’s mandatory for most EB-2 and EB-3 cases before filing Form I-140.

Is there an annual cap on H-1B visas?

Yes, the cap is 65,000 visas annually, plus 20,000 reserved for U.S. master’s degree holders.

What is a National Interest Waiver (NIW)?

NIW waives job offer and PERM requirements for EB-2 applicants whose work benefits the U.S. national interest, allowing self-petition without employer sponsorship.

How do I qualify for an NIW?

You must demonstrate an advanced degree or exceptional ability, that your work has substantial merit and national importance, you are well-positioned to advance it, and that waiving labor certification benefits the U.S.

What is the EB-5 Immigrant Investor Program?

EB-5 grants green cards to investors who invest at least $1,050,000 (or $800,000 in targeted areas) in U.S. businesses creating at least 10 full-time jobs.

Do EB-5 investors require job offers or labor certification?

No. Qualification is through investment amount and job creation, without employer sponsorship.