Burr Ridge Immigration Lawyers

Attorneys for Employment-Based and Family-Based Immigration in Burr Ridge, IL

For anyone who is working to immigrate to the United States, addressing the various challenges involved in the immigration process can be difficult. Whether applying for a visa, seeking permanent residency, or addressing legal obstacles related to admissibility, navigating the U.S. immigration system requires careful attention to detail.

The Burr Ridge immigration lawyers at Khan Nayyar & Associates, LLC provide legal support for people who are seeking temporary work visas, employees who wish to obtain employment-based green cards, and family members who are exploring their immigration options. We provide knowledgeable representation for our clients, helping them take steps to achieve their immigration goals while minimizing complications or delays.

Employment-Based Immigration: H-1B and Other Temporary Work Visas

For foreign nationals who are seeking employment in the United States, temporary work visas may provide authorization to enter the country and work for an employer for several years. One of the most common work visas is the H-1B visa, but other options may be available depending on a worker's qualifications and the available jobs.

Highly skilled foreign workers who work in positions that require a bachelor's degree or higher may qualify for H-1B visas. This visa is typically used by professionals in fields such as finance, technology, and engineering. To qualify for an H-1B visa, an applicant must:

• Have a job offer from a U.S. employer in a qualifying specialty occupation.
• Have earned at least a bachelor's degree or have equivalent experience in the relevant field.

The H-1B program is subject to an annual cap, with a limited number of visas available each year. Certain employers, such as universities and nonprofit research organizations, may be exempt from this cap.

Other Temporary Work Visa Options

• H-2A and H-2B Visas:Some temporary workers may be eligible for short-term stays in the United States. These include agricultural workers and people in other fields who perform temporary or seasonal work.

Our Burr Ridge immigration attorneys can work with employers and employees to determine their best options based on a worker's qualifications and the availability of different types of visas. We can help prepare visa applications, complete labor certifications, and address potential legal challenges.

Employment-Based Green Cards

Foreign workers may obtain lawful permanent residency (a green card) through employer sponsorship under several employment-based visa categories. Priority workers who qualify for EB-1 visas due to extraordinary abilities are given first preference. Other immigrant visas may also be available for workers, including EB-2 visas for people with advanced degrees or exceptional abilities or who can show that their work will be in the national interest of the United States. EB-3 visas may be an option for professionals who have college degrees or an equivalent level of experience, and skilled or unskilled workers may also qualify.

The process for obtaining an employment-based green card typically involves:

1. Labor Certification (PERM): An employer who is sponsoring a foreign worker for a visa must demonstrate that these employment practices will not negatively affect U.S. workers and that no qualified U.S. workers are available for the position.
2. Filing an Immigrant Petition (Form I-140): The employer must submit a visa petition to USCIS on behalf of the worker.
3. Adjustment of Status or Consular Processing: If the worker is in the United States, they may apply for adjustment of status. If outside the U.S., they must complete consular processing at a United States embassy or consulate.

Family-Based Immigration Options

The other primary avenue for immigration is through family-based visas, which can be obtained through sponsorship from American citizens or green card holders. At Khan Nayyar & Associates, LLC, our family-based immigration attorneys can help families navigate the visa application process and address any legal challenges that may arise.

Citizens can provide sponsorship for spouses and parents, who will usually qualify for Immediate Relative visas. Children of citizens may also qualify for Immediate Relative visas, as long as they are under the age of 21 and are not married. Children who are over the age of 21 or who are married may qualify for Family Preference visas. Citizens can also provide sponsorship for their brothers or sisters, who may receive Family Preference visas.

Lawful permanent residents (green card holders) may petition for their spouses and their unmarried children. These family members may be eligible for Family Preference visas.

Immediate relative visas do not have numerical limits, so they will generally have faster processing times. Because of limits on the number of Family Preference visas that are available each year, family members will need to wait until visas become available.

Waivers of Inadmissibility

Certain factors can make an immigrant inadmissible to the United States, preventing them from obtaining a visa or green card. Common grounds for inadmissibility include:

• Unlawful Presence: A person who has stayed in the U.S. after a visa expired or entered the country without authorization may be barred from being admissible for either three or 10 years.
• Criminal Convictions: Certain offenses, including fraud, sexual assault, or crimes of moral turpitude, may result in inadmissibility.
• Public Health Concerns: Certain types of infectious diseases or a lack of required vaccinations may result in inadmissibility.
• Misrepresentation or Fraud: A person accused of providing false information on immigration applications can be barred from admission.

In some cases, a person who has been deemed inadmissible may apply for a waiver of inadmissibility. A waiver may be available if:

• The immigrant has a qualifying relative (such as a U.S. citizen spouse or parent) who would suffer extreme hardship if they were denied entry.
• The inadmissibility is related to minor or nonviolent criminal offenses, and the applicant can show that they have met the requirements for rehabilitation.
• The person entered the U.S. unlawfully but qualifies for a provisional unlawful presence waiver.

Our immigration lawyers can assess a person's eligibility for a waiver, prepare the necessary documentation, and present a compelling case to immigration authorities. We will work to overcome concerns related to inadmissibility or any other issues that may arise during the immigration process.

Contact Our Burr Ridge, Illinois Immigration attorneys

If you need help with visas, green cards, or other immigration issues, Khan Nayyar & Associates, LLC can provide you with effective legal guidance. Contact our firm at 630-529-9377 to set up a consultation today.