IMMIGRATION LAW

You may be able to obtain residency or a temporary work visa via a petition from a U.S. employer or an investment in a job-creating business.  There are several immigrant and non-immigrant classifications available for professional, skilled, and unskilled individuals seeking employment in the United States through their businesses or employers on a temporary or permanent basis.  There are also unique immigration options available for nurses, physical therapists, researchers, academia, and accomplished individuals able to meet specific criteria.  

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At Flowers Davis, PLLC, we represent employers from small, family-owned agricultural businesses to multinational corporations managing a global workforce on all immigration-related matters. We assist federal contractors in making sure their work forces are compliant with all federal regulations regarding employee immigration status. We also work with universities, medical facilities, and research institutions with the immigration process for their valued international employees and prospective employees. Additionally, we assist religious organizations petitioning for foreign born missionaries, ministers, and other religious workers. 

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The process for employees and investors/business owners to obtain status in the United States is complex, and we work closely with potential clients to identify what specific immigrant or non-immigrant category will best fit their needs. Generally, the law establishes preference-based categories for potential immigrants, with each category requiring different qualifications. For non-immigrants, numerous classifications are available that allow various maximum periods of stay in the United States based on the individual’s country of citizenship, skill level, and nature of the proposed employment or business.

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The Immigration Attorneys at Flowers Davis in our Tyler, Texas office are experienced in employment & investor immigration law. We are committed to making the immigration process as simple and understandable as possible for our clients.  Contact us today for a consultation.

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Can I Apply for an Employment-Based Visa?

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For immigrants, there are five “preference” categories, each with their own annual quotas and requirements:

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First Preference

• A Person with Extraordinary Ability (this can include in the area of athletics, business, science, education, or the arts)

• An Outstanding Researcher or Professor

• A Multinational Manager or Executive (you need to have been employed by an overseas affiliate, branch, subsidiary, or parent of a United States employer for at least one of the three preceding years)

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Second Preference

• A Professional Holding an Advanced Degree

• A Person with Exceptional Ability in Business, the Arts, or the Sciences

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Third Preference

• A Skilled Worker (your job requires a minimum of two years of work experience or training that is not seasonal or temporary)

• A Professional (your job needs at least a baccalaureate degree from a U.S. college or university, an equivalent degree from a foreign university or college, or the necessary combination of education and experience)

• An Unskilled Worker (your job needs less than two years of experience or training that is not seasonal or temporary)

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Fourth Preference

• This “special immigrant category” includes subgroups that include translators, ministers, broadcasters, and individuals recruited outside of the U.S. who have served in the U.S. Armed Forces, etc.

 

Fifth Preference

• Qualified investors that invest $500,000 or $1,000,000 (depending on location) into a U.S. business that will generate 10 permanent, full-time jobs for U.S. workers. “EB-5 investments” can be made by individual investors/business owners into their own business, or by group investments where numerous foreign investors pool their funding for a qualifying project through a “Regional Center” that has been approved by USCIS.