Complete Your Goal Of A Business Or Employment-Based Immigration Visa

Last updated on June 3, 2025

Beginning a career or starting a business in the United States is a thrilling opportunity. We are here to materialize your vision. Our team at ERM Immigration Law, PLLC, assists clients around the globe with their business immigration needs. No matter your profession or business, one of our team members can meet you virtually or in person to determine your or your business’s eligibility for a business or employment-based visa and the best pathway to your vision.

Frequently Asked Questions About Employment Immigration

Understanding your legal options is key to making informed decisions during the employment immigration process. Below are answers to common questions about Adjustment of Status (AOS) and related processes grounded in U.S. immigration law to help clarify your next steps.

What visa do I need to work in the United States?

There are a number of different employment-based visas that allow employees to work in the U.S. However, the type of visa depends on you, your background, your intended career in the country, your abilities and other qualifications. EB-1 through EB-5 visas can be discussed with an attorney at our firm so you can understand which visa is right for you.

What kind Of Business Visa Do I Need?

They don’t call it an alphabet soup for no reason! There are over 185 different kinds of visas or immigration statuses in the United States. There are two categories that apply to employment or business immigration: immigrant, where the ultimate goal is a Green Card, and non-immigrant, which is a temporary stay. Some non-immigrant visas allow you to convert to immigrant status and others do not. We can help you figure it out.

What are the Different Types of Non-Immigrant and Employment-Based Immigrant Visas?

The U.S. Citizenship and Immigration Services (USCIS) offers several options regarding employment immigration that do not result in Green Card but allow you and your dependents to lawfully live and work in the U.S. (not all dependents are allowed to work). There are a number of non-immigrant visas and statuses. Below are some of the services that are currently provided at ERM.

• TN, NAFTA Professional (Mexicans and Canadians)
• E-2, Treaty Investor
• O-1, Individuals with Extraordinary Ability or Achievement
• R-1, Religious Workers
• And others.

U.S. Citizenship and Immigration Services (USCIS) offers several options regarding employment immigration resulting in a Green Card. Certain visa categories receive priority over others. The types of employment-based immigrant visas, which lead to a Green Card, include:

• EB-1: These first-preference visas go to priority workers who have the extraordinary ability; for example, doctors, scientists, artists, and business people at the very top of their field. This may be an option if you do not have an employer to sponsor you.
• EB-2: You can seek an EB-2 visa if you have an advanced degree or a national interest waiver (NIW). This option can help if you do not have an employer to sponsor you.
• EB-3: Even if you don’t have an advanced degree, you can seek this third-preference visa to work long-term in the U.S. This may be an option for those without any degree.
• EB-4: Religious workers, retired officers, neglected juveniles, and employees of some international organizations may receive EB-4 visas.
• EB-5: Finally, if you plan to invest at least $1 million in an American business enterprise, you may seek this type of visa.

These visas have one thing in common: the regulations surrounding them are exceedingly complex. We have successfully helped numerous clients obtain temporary employment visas, National Interest Waivers (NIW), and Green Cards.

How Does Adjustment of Status Differ From Consular Processing?

Adjustment of Status (AOS) allows someone already in the U.S. on a valid visa to apply for a green card without leaving the country. It involves filing Form I-485 with U.S. Citizenship and Immigration Services (USCIS).

On the other hand, consular processing requires applying for an immigrant visa at a U.S. embassy or consulate abroad. AOS is often more convenient for those already in the U.S., while consular processing is for those outside or ineligible for AOS.

What Visas Allow for Adjustment of Status?

Several visa types qualify for AOS, including family-based visas (spouses, parents and relatives of U.S. citizens), employment-based visas (such as H-1B or L-1 holders with approved immigrant petitions) and certain special immigrant categories (like religious workers).

Additionally, those eligible under Section 245(i) of the Immigration and Nationality Act may apply, even if they entered the U.S. without inspection, provided they meet specific criteria.

Why is a Medical Exam Necessary for Adjustment of Status?

A doctor conducts a USCIS-approved exam to confirm that an applicant does not have health conditions that would make them inadmissible under U.S. law, such as contagious diseases or conditions posing a public health risk. The exam includes vaccinations, physical evaluations and tests verifying the applicant’s health to protect public safety.

What Factors Can Lead to the Denial of an Adjustment of Status Application?

AOS applications may be denied for reasons like:

• Incomplete or inaccurate forms
• A criminal history
• Immigration violations (such as overstaying a visa)
• Failure to meet health requirements or lack of financial support (for example, not providing an Affidavit of Support when required)

Public charge concerns, fraud or misrepresentation can also lead to denial. Therefore, it is important to make certain all documentation is accurate and complete.