Employment-Based Immigration

Houston is the most densely populated city in the state of Texas and is the fourth largest city in the United States by population. With a broad economic foothold in energy, manufacturing, transportation, aeronautical engineering, and having one of the busiest international ports in the United States, the greater Houston area is recognized as a global powerhouse.

Individuals attempting to immigrate to Houston or The Woodlands for employment, or employers seeking qualified workers beyond the Texas borders must understand how to navigate the complicated and tedious immigration system. Employment-based immigration can include both temporary work, which requires a visa, or permanent work, which requires a green card.

Luis H. Hess represents ambitious entrepreneurs and business owners in search of exciting opportunities. Whether the business owner is looking to make a fresh start, pursuing the next big commercial investment, or seeking to expand their business into the greater Houston area, Luis H. Hess can help them navigate a complex and fast-changing legal and regulatory system.

At Luis F. Hess, PLLC, we can help you select the best visa to facilitate your goals, figure out the ideal business structure for your new enterprise, or help you protect your investment from financial and legal risk. No matter your goals, Luis F. Hess has the legal experience you need to fulfill your American Dream.

Attorney for Employment-Based Immigration in The Woodlands, TX

With experience in corporate transactions, litigation, and business operations, attorney Luis F. Hess is specially situated to advise potential clients on their employment immigration needs. Understanding the requirements of operating a business provides an attorney with an outline on how to meet the needs of small business owners and corporate clients. 

Experienced immigration lawyer Luis F. Hess, the founder of Luis F. Hess, PLLC, assists clients by helping them broaden their employment horizons beyond the borders of Houston, TX. He also represents clients attempting to move to the U.S. based on family ties

Call Luis F. Hess, PLLC at (281) 205-8540 now to schedule a consultation.


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Overview of Employment-Based Immigration 


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Immigration for Temporary Work vs. Immigration for Permanent Work

When attempting to immigrate to the United States for work, the type of employment and the duration of that employment will determine which process an individual must go through to obtain admission into the Country. For a short-term position or a business trip, an individual's employer may seek a temporary visa. People who are attempting to enter the U.S. for temporary work are called temporary nonimmigrant workers.

The United States Citizenship and Immigration Services Office (USCIS), identifies 21 temporary worker classifications that each have their own immigration forms and waiting periods. Filing the correct form based on the type of job that the employee is to perform is imperative to ensure valid, lawful, immigration status. 

To work permanently in the United States, however, requires legal permanent residency, (green card), status. As a green card holder, the employee will be allowed to live and work in the United States permanently; with he or she only being required to renew the green card every ten years.


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Employment-Based Preference Categories

Employment-based preference categories apply to individuals who are attempting to live and work permanently in the United States based on employment, rather than family ties. There are three preference categories that an individual may be eligible for, depending on their type of work.

  • First Preference (EB-1) –Priority workers
  • Second Preference (EB -2) –Foreign nationals
  • Third Preference (EB – 3) –Skilled workers, professionals

First- Preference

The idea behind first-preference employment-based immigration underscores the policy that the U.S. values education, talent, and excellence. With that in mind, it makes sense why individuals like professors, researchers, and teachers fall into the first-preference employment-based immigration category.

Each occupational category under first preference employment-based immigration has different requirements that an applicant must meet. The first preference employment categories are listed below.

  • Extraordinary ability
  • Professors and researchers
  • Multinational manager or executive

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Second-Preference

The second preference category for employment-based permanent residence is for applicants who are professionals or who are members of professions that require advanced degrees, or a foreign national who has exceptional ability.

  • Advanced degree
  • Exceptional ability
  • National interest waiver

Third-Preference

The third and final preference category for employment-based green cards in the United States covers skilled workers, professionals, and other workers. The workers that are placed into this category are listed below.

  • Skilled workers
  • Professional worker
  • Other workers

In addition, foreign nationals who are already in the United States for other, non-employment related reasons, may file an “adjustment of status” form in order to change his or her lawful permanent resident status to permit him or her to obtain permanent work.


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Additional Resources

Green Card Processes & Procedures –Visit the Official Website of the Department of Homeland Security to find the U.S. Citizenship and Immigration Services website for a plethora of information on green card eligibility, how to file, concurrent filing, and other useful information to make the green card application process as painless as possible.

The National Visa Center – Visit the website of the National Visa Center to find out more information on the proper procedures for obtaining a visa, the status of your visa, and how to ensure that all fees and forms have been paid and completed.


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Find a Lawyer for Employment-Based Immigration in Montgomery County, TX

Being the son of immigrant parents, attorney Luis F. Hess understands the U.S. immigration process. 

An experienced immigration lawyer like Luis F. Hess will ensure that all the required immigration forms are correctly filled out. He will fight in court for any unfair visa or green card denial and stand with his clients throughout their transition process. 

His firm Luis F. Hess, PLLC is located in Shenandoah, Texas, and he accepts clients seeking entry into the United States for temporary or permanent work throughout The Woodlands-Houston metropolitan area. Luis F. Hess's clients come from Montgomery County and in the surrounding areas like Shenandoah, Conroe, Magnolia, and Spring in Harris County.

If you or someone you know is seeking an experienced immigration lawyer who can relate to your experience as an immigrant trying to relocate to the United States, contact Luis F. Hess, PLLC.

Call (281) 205-8540 to schedule a no obligations consultation.


This article was last updated on Tuesday, February 13, 2018.

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