Free Confidential Consultation
(713) 224-4040 Español
Request Free Consultation
Two people shaking hands

Houston Employment-Based Immigration Lawyer

If you are an employer who wants to bring a skilled immigrant into the United States for work, you may not know where to begin. When it comes to immigration law, timelines are long and rules are complex.

One mistake can lead to months of delays. By hiring a qualified Houston immigration lawyer to help with the immigration process and review documents and applications, you can save time and energy. Our Houston employment immigration attorneys know good help is hard to find, we can work with you to get your talented employees to work as soon as possible.
Houston Employment Visa Lawyer



To get approved for employment work visas, the first step is to obtain labor certification approval through the U.S. Department of Labor. A work visa is a visa that allows foreign nationals to work temporarily in the United States. These are often nonimmigrant visas.

A non-immigrant visa is for those who wish to enter the United States on a temporary basis. The main difference between a non-immigrant visa and immigrant visa in Houston, is that an immigrant visa is issued to a foreign national who intends to live permanently in the U.S.

There are multiple types of labor certifications that you can file for. They include:

  • H Visas. H-Visas, a non-immigrant visa in Houston, are available for immigrants who wish to live and work in the United States for a temporary period. The employer must file for the H Visa. Individuals in specialty occupations or professional workers, nurses, trainees, and workers in “shortage occupations” are eligible.
  • TN Visas. A part of the North American Free Trade Agreement (NAFTA), TN Visas are similar to H Visas but are available only to Mexican and Canadian workers.
  • L Visas. The L Visa permits high-level employees to transfer from a company outside the United States to one inside the United States wherein their skills will be demonstrably essential.
  • E Visas. E Visas are open to investors and traders who conduct essential business transactions or negotiations within the United States, or those who wish to oversee a business or development in which they have invested substantial capital.

Once you determine the kind of visa you are applying for and obtain labor certification, you will be required to file a petition to bring in an immigrant employee. It is possible for immigrants to apply for green cards depending on their visa type. For this instance, a Houston green card attorney can help determine the who can qualify, the time period required, and provide support throughout the immigration journey.


Employment-based immigration visas in Houston are broken into 5 different categories. In order to be eligible for an immigrant work visa, you must fall under any of the following categories:

  • First Preference (E1): persons with extraordinary ability, professors or researchers, multinational managers or executives
  • Second Preference (E2): persons with exceptional ability, professionals holding an advance degree
  • Third Preference (E3):  skilled workers, professionals, and unskilled workers
  • Fourth Preference (E4): certain special immigrants
  • Firth Preference (E5): immigrant investors


Once United States Citizenship and Immigration Services (USCIS) approves the petition, it will be sent to the National Visa Center where it is assigned a case number. When the priority date meets the qualifying date, your application process begins. Once the process begins, you must pay any applicable fees. The applicant must also submit all necessary documentation. This documentation can vary from case to case, but it may include medical records, civil documents (like birth/marriage certificates), and proof that you will not be a financial burden on the United States (like a work contract).

Once your application is fully processed, you will be required to complete an interview, usually at a consulate. At this time, you must receive vaccinations required by the United States.


Your employment visa will be given to you in a sealed envelope. It is important not to open this envelope, as it can only be opened by an immigration official when you enter the United States. Remember to enter the United States before the expiration date printed on your visa. If you elected to receive a Social Security Card, it should arrive at your designated U.S. residence within six weeks.


If you are an employer, it can be hard to coordinate with your prospective employee internationally. That is why it is so important to have an employment immigration attorney work with both of you to ensure a smooth application process.

An experienced employment-based immigration lawyer can handle labor certification on behalf of employers, as well as all of the details required in the visa application for the employee. With the help of the Law Office of David A. Breston, you can get your valued employees to work quickly and efficiently. Contact us if you have any questions or would like to schedule a free initial consultation.