Skip to main content

What is the difference between an "employment-based immigration petition" and an H1B petition?

Los Angeles, CA |

I have read some articles that it's advisable to start by your self the first one, even before a US employer petition for you for an H1B...I am so confused...

Attorney Answers 3

Posted

H-1B is one type of many types of employment based immigration petitions.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Mark as helpful

3 lawyers agree

2 comments

Asker

Posted

So how does a foreign alien supposed to know what's the right thing to do and what to do first? Can a foreign alien obtain an employment authorization card while waiting for an H1b?

J Charles Ferrari

J Charles Ferrari

Posted

By having the employer hire an experienced immigration attorney to handle the case. Employment based cases must be filed by the employer.

Posted

Most of the time, when people refer to employment-based petitions, they mean petitions for permanent residence. An H-1B is a temporary visa.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Mark as helpful

1 found this helpful

16 lawyers agree

Posted

Employment-based immigration petition" referred to a EB-1, EB-2, EB-3; probably rings a bell, for most employees.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Mark as helpful

3 lawyers agree

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics