What is Inadmissibility in Employment-Based Immigration?

Inadmissibility refers to a set of legal grounds that can prevent a foreign national from entering the United States, obtaining a visa, or adjusting status to permanent residency. For professionals, business executives, entrepreneurs, and investors, even a single prior violation can derail employment opportunities and create long-term immigration barriers.

Legal Solutions for Overcoming Bars to Enter the U.S. for Workers and Entrepreneurs

At Benach Pitney Reilly Immigration, we help employment-based clients and entrepreneurs navigate and overcome these legal obstacles through carefully crafted waiver strategies, restoring eligibility for nonimmigrant work visas and green cards.

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Common Grounds of Inadmissibility in Business & Employment Contexts

Inadmissibility can arise from a wide range of past immigration or legal issues. Some of the most common include:

  • Unlawful presence or visa overstays
  • Misrepresentation on a prior visa application or entry
  • Prior deportation or exclusion from the United States
  • Certain criminal convictions, including crimes involving moral turpitude
  • Health-related grounds, such as lack of vaccination or communicable disease issues
  • Security-related concerns or suspected public safety risks

📌 Even highly qualified professionals may face inadmissibility based on minor or unintended past actions.

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Types of Waivers Available to Employment-Based Applicants

Waivers for Immigrant (Permanent) Visas

If applying for an employment-based green card (e.g., EB-1 or EB-2 NIW), the following waivers may be available:

  • Form I-601: Used to waive inadmissibility based on unlawful presence, certain crimes, or misrepresentation.
  • Form I-212: Required for those who have been deported or removed and wish to reapply for lawful admission.

These waivers often require demonstrating extreme hardship to a qualifying relative or showing rehabilitation and strong equities.

Waivers for Nonimmigrant (Temporary) Visas

For those applying for temporary employment-based visas such as H-1B, O-1, L-1, TN, or P:

  • 212(d)(3) Nonimmigrant Waiver: Available to individuals seeking to enter the U.S. temporarily despite inadmissibility.
  • These waivers are discretionary and typically do not require a qualifying relative or hardship argument.
  • Applicants must show they pose no national security threat, have strong ties to the U.S., and that the purpose of entry is legitimate and beneficial.

📌 212(d)(3) waivers are adjudicated by U.S. Customs and Border Protection (CBP) with input from U.S. consulates abroad.

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How Benach Pitney Reilly Immigration Builds a Winning Waiver Strategy

Our attorneys offer tailored waiver strategies that protect your career, your business, and your ability to enter or remain in the U.S. legally. We:

  • Conduct a full analysis of your immigration history and the basis for inadmissibility
  • Determine which waiver pathway best fits your case — immigrant or nonimmigrant
  • Prepare strong waiver applications, including:
      • Personal declarations and legal argumentation
      • Employer letters explaining business necessity
      • Evidence of rehabilitation, hardship, or national interest
      • Third-party support statements and documentation
  • Coordinate with U.S. consulates and CBP to ensure proper processing of 212(d)(3) waivers

We handle every case with discretion, strategic insight, and a focus on long-term immigration success.

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Who We Help?

Benach Pitney Reilly Immigration represents a wide range of clients who need waivers to pursue employment opportunities in the United States, including:

✅ Foreign nationals applying for H-1B, O-1, L-1, TN, or P visas
✅ Entrepreneurs, investors, and executives seeking admission with prior violations
✅ EB-1 and EB-2 NIW applicants with past visa denials or grounds of inadmissibility
✅ Professionals with prior deportations, overstays, or misrepresentations
✅ Employers seeking to retain international talent otherwise barred from entry

📌 If you’re unsure whether you’re inadmissible — or already have been told you are — we can help clarify your legal options and pursue the right waiver on your behalf.

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Why Partner with Benach Pitney Reilly Immigration?

At Benach Pitney Reilly Immigration, we understand the business and personal implications of being deemed inadmissible. Our firm is known for:

  • Decades of experience handling complex inadmissibility waivers
  • Success with high-stakes cases involving global executives, artists, scientists, and investors
  • Trusted relationships with consular posts and CBP adjudicators
  • Legal creativity backed by deep understanding of employment-based immigration law
  • Nationwide representation and personalized case strategy

When your future in the U.S. is at stake, the right legal strategy makes all the difference.

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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
""I cannot express enough gratitude to Benach Collopy LLP. Thanks to their professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, their team demonstrated genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Collopy LLP to anyone seeking a reliable, professional, and efficient team for immigration matters. Thank you for changing my life!"" - Alessia O.
""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.