Employment Based Visas
Nonimmigrant Visas (Temporary)
Temporary Work Visas offer a limited period of employment in the United States. They come in various types and apply to various occupations. Some of the various worker visas allow a foreign employee to obtain them independently, while others may only be pursued through petition by a sponsoring employer. There are eight different temporary worker visa categories that our firm primarily works with.
E-1 Visa
“Treaty Trader”
The E-1 visa allows individuals to enter the U.S. temporarily to engage in substantial trade.
The E-1 Visa is issued to individuals known as ‘treaty traders’. A treaty trader is defined as a national of a country with which the United States maintains a treaty of commerce and navigation.
An applicant should be coming to the U.S. to carry on substantial trade, or to develop and direct the operations of a business in which they have invested or will soon invest a substantial amount of capital. An applicant’s spouse and/or children may accompany them under the same status. An applicant’s employees, or the employees of the treaty company, may also be eligible to receive E-1 visas. As an advantage to this category, individuals may apply directly at a U.S. Consulate.
E-2 Visa
“Treaty Investor”
The E-2 visa allows foreign entrepreneurs from treaty nations to enter the U.S. temporarily to carry out substantial investment and trade activities. To qualify for this visa, the applicant must be a key employee of their company and a national of a country that has an investor treaty with the U.S.
The E-2 visa is available for individuals known as ‘treaty investors’. A treaty investor is a national of a country with which the United States maintains a treaty of commerce and navigation.
The treaty investor’s spouse and/or children under the age of 21 may accompany him/her under E-2 status. The treaty investor’s employees may also be eligible for the E-2 Visa.
E-3 Visa
“Australian Visa”
The E-3 visa is exclusively reserved for Australian nationals. The visa allows Australian Professionals to come to the U.S. to work in a specialty occupation, similar in many aspects to the H-1B nonimmigrant worker visa.
E-3 visa classification is limited to 10,500 Australian nationals annually. E-3 principal nonimmigrant aliens must be coming to the United States solely to perform services in a “specialty occupation”.
To be eligible, the Australian citizen must possess a bachelor’s degree or higher (or its equivalent) AND the specialty occupation must require the theoretical and practical application of a body of specialized knowledge.
The E-3 Visa allows the spouse and/or children (under 21) to accompany the Australian national when entering the U.S. In addition,
a spouse is eligible to apply for work authorization. This is a significant benefit not available to many nonimmigrant dependent spouses.
H1-B Visa
Nonimmigrant Visa Program
The H-1B visa allows foreign workers to enter the U.S. and work in a variety of specialty occupations ranging from architecture and engineering to teaching and medicine. Specialty Occupations are defined as those that require a theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. This is not a self-petitioning category; therefore the applicant must have a sponsoring employer in the U.S.
The H-1B visa offers a wide range of employment possibilities and is a logical first step toward permanent residence.
An H-1B Applicant’s spouse and children (under 21) are allowed to accompany or join the H-1B worker as H-4 dependents. However, they cannot work unless they qualify for a work visa. H-4 dependents can enroll and attend schools in the U.S. without obtaining a student visa.
L-1 Visa
“Intra-Company Transferee”
The L-1 visa allows companies operating both in the U.S. and abroad to transfer certain types of employees from its overseas office to the U.S. office for up to seven years. This visa comes in the following categories: L-1A – for executives and managers; and L-1B – for personnel with specialized knowledge.
To obtain an L-1 visa, you must be able to prove that you have worked for the non-U.S. company for at least one full year within the last three years as an executive, manager or employee with specialized knowledge.
Spouses and children (under 21) qualify for L2 status. Spouses may seek employment by filing Form I-765. L2 dependents can enroll and attend schools in the U.S. without obtaining a student visa.
O-1 Visa
The O-1 Visa is reserved for those with Extra-ordinary ability in the Sciences, Arts, Education, Business or Athletics and for those who have demonstrated records of extraordinary achievement in the Motion Picture or Television Industry. To be considered an outstanding individual, an applicant should be highly regarded in their particular field, and may only work in the U.S. in that specific area of expertise.
This visa enables individuals with extraordinary ability in the sciences, arts, education, business, athletics, motion picture and television industry to enter the U.S. for temporary periods of time. USCIS loosely defines this category, and the spectrum of eligible individuals also includes chefs, carpenters and lecturers. The O-1 Visa must be petitioned by a US employer, U.S. agent or foreign employer through a U.S. agent.
The spouse and/or children (under 21) may join the applicant in the U.S. under O-3 dependent status. While they may not work while in the U.S., immediate family members are allowed to attend school or college.
To qualify for an O-1 a person must demonstrate either of the following:
Receipt of a major, internationally-recognized award (e.g. the Nobel Prize), or
At least three (3)* of the following apply to him/her:
Receipt of nationally or internationally recognized prizes or awards for excellence in his/her field.
Membership in an association in the field which requires outstanding achievements of its members, as judged by national or international experts in the field.
Published material in professional or major trade publications or major media about the person, concerning the person’s work in the field.
Participation on a panel, or individually, as a judge of the work of others in the field.
Scientific, scholarly, or business-related contributions of major significance in the field.
Authorship of scholarl articles in the field in professional journals or other major media.
Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
High salary or other remuneration commanded by the person for services.
TN Visa
For Canadians and Mexicans
The TN Visa is a product of NAFTA, the North American Free Trade Agreement. Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the U.S. under the nonimmigrant TN status. The TN Visa enables Canadian and Mexican citizens to temporarily work in the U.S. in a NAFTA-approved professional occupation for a period up to three (3) years. TN visas may be renewed indefinitely.
Immigrant Visas (Permanent)
Permanent immigration in the US comes with a variety of rights and privileges. One of the most widely used methods to obtain permanent immigration is through employment. There are five classifications for employment-based immigration.
EB-1 Priority Workers
EB-1A - Individuals with Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics
To qualify under this category the individual should be one at the “top of her/his field of endeavor,” as demonstrated by national or international acclaim which should be recognized through extensive documentation. The alien should continue to work in the same field and provide proof of how s/he would substantially benefit the U.S. prospectively. The law provides that receipt of the Nobel Prize or at least three* types of evidence from the list below are needed to satisfy the criteria.
Note that the submitted documentation must relate to and support the specific case presented to the USCIS.
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Documentation of the alien’s membership to associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields.
Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.
Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media.
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales.
Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
*In order to file a successful EB1A petition, a candidate would need to produce evidence demonstrating that they satisfy more than three (3) of the criteria listed.
EB-1B - Outstanding Professors or Researchers
The EB-1B immigrant category is for “outstanding” academicians – professors and researchers who can establish a high level/degree of achievement in their fields. This category is available to individuals who can prove that they are “recognized internationally as outstanding in a specific academic area,” have at least 3 years of teaching or research experience in their field of endeavor and intend to teach or carry out research in that particular field in the United States.
The individual must have an offer of employment in his/her field. Employment from an accredited university must be for a tenure-track position. The employment can also be for a permanent research position with an employer who has at least three full-time researchers and has documented accomplishments in that field.
In order to qualify for EB-1B, it is necessary to produce at least two* of the following:
Published material in professional publications written by others about the alien’s work in the academic field.
Documentation of the alien’s receipt of major prizes or awards for outstanding achievement in the academic field.
Documentation of the alien’s membership in associations in the academic field, which require outstanding achievements of their members.
Evidence of the alien’s original scientific or scholarly research contributions to the academic field.
Evidence of the alien’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.
Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or allied academic field.
*In order to file a successful EB-1B petition, a candidate would need to produce evidence demonstrating that they satisfy more than two (2) of the criteria listed.
In addition to the above, the petition to the USCIS must be accompanied by an offer of employment for the applicant to work in his or her field from either an institution of higher education or a company with a research department / facility.
EB-1C Managers and Executives Transferred to the U.S.
The EB-1C immigrant visa category is designed to facilitate international transfer of executive or managerial personnel within multinational companies. The transfers can be between different branches of the same company, or between different companies with one of the following types of relationships:
Parent – Subsidiary
Home Office – Branch Office
Affiliate – Affiliate
In this category, the employee must have worked in either a managerial or executive capacity, for the related company abroad, for at least a one-year period in the three years preceding the transfer. The employee should be coming to the U.S. Company to function in an executive or managerial capacity, or the employee may already be in the U.S. in a non-immigrant visa status such as the L-1A or one of the E visa classifications.
EB-2 and EB-3
Classification for the Green Card Process
Labor Certification is the first step in the second (EB-2) and third (EB-3) preference employment-based immigration (“green card”) categories. Essentially, at this stage of the employment-based green card proceedings, the U.S. employer must test the local labor market and prove to the U.S. Department of Labor (DOL) that there are not sufficient U.S. workers able, wiling and qualified for the position that they wish to sponsor a foreign national for. The U.S. employer must also prove that employment of the foreign national will not adversely affect the wages and working conditions of U.S. workers. The method currently used by the DOL to certify labor certifications is PERM (Program Electronic Review Management System).
EB-2 Professionals with Advanced Degrees, Persons with Exceptional Ability & National Interest Waiver (NIW)
The EB-2 classification includes: foreign nationals with advanced degrees; individuals with exceptional ability in the sciences, arts, or business; and National Interest Waivers.
A petition for a foreign national holding an advanced degree can be made when a position requiring an advanced degree becomes available in the U.S. Interested candidates must possess an advanced degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus at least five years of post-baccalaureate, progressive work experience in the field).
If you wish to be classified as having exceptional ability in the sciences, arts, or business, you should intend to provide at least three of the following:
Proof of academic achievement, including diplomas, degrees or certificates from colleges or universities.
Letters that prove you have at least ten years of full-time experience in your field.
A license to practice your profession or certification in your specialty.
Proof that you have received a worthy salary for your services.
Membership in a professional association
Recognition in your field from peers, government officials or organizations.
Foreign nationals interested in seeking a national interest waiver are requesting that the Labor Certification stage of the process be waived because it is in the Interest of the United States. Jobs that qualify for a National Interest Waiver are not defined by statute; however, national interest waivers are usually granted to those who have exceptional ability and whose employment in the U.S. would greatly benefit the nation.
EB-3 Skilled or Professional Workers
The EB-3 classification includes foreign nationals with at least two (2) years of experience as skilled workers; Professionals with at least a baccalaureate degree; and other workers with less experience who can contribute skillsets unavailable in the United States.
Skilled workers should have at least two (2) years of experience.
Professionals should have either a U.S. bachelor’s degree or a foreign equivalent degree.
EB-4 Special Immigrants
The EB-4 classification includes: Religious Workers; Special Immigrant Juveniles (SIJ); Certain Broadcasters; Certain retired officers or employees of a G-4 International Organization or NATO-6 civilian employees and their family members; Certain employees of the U.S. government who are abroad and their family members; Members of the U.S. armed forces; Panama Canal company or Canal Zone government employees; Certain physicians licensed and practicing medicine in a U.S. state as of January 9, 1978; Afghan or Iraqi Translators or Interpreters; and Iraqis and Afghans who were employed by or on behalf of the U.S. government.
To petition for an employment-based fourth preference Immigrant, an employer must file a Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant. There are certain situations where an employee may self-petition.
I used Ms. Lego's legal services for my H1B and ultimately my green card. She was very professional and helpful, and explained every step of the process in a way I could understand it. Every time I had questions they were answered almost immediately. More importantly, I always felt like I was in great hands and I could trust her entirely with my case.
— Mariana
