Obtaining a Work Visa
We first determine if the applicant is eligible under U.S. immigration laws for a work visa. There are several different types of temporary work visas such as: E-1/E-2 (treaty traders, treaty investors); H-1B (speciality occupations or professional occupations); L1 (intracompany transferees); P-1 (entertainment groups such as circus performers); R-1 (religious workers) and TN (NAFTA). A review of the employer's requirements and the worker's qualifications will help us determine which visa category will work best.
For permanent residence an alien employment certification application (PERM) is required in the majority of cases. In some occupations, such as professional nurses, professors, researchers, or executives, a labor certification is not required. If the U.S. Department of Labor grants the certification request, the employer must submit a Petition for Alien Worker (Form I-40) to the U.S. Citizenship and Immigration Services. Once the petition is approved, the employee will either apply for adjustment of status or seek an employment based immigrant visa through the U.S. Department of State. In many cases visa availability is affected by the employment cateogry and the country of nationality.
Employment Based Preferences (Permanent Residence)
Our office will guide you through the appropriate employment category depending on the nature of employment and your qualifications. There are four employment-based categories:
• EB-1- These work visas are for foreign citizens (1) with extraordinary abilities in the arts, sciences, education, business, or athletics; (2) who are outstanding professors or researchers; or (3) who are executives or managers working outside the United States for a U.S. Company.
• EB-2- These work visas are for foreign citizens with advanced degrees or exceptional abilities in the arts, sciences, or business.
• EB-3- These work visas are for skilled or professional workers.
• EB-4-These work visas are for foreign citizen who are religious workers, employees or former employees of the United States government and other special immigrants.
. EB-5- These work visas are for investors who invest in a new commercial enterprise. Certain visas are set aside for investors in Regional Centers designated by USCIS.