Employment-Based Immigration

Current U.S. immigration law allows people who have skills and talents needed in the United States to be admitted to the United States to work on a temporary or permanent basis. 

  • Employment Based Immigration
  • Other types of visas

Permanent Workers

Approximately 140,000 immigrant visas are available each fiscal year for noncitizens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States. 

Extraordinary Ability

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

Outstanding Professors and Researchers

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer. 

Multinational Manager or Executive

You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity. 

Advanced Degree

The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). You must meet any other requirements specified on the labor certification as applicable.

Exceptional Ability

You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet any requirements specified on the labor certification as applicable.

National Interest Waiver

Immigrants seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability, and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

Other Visas

Skilled workers, Professionals, and Other Workers need a Labor certification and a permanent, full-time job offer are required.

Religious workers, certain broadcasters, and investors are types of permanent workers that can apply for a visa. 

Contact us, If you are a company in need to submit these visa applications for your future employees.

Temporary Workers

In order for you to come to the United States lawfully as a nonimmigrant to work temporarily in the United States your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS.

 

Some of the visas available and specific to your particular case include but are not limited to: E-1 Treaty Traders, E-2 Treaty Investors, E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations nd Fashion Models, H-2A Agricultural Workers, H-2B Non Agricultural Workers, H-3 Nonimmigrant Trainee, I Representatives of Foreign Media, L-1A Intracompany Transferee Executive o Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, P-1A International Recognized Athlete, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist r Entertainer Part of a Culturally Unique Program, Q Cultural Exchange, R-1 Temporary Religious Workers, TN- NAFTA Professionals, 

Student and Exchange Visitors

If you wish to pursue full-time academic or vocational studies in the United States, you may be eligible for one of two nonimmigrant student categories. The “F” category is for academic students and the “M” is for vocational students. 

If you wish to participate in an exchange program you may be eligible for the “J” category for exchange visitors. The J visa program is for educational and cultural exchange programs. 

Always seek legal advice before submitting a form

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