Employment Visas
Non-Immigrant Visas and Permanent Residency
In the United States, there are two main types of visas: immigrant visas and nonimmigrant visas.
Immigrant visas are for people who wish to live permanently in the United States. These include visas for family members of U.S. citizens and legal permanent residents, as well as employment-based visas. Once an immigrant visa is issued, the holder can enter the United States, and after a period of time, apply for a green card (lawful permanent residence).
Nonimmigrant visas, on the other hand, are for people who wish to come to the United States temporarily for a specific purpose, such as tourism, business, study, or work. These visas have a specific expiration date and the holder must leave the country before the visa expires. Examples of nonimmigrant visas include B-1/B-2 (tourist/business), F-1 (student), and H-1B (specialty occupation).
The process of obtaining a visa can vary depending on the type of visa and the country in which it is being applied for. Some of the steps that may be required include submitting an application, attending an interview, and undergoing background checks.
It’s important to note that the process can be complex, and the requirements and qualifications for each type of visa can vary. It’s recommended to consult with an experienced immigration attorney to help navigate the process and increase the chances of success.
USA Immigrant Visas/Permanent Residency
EB1, EB2, EB3 and NIW
- EB-1 Visa: This is an employment-based, first-preference visa for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. These individuals have demonstrated a high level of achievement in their field and their presence in the United States would significantly benefit the country.
- EB-2 Visa: This is an employment-based, second-preference visa for individuals with advanced degrees or exceptional abilities. These individuals must have a job offer and their employer must obtain a labor certification from the Department of Labor (DOL) stating that there are no qualified U.S. workers for the position being offered and that the foreign worker’s employment will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- EB-3 Visa: This is an employment-based, third-preference visa for skilled workers and professionals. These individuals must have a job offer and their employer must obtain a labor certification from the Department of Labor (DOL) stating that there are no qualified U.S. workers for the position being offered and that the foreign worker’s employment will not adversely affect the wages and working conditions of similarly employed U.S. workers.
National Interest Waiver (NIW): This is a form of relief from the usual labor certification process for certain employment-based immigration cases. In general, most employment-based immigration petitions require an employer to first obtain a labor certification from the Department of Labor (DOL) stating that there are no qualified U.S. workers for the position being offered and that the foreign worker’s employment will not adversely affect the wages and working conditions of similarly employed U.S. workers. However, in certain cases, it may be in the national interest for the foreign worker to be able to bypass the labor certification process. In such cases, the foreign worker can apply for a National Interest Waiver (NIW) of the labor certification requirement.
USA Non-Immigrant Visas
H1-B
The H-1B visa is a nonimmigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations, such as engineers, scientists, computer programmers, and other positions that require a high level of expertise in a specific field. This visa is designed to help U.S. companies fill critical skills shortages by allowing them to recruit and employ foreign workers with the necessary qualifications.
To qualify for an H-1B visa, the foreign worker must have a bachelor’s degree or higher in a specific field and the job must require such a degree or its equivalent. The employer must also demonstrate that the foreign worker will be paid the prevailing wage for the occupation in the area of intended employment, and that the employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
The process for obtaining an H-1B visa begins with the U.S. employer filing a petition on behalf of the foreign worker with the U.S. Citizenship and Immigration Services (USCIS). This is typically done during the annual H-1B visa lottery and it’s a highly competitive process.
Once the petition is approved, the foreign worker can apply for the H-1B visa at a U.S. embassy or consulate abroad. After the visa is issued, the foreign worker can enter the United States and begin working for the sponsoring employer.
It’s important to note that the H-1B visa is valid for up to three years, with the possibility of an extension for up to an additional three years.
Alternatively, a person can adjust status to H1-B if they are current in the US under some other legal status.
L1/L2
The L-1 visa is a nonimmigrant visa that allows U.S. employers to transfer employees from a foreign office to a U.S. office in a similar position. This visa is designed to help U.S. companies with international operations to transfer key employees to their U.S. offices quickly and efficiently.
To qualify for an L-1 visa, the foreign worker must have been employed with the foreign company for at least one continuous year within the three years preceding the application. The worker must also have been working in a position that requires specialized knowledge, and the U.S. company must be an affiliate, subsidiary, or parent of the foreign company.
The process for obtaining an L-1 visa begins with the U.S. employer filing a petition on behalf of the foreign worker with the U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, the foreign worker can apply for the L-1 visa at a U.S. embassy or consulate abroad. After the visa is issued, the foreign worker can enter the United States and begin working for the sponsoring employer.
It’s important to note that the L-1 visa is valid for up to seven years for managers and executives, and up to five years for specialized knowledge employees.