Individuals in the below outlined cases can qualify for employment-based visas:
- Immigrants with advanced degrees and performing work in the national interest
- Immigrants with a Bachelor degree or higher who have job offers and/or work experience
- Immigrants with extraordinary ability in business, arts or sciences
- Managers and Executives of multi-national businesses
- Exceptional professors or researchers
- Religious workers and ministers whose services are required by their non-profit religious organization
- Immigrant investors with substantial funds invested in the U.S.
Depending on your situation, you may be required to go through a process called Program Review Electronic Management (PERM). This is a program by which the U.S. Department of Labor certifies that there is a lack of qualified U.S. workers in your job category. If the labor shortage can be certified, you can apply at the CIS level for your immigrant visa. Our law office can help you go through this procedure as well.
H1-B Specialty Occupation
This type of non-immigrant visa applies to an alien who will be employed temporarily in a specialty occupation. A specialty occupation is defined by the regulations as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to, chemistry, architecture, biotechnology, mathematics, engineering, physical and social sciences, medicine and health, education, accounting, law, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum (with the exception of fashion models, who must be of distinguished merit and ability). The foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer. The number of H1-B visas that can be issued under the current law is limited to 65,000 per year. Another 20,000 H-1B visas are available to graduates of U.S. Master’s degree (or higher) programs.
E-1 Treaty Traders
This type of non-immigrant visa allows an individual to enter the United States for the sole purpose of carrying on substantial trade between his or her country and the United States. The home country of the non-immigrant must have a treaty with the United States.
E-2 Treaty Investor
You can obtain non-immigrant visa status of E-2 treaty investor if you come to the U.S. to run an enterprise in which you are invested or you are an employee of a treaty trader investor and your duties require special qualifications essential to the business. The non-immigrant must have the same nationality as the alien employer and the home country of the non-immigrant must have a treaty with the United States.
O-1 Individuals of Extraordinary Ability or Achievement
Highly talented or acclaimed individuals may be eligible for an O visa for entry into the United States. Examples of people who may qualify for this visa are as follows: scientists, physicians, accomplished businesspeople as well as top ranked athletes.
TN NAFTA Professionals
These visas are limited to nationals of Canada and Mexico. Individuals, who are employed in one of the sixty three listed professions in NAFTA, can apply for non-immigrant TN status. Most of the listed professions require either a bachelor’s degree or licensure.
L-1 – Multi-National Business Transferees
This visa is available to executives, managers and personnel with specialized knowledge entering the United States to continue working for the same employer, its subsidiary or affiliate. The length of stay is generally limited to 5 years for specialized-knowledge personnel and 7 years for executives or managers.
R-1 Religious Workers
This type of visa permits religious workers to come to the United States in order to take on a religious occupation and perform services for their religious organization which must already be established in the United States.
P-1 / P-2 / P-3 – Athletes, Entertainers & Artists
This visa applies to athletes, entertainers and artists who meet at least one of the following criteria:
- Members of a group or team
- Part of a reciprocal international exchange
- performing in programs that are culturally unique
The experience you deserve. The knowledge you desire. The results you want.
From our location in Fort Lauderdale, The Law Offices of Adam Franzen, LLC handles immigration cases in all fifty states of the United States of America and for clients coming from countries throughout the world. If you need the help of an experienced and skilled immigration attorney today, call our number at 954-462-5790, or schedule an initial free consultation online.