Family Immigration
The employment-based immigration are the venues by which an American employers may petition for foreign workers of a particular skills to come to the U.S. to work for the employer.
NON IMMIGRANTS WORKING VISAS
The law of the United States allows a number of working visas for foreign workers to come to the U.S. to take up certain temporary employments with an American employer. The employment based non-immigrant temporary visas include the following categories that are described briefly below. Each of the visas has its own set of requirements. Their commonality is that while in most cases, the beneficiary worker may change the status from one category to another if the requirements are met, the status, once granted, is employment or occupation specific. Also, the granted status is temporary by nature. nguyenbaminhphong
E-1 - Treaty Traders and E-2 - Treaty Investor
These types of visas are suitable to citizens of countries that have a qualifying trade treaty with the United States. E visas can be granted for up to five years initially, with extensions available.
TN - North American Free Trade Agreement Professionals
The TN non-immigrant visas are granted to a Canadian or Mexican citizen to whom an employment is offered by an American employers. TN visas are granted for up to one year at a-time and may be extended for one year at a time.
H-1B - Specialty Occupation
This classification is suitable for a foreign citizen to whom an American employer offers a temporary employment in a specialty occupation. H-1B visas are typically granted for up to three years initially, with extensions possible to a maximum of six years, or seven under certain circumstances. 65,000 visas are allocated to this classification per fiscal year.
H-1C – Nurses
This classification is suitable for a foreign nurse to whom an American employer offers a temporary employment in a nursing capacity.
H-2B - Seasonal Workers
The H-2B visa category is suitable for U.S. employers in industries with either peak load, seasonal, one time occurence or intermittent needs to hire temporary foreign workers to staff their businesses with necessary work force. Typically, H-2B workers fill labor needs in industries such as health care, landscaping, construction, manufacturing, food service and hospitality services. There are 66,000 visas allocated to this category into two halves for employments started in April and October each year.
H-3 - Business / Special Education Trainee
This visa category is suitable for foreign nationals who are coming temporarily to the U.S. to receive training that is not available in their home countries. The training may be provided by a business entity, academic, or vocational institute. 50 H-3 visas are reserved for aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities.
L-1 - Intra Company Transferees
The L-1 visa is used by multinational businesses that need to temporarily transfer key employees to work in the affiliated entities in the United States. L-1 visas are granted for a maximum of three years with one-year extensions for a total maximum of seven years.
O-1- Person of Extraordinary Ability or Achievement
0-1 visa is suitable for foreign persons who are at the top of their field of endeavor in sciences, education, business, athletics or the arts and who are sponsored by an American employer to come to practice such expertise in the U.S. There is no specific limitation on the period of stay.
P - Athletes
The P visa is used by professional artists, athletes and entertainers who want to come to the United States to perform or to participate in a sporting event. A sponsor or an employer is required. P visas are granted for up to five years, with extensions available.
R-1 - Religious Occupation Workers
This category of visa is suitable for religious or religious workers desiring to come to the U.S., on an employment offer by an U.S. church or affiliated entity to work in their field of religious endeavors. The R-1 visas are typically granted for one to three years with extensions possible to a maximum of five years.
EMPLOYMENT BASED IMMIGRANT VISAS
Each year, there are 140,000 employment visas are allocated to foreign workers who will come to the U.S. as permanent residents. The visas are allocated to five categories of “preference”. Except for the First Preference (EB-1) for people of extraordinary ability and for cases where a National Interest Waiver is obtained, these types of visa requires the sponsorship of an American entity and must be certified by the Department of Labor that, under strict guidelines, must establish that the underlined employment offered is not to the detriment of U.S. citizens or residents of equivalent qualifications.
EB-1 Employment First Preference
This type of visa is for People of Extraordinary ability (A); Outstanding researchers and professors (B) or Multinational executives / managers (C)
EB-1 (A)
People of Extraordinary ability are those whose outstanding achievements and success in the fields of Art, Science, Education, Business or Athletic have received sustained national or international acclaim who apply to come to the U.S.to continue to work in the field in the US. Such works will prospectively benefit the U.S.
Since self petition is possible, there is no advertisement necessary as in other employment based immigration petitions. The immigrant’s extraordinary ability is to be proved that it benefits the United States, the immigrant committed to work in his(er) field of excellence after his(er) immigration to the U.S.
EB-1 (B)
The outstanding professor and researcher petitioner of EB-1 will have at least three years experience in teaching or research in their field and received international recognition for their work of expertise in a specific area.
Their application for EB-1 will be sponsored by the U.S. Universities or research organizations where they are going to work in a tenured position or to conduct research in the area. The employer may be a private organization with a research department, division that employs at least three persons full time in research activities and has achieved documented accomplishments in an academic field
They will have to provide in proof the documentation of 3 years of teaching or research, of acclaim and awards they have received, of their scientific researches and of their published works…
EB-1 (C)
The executives of multinational companies who manage a major function or division of the company or the managers of the company who have under their supervision other professional or managerial employees. Such manager will manage a department or an important function. The executive or manager in question has worked for at least one year in the company or in an affiliate or subsidiary of the company in prior to the application for the EB-1 visa.
The company will sponsor the EB-1 application for their executives and managers in order to continue to render services to the same company or to a subsidiary or affiliate of it as a manager or an executive. The company in the U.S. must have been in operation for at least one year.
EB-2 Employment Second Preference
Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas. All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later). A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category:
1. Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
2. Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
EB-3 Employment Third Preference
This category for Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First and Second Preference visas. All Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category:
1. Skilled workers are persons capable of performing a job requiring at least two years'' training or experience; Professionals with a baccalaureate degree are members of a profession with at least a university bachelor's degree; and
2. Other workers are those persons capable of filling positions requiring less than two years'' training or experience.
EB-4 Employment Fourth Preference
These special Immigrants receive 7.1 percent of the yearly worldwide limit. All such applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884. Certain spouses and children may accompany or follow-to-join the principal special immigrant. Different types of special immigrants provided for under immigrant law are listed below:
Dependents of Employment Based Beneficiaries
The dependent spouse and under 21 year-old children of an employment-based beneficiary are considered derivative beneficiaries. They are eligible to immigrate under the same category as the principal beneficiary.
NON IMMIGRANTS WORKING VISAS
The law of the United States allows a number of working visas for foreign workers to come to the U.S. to take up certain temporary employments with an American employer. The employment based non-immigrant temporary visas include the following categories that are described briefly below. Each of the visas has its own set of requirements. Their commonality is that while in most cases, the beneficiary worker may change the status from one category to another if the requirements are met, the status, once granted, is employment or occupation specific. Also, the granted status is temporary by nature. nguyenbaminhphong
E-1 - Treaty Traders and E-2 - Treaty Investor
These types of visas are suitable to citizens of countries that have a qualifying trade treaty with the United States. E visas can be granted for up to five years initially, with extensions available.
TN - North American Free Trade Agreement Professionals
The TN non-immigrant visas are granted to a Canadian or Mexican citizen to whom an employment is offered by an American employers. TN visas are granted for up to one year at a-time and may be extended for one year at a time.
H-1B - Specialty Occupation
This classification is suitable for a foreign citizen to whom an American employer offers a temporary employment in a specialty occupation. H-1B visas are typically granted for up to three years initially, with extensions possible to a maximum of six years, or seven under certain circumstances. 65,000 visas are allocated to this classification per fiscal year.
H-1C – Nurses
This classification is suitable for a foreign nurse to whom an American employer offers a temporary employment in a nursing capacity.
H-2B - Seasonal Workers
The H-2B visa category is suitable for U.S. employers in industries with either peak load, seasonal, one time occurence or intermittent needs to hire temporary foreign workers to staff their businesses with necessary work force. Typically, H-2B workers fill labor needs in industries such as health care, landscaping, construction, manufacturing, food service and hospitality services. There are 66,000 visas allocated to this category into two halves for employments started in April and October each year.
H-3 - Business / Special Education Trainee
This visa category is suitable for foreign nationals who are coming temporarily to the U.S. to receive training that is not available in their home countries. The training may be provided by a business entity, academic, or vocational institute. 50 H-3 visas are reserved for aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities.
L-1 - Intra Company Transferees
The L-1 visa is used by multinational businesses that need to temporarily transfer key employees to work in the affiliated entities in the United States. L-1 visas are granted for a maximum of three years with one-year extensions for a total maximum of seven years.
O-1- Person of Extraordinary Ability or Achievement
0-1 visa is suitable for foreign persons who are at the top of their field of endeavor in sciences, education, business, athletics or the arts and who are sponsored by an American employer to come to practice such expertise in the U.S. There is no specific limitation on the period of stay.
P - Athletes
The P visa is used by professional artists, athletes and entertainers who want to come to the United States to perform or to participate in a sporting event. A sponsor or an employer is required. P visas are granted for up to five years, with extensions available.
R-1 - Religious Occupation Workers
This category of visa is suitable for religious or religious workers desiring to come to the U.S., on an employment offer by an U.S. church or affiliated entity to work in their field of religious endeavors. The R-1 visas are typically granted for one to three years with extensions possible to a maximum of five years.
EMPLOYMENT BASED IMMIGRANT VISAS
Each year, there are 140,000 employment visas are allocated to foreign workers who will come to the U.S. as permanent residents. The visas are allocated to five categories of “preference”. Except for the First Preference (EB-1) for people of extraordinary ability and for cases where a National Interest Waiver is obtained, these types of visa requires the sponsorship of an American entity and must be certified by the Department of Labor that, under strict guidelines, must establish that the underlined employment offered is not to the detriment of U.S. citizens or residents of equivalent qualifications.
EB-1 Employment First Preference
This type of visa is for People of Extraordinary ability (A); Outstanding researchers and professors (B) or Multinational executives / managers (C)
EB-1 (A)
People of Extraordinary ability are those whose outstanding achievements and success in the fields of Art, Science, Education, Business or Athletic have received sustained national or international acclaim who apply to come to the U.S.to continue to work in the field in the US. Such works will prospectively benefit the U.S.
Since self petition is possible, there is no advertisement necessary as in other employment based immigration petitions. The immigrant’s extraordinary ability is to be proved that it benefits the United States, the immigrant committed to work in his(er) field of excellence after his(er) immigration to the U.S.
EB-1 (B)
The outstanding professor and researcher petitioner of EB-1 will have at least three years experience in teaching or research in their field and received international recognition for their work of expertise in a specific area.
Their application for EB-1 will be sponsored by the U.S. Universities or research organizations where they are going to work in a tenured position or to conduct research in the area. The employer may be a private organization with a research department, division that employs at least three persons full time in research activities and has achieved documented accomplishments in an academic field
They will have to provide in proof the documentation of 3 years of teaching or research, of acclaim and awards they have received, of their scientific researches and of their published works…
EB-1 (C)
The executives of multinational companies who manage a major function or division of the company or the managers of the company who have under their supervision other professional or managerial employees. Such manager will manage a department or an important function. The executive or manager in question has worked for at least one year in the company or in an affiliate or subsidiary of the company in prior to the application for the EB-1 visa.
The company will sponsor the EB-1 application for their executives and managers in order to continue to render services to the same company or to a subsidiary or affiliate of it as a manager or an executive. The company in the U.S. must have been in operation for at least one year.
EB-2 Employment Second Preference
Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas. All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later). A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category:
1. Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
2. Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
EB-3 Employment Third Preference
This category for Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First and Second Preference visas. All Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category:
1. Skilled workers are persons capable of performing a job requiring at least two years'' training or experience; Professionals with a baccalaureate degree are members of a profession with at least a university bachelor's degree; and
2. Other workers are those persons capable of filling positions requiring less than two years'' training or experience.
EB-4 Employment Fourth Preference
These special Immigrants receive 7.1 percent of the yearly worldwide limit. All such applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884. Certain spouses and children may accompany or follow-to-join the principal special immigrant. Different types of special immigrants provided for under immigrant law are listed below:
1. Broadcaster in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization;
2. Minister of Religion;
3. Certain Employees or Former Employees of the U.S. Government Abroad;
4. Employee of the Mission in Hong Kong;
5. Certain Former Employees of the Panama Canal Company or Canal Zone Government;
6. Certain Former Employees of the U.S. Government in the Panama Canal Zone;
7. Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1, 1979;
2. Minister of Religion;
3. Certain Employees or Former Employees of the U.S. Government Abroad;
4. Employee of the Mission in Hong Kong;
5. Certain Former Employees of the Panama Canal Company or Canal Zone Government;
6. Certain Former Employees of the U.S. Government in the Panama Canal Zone;
7. Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1, 1979;
1. Interpreters and translators of Iraqi or Afghan nationality who have worked directly with the United States armed forces or under Chief of Mission authority as a translator or interpreter for a period of at least 12 months and meet requirements.
2. Iraqis who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year after March 20, 2003, and have experienced an ongoing serious threat as a consequence of that employment. This provision was signed into law in January 2008, creating 5,000 special immigrant visas each year for the next five years. The Department of State and the Department of Homeland Security are establishing regulations and procedures to permit applications under the new legislation to begin as soon as possible..
2. Iraqis who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year after March 20, 2003, and have experienced an ongoing serious threat as a consequence of that employment. This provision was signed into law in January 2008, creating 5,000 special immigrant visas each year for the next five years. The Department of State and the Department of Homeland Security are establishing regulations and procedures to permit applications under the new legislation to begin as soon as possible..
8. Certain Foreign Medical Graduates (Adjustments Only); Certain Retired International Organization employees;
9. Certain Spouses of a deceased International Organization Employee;
10. Juvenile Court Dependent (no family member derivatives);
11. Alien Recruited Outside of the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces;
12. Certain retired NATO-6 civilians;
13. Certain surviving spouses of deceased NATO-6 civilian employees;
14. Alien beneficiary of a petition or labor certification application filed prior to Sept. 11, 2001, if the petition or application was rendered void due to a terrorist act of Sept. 11, 2001;
15. Certain Religious Workers.
9. Certain Spouses of a deceased International Organization Employee;
10. Juvenile Court Dependent (no family member derivatives);
11. Alien Recruited Outside of the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces;
12. Certain retired NATO-6 civilians;
13. Certain surviving spouses of deceased NATO-6 civilian employees;
14. Alien beneficiary of a petition or labor certification application filed prior to Sept. 11, 2001, if the petition or application was rendered void due to a terrorist act of Sept. 11, 2001;
15. Certain Religious Workers.
Dependents of Employment Based Beneficiaries
The dependent spouse and under 21 year-old children of an employment-based beneficiary are considered derivative beneficiaries. They are eligible to immigrate under the same category as the principal beneficiary.
