Employment-Based Immigration

Do you want to work in the U.S?

Employment-based immigration encompasses a wide variety of opportunities to come work temporarily or seek lawful permanent residency. 

Employment-based non-immigrant visas include:

  • H-1B visa Specialty occupation: The H-1B visa allows U.S. employers foreign professionals to work in the U.S. in professional or specialty occupation positions. 

 

  • L-1A visa Intracompany Transferee: L-1A visas allow U.S. companies with affiliated foreign offices to transfer employees in executive or managerial positions to the U.S. for up to 7 years. 

 

  • L-1B visa: Specialized Knowledge Intracompany Transferee: L-1B visas allow U.S. companies with affiliated foreign offices to transfer employees with specialized knowledge to work in the U.S. 

 

  •  E -1 & E-2 Visas – Treaty Trader or Treaty Investor: The E-1 and E-2 non-immigrant visas are granted to citizens of foreign countries that have a treaty commerce and navigation, or a bilateral investment treaty providing for non-immigrant entries with the U.S.

 

  • TN visa: Treaty Nafta Visa for Mexican and Canadian professionals:  The TN visa allows for Mexican and Canadian nationals to come to the U.S. and work temporarily in a certain professions  which have been identified by the North American Free Trade Agreement (NAFTA) such as accountants, computer system analysts, management consultant, geophysicists, and engineers.

 

  • O visa: Persons of Extraordinary Ability: The O-1 visa is available to individuals who hold extraordinary ability in certain fields, including the sciences, the arts, education, business, or athletics. The applicant must have been recognized nationally or internationally for their achievements in their field.

 

  • P visa: Entertainers, Athletes, artists and cultural exchange workers: P visas are available to entertainers, athletes, artists and cultural exchange workers to come temporarily in the US to perform in their field.

 

  • R-1 visa: Religious Worker visas: The R-1 visa allow for a religious worker to come and work temporarily in the US for a non-profit religious organization as a minister or in a religious capacity.

 

  • B-1 in lieu of H-1B:This classification allows employee of a foreign company to enter in the U.S. to work temporarily for a short time for the affiliate U.S. Company. The foreign employee must occupy a professional occupation (which requires at least the attainment of a Bachelor’s degree). Also, the foreign employee can only be paid by the foreign company and must comply with other B-1/B-2 requirements.

 

  • F-1 Student Visa:This classification allows a foreign national to enter the U.S. to study at the Institution of Higher Education. Students are allowed to seek Curricular Practical Training (CPT) while they are completing their study program. They can also obtain the Optional Practical Training (OPT) after completion of their studies.

 

  • J-1 Trainee Visa:This classification allows exchange visitor who has a foreign degree or a professional certificate and at least one year of prior related experience to obtain training for up to 18 months with a U.S. company.

 

  • H-3 Visa:This classification allows a temporary worker invited by an organization to receive instruction and training in any field of endeavor that is not designated primarily to provide productive employment.

 

  • H-2A Visa: this classification allows employers to hire temporary agricultural workers.

 

  • H-2B Visa: this classification allows employers to hire a temporary worker for a period of less than one year.

 

Employment-based immigrant visas include:

A Foreign National may receive a Lawful Permanent Resident card which is commonly referred to as a “green card” through his or her employment.  In a few words, a U.S. company must sponsor the Foreign National either for a position that the person already holds or for a new position.

First Preference Visas

  • EB-1-1 category: EB-1-1 visas are available to individuals who hold extraordinary ability in the arts, sciences, athletics, education, or business.

 

  • EB-1-2 category: EB-1-2 visas are available to outstanding professors and researchers.

 

  • EB-1-3 category: EB-1-3 visas are available to multinational executives and managers.

 

Second Preference Visas

  • EB-2 PERM Labor Certification: EB-2 visas are available to Foreign Nationals, members of professions holding either an advanced degrees, meaning a Master’s degree or its equivalent, or holding exceptional abilities in their field. The U.S. employer must complete a labor certification process before the U.S. employer can petition for the Foreign National’s immigrant EB-2 visa.

 

  • EB-2 (NIW): Foreign Nationals who hold exceptional abilities in their field and can demonstrate that their employment will be of national significance to the U.S. may seek a national interest waiver (NIW). Candidates who qualify for the NIW do not have to complete the labor certification process.

 

Third Preference Visas

  • EB-3 category: EB-3 visas encompass three categories of workers  who must complete the labor certification process:  professional workers who hold a bachelor degree, skilled workers who hold two years of work experience or training, and unskilled workers.

 

Fourth Preference Visas

This category allows special immigrants or religious workers to qualify for an immigrant visa.

EB-5 Immigrant Visa for Investors

The EB-5 immigrant visa is the fifth employment-based preference category. EB-5 visas are available to Foreign Nationals who have invested or are in the process of actively investing in a new commercial enterprise that will create at least 10 full-time jobs in the following two years and benefit the U.S. economy.

 

To speak with an experienced lawyer about your employment immigration concerns, please call our Houston office at (713) 589-2085.

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