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Business Immigration

Nonimmigrant Employment and Work Visas
Employment and Business Immigration to the USA
Employment-based Visa Preference Categories

There is a number of nonimmigrant work and business visas to the USA (H-1B, H-2B, H-3, J-1, L-1, TN, O-1, P-1, P-2, R-1, E-1, E-2, etc ) and a number of employment or business based immigrant visas (EB-1, EB-2, NIW, EB-3, EB-4, EB-5, Schedule A, etc). Each of them has its own eligibility rules and application procedures.

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• H-1B - Specialty Occupations, fashion models;
• H-2B - Temporary worker: skilled and unskilled;
• H-3 - Trainee;
• J-1 - Exchange Visitors or Au Pair;
• L-1 - Intra-company Transferee: Executive, Manager or Professional with Specialized Knowledge;
• TN - product of NAFTA, and designed for citizens of Canada and Mexico;
• O-1 - Visas for aliens with Extraordinary ability in Sciences, Arts, Education, Business, or Athletics;
• P-1 - Visas for individual or team Athletes, or Entertainment groups;
• P-2 - Visas for Artists and Entertainers in reciprocal Exchange programs;
• R-1 - Religious Workers;
• E-1 - Visas for Treaty Traders. This visa is appropriate for an individual going to the USA to carry on substantial trade, principally between the US and their own country;
• E-2 - Visas for Treaty Investors. This visa is appropriate for a foreign investor who is going to the United States to develop and direct the operations of an enterprise in which he has invested, or is in the process of investing a substantial amount of capital. The E-1 and E-2 visa categories are very popular because, unlike the L-1 visa category, it is not necessary to maintain a business outside the USA and these visas can be renewed every few years.

Note: E-1 or E-2 visa applicant must be a national of one of the treaty countries, countries with which the USA signed Trade Agreement. (List of Treaty Countries).

Note: A visa applicant must meet all visa eligibility requirements and not be inadmissible to the USA in order to apply successfully for a certain non-immigrant visa to the USA.

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An immigrant or lawful permanent resident is a person who was admitted for permanent residence in the USA. An Immigrant Visa differs from a Non-Immigrant Visa because it authorizes an individual to reside in the USA permanently, and after a statutory period of time, a lawful permanent resident can apply for USA citizenship, if otherwise eligible.

If an individual wants to become a permanent resident of the USA based on a permanent employment or business opportunity in the United States, he must go through a multi-step process:

• Most employment immigration visa categories require that a USA employer complete a PERM Permanent Labor Certification process with the US Department of Labor;
• The USCIS (US Citizenship and Immigration Services) must approve an immigrant visa petition, which is usually filed by an Employer (Petitioner) on behalf of an Employee (Beneficiary). This petition must be filed in the correct visa category and be supported by all required supporting documentation;
• If an applicant is already in the United States, he can apply to adjust status to a permanent resident status with the USCIS. Often, an applicant will have to wait a couple of years until a visa number becomes available in his visa preference category. Unless he is applying in the visa category where visa numbers are current and, therefore, available for applicants. If applicant is outside the United States when an immigrant visa number becomes available, he will be notified by the USA Embassy in his country and will have to complete the process at the appropriate USA Embassy or Consulate.

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• EB-1 - (First Preference) Priority Workers: persons with "extraordinary ability" in the sciences, arts, education, business or athletics; outstanding professors and researchers; certain multinational executives and managers. EB-1 applicants are exempt from requirement to obtain a labor certification. (28.6% of the worldwide employment-based preference level, plus any numbers not used for fourth and fifth preferences).
• EB-2 - (Second Preference) Professionals with Advanced Degrees or Persons with Exceptional Ability: Members of the professions holding advanced degrees or their equivalent; People demonstrated exceptional ability in the sciences, arts or business. EB-2 classification visa applicants have to obtain a labor certification, unless they are applying under Schedule A or requesting a National Interest Waiver. (28.6% of the worldwide employment-based preference level, plus any numbers not used by first preference).
• EB-NIW - (Second Preference) National Interest Waiver: certain exceptional ability applicants can file an immigrant visa petition without first obtaining a job offer and a labor certification. Therefore, they are requesting a waiver of this requirement based on the national interest.
• Schedule A Workers - Registered Professional Nurses (RN), Physical Therapists, etc. Currently, priority dates are current for Schedule A until the 50,000 quota fills up. Therefore, an applicant can concurrently file an immigrant visa petition and petition to adjust status, if they are in the USA. An applicant can be either US-trained or foreign-trained.
• EB-3 - (Third Preference) Skilled or Professional Workers: Professionals with a Baccalaureate degree (not qualifying for a higher preference category); Skilled workers (with min of two years training and experience); etc. (28.6% of the worldwide level, plus any numbers not used by first and second preferences).
• EB-4 - (Fourth Preference) Special Immigrants: Religious Workers working with Religious Organizations in the USA; employees and former employees of the US Government abroad; retired employees of certain international organizations. (7.1% of the worldwide level).
• EB-5 - (Fifth Preference) Immigrant Investors or Entrepreneurs: Employment creation, capital investment, commercial enterprise. (7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers).

The information provided on this website is for general informational purposes only, and is not a legal advice. This information is provided for general public, and is from general sources.

We can provide you legal assistance or give a legal advice regarding matters of employment and business immigration to the USA. Please call or email Attorney@law-visa-usa.com us if you want to schedule a consultation.