Employment-Based Visas and Immigration

Employment immigration

Employee Talent

U.S. employers are always looking for the best talent to help them innovate and grow their businesses and look to the global market place to find the best and brightest, those whose credentials and training are essential to provide specialized services and fill unique positions.  The U.S. government provides a wide array of employment based visas to allow skilled workers to live and work for specific employers in the United States, whether for a limited period of time or permanently.  The process can be very complicated, requiring verification and assessment of foreign educational credentials, conducting labor market surveys, and obtaining certifications from the US Department of Labor.

Employers can petition for employers obtain permanent residence in the United States.  Individuals with extraordinary ability or investors who can create job in the United States are eligible to apply on their own behalf.  Spouses and children of beneficiaries of these petitions may be able to obtain status as derivative family members.

Immigrant employment-based visas include:

EB-1 Priority workers –  individuals of extraordinary ability, outstanding professors and researchers, and multinational executives and managers
EB-2  – members of professions with advanced degrees or individuals with exceptional ability
EB-3 – professional, skilled or certain other workers
EB-4 – special immigrant employees of the U.S government, members and employees of the U.S. armed forces, NATO civilian employees, BBC broadcasters, employees of certain international organizations and certain other workers
Nonimmigrant employment-based visas allow individuals to work and live in the United States on a temporary basis, working for a specific employer.  These visas may be extended and there are provisions allowing spouses and children to accompany certain non-immigrant visa holders to the United States.
Nonimmigrant employment-based visas for business professionals include:
TN –
H1B – professionals in specialty occupations
H2A – temporary or seasonal agricultural workers,
H2B – workers providing other temporary service or labor
L – Intracompany transferees
E – Investor and traders from countries with which the US has certain trade treaties
O – Workers with extraordinary ability, extraordinary achievement, and national or international acclaim in certain fields
P – for certain internationally recognized athletic teams, minor league players, and entertainers, as well as reciprocal or cultural programs or performers
Q – Participants in certain, specified international cultural exchange programs
R – Certain religious workers
There are also several academic, training, vocational and exchange visa programs including:
F – Student visas
H3 – trainees
J – Exchange Visitors