EB Visas  Employment-Based Visas (This is an immigration Visa based on permanent employment or

                                                                                     investment by entrepeneurs, 

 

Employment Based Green Card Options 

 

EB1 Green Card for Priority Workers

EB1 Green Card – One may be eligible for an employment-based, first-preference visa if they have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. 

 

EB2 Green Card for Advanced Degrees  

There are three types of EB2 Green Card Visas. 

1. EB-2(A): for foreign nationals professionals with an ‘advanced degrees’ (masters degree or higher) and with a job offer from a U.S. company.

2. EB-2(B): for foreign nationals with ‘exceptional ability’ in the sciences, business or arts and with a job offer from a U.S. company. 

3. EB-2(C): for foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest

 

EB3 Green Card for Professional and Skilled Workers

EB3 Green Card category consists of (1) professionals, (2) skilled workers and (3) unskilled workers. Most EB3 petitions require that an employer obtain the approval of a PERM application from the U.S. Department of Labor before sponsoring the person for permanent residence. (See more)

 

EB4 Green Card for Religious Workers and Special Immigrants

The EB4 Green Card category is reserved for a broad group of special immigrants that most commonly includes religious workers, broadcasters, Iraqi / Afghan translators, Iraqis who have assisted the United States, international organization employees, physicians, armed forces members, Panama Canal zone employees, retired NATO-6 employees, as well as spouses and children of deceased NATO-6 employees. (See more)
 

 

EB5 Green Card for Investors

The EB5 investor visa program enables foreigners who make an investment in a U.S. business to obtain a green card and become lawful permanent residents, and eventual citizens, of the United States. The investment can lead to a green card for the investor to permanently live and work in the United States with their spouse and unmarried children under the age of 21.

EB5:  Investment Visa where $500,000 or $1,000,000. is invested in a USA enterprise. (See more)

Investor Visas

EB5

E1 and E

 

Employee Visas

EW3 (employee - unskilled worker)
If a person enters the U.S. with an EW3 visa and fulfills the contract with his/her employer, there is no need for renewal. Naturalization can be applied for 4 years and 9 months after becoming a resident. Details of the employment may be relevant during the during the Naturalization process.

 

1st Preference

E11 – Alien with Extraordinary Ability

E12 – Outstanding Professor and Researcher

E13 – Multinational Manager and Executive

 

2nd Preference

E21 – Member of the Professions holding an Advanced Degree or an Alien of Exceptional Ability (Not seeking a National Interest Waiver)

NIW – An alien applying for a National Interest Waiver who is a Member of the Professions holding an Advanced Degree or an Alien of Exceptional Ability.

 

3rd Preference

E31 – Skilled Worker

E32 – Professional

EW3 – Other Worker

 

 Employment  Based Visas

 

 

 

Below is a menu of potential visa pathways for foreign entrepreneurs.

1. The immigrant visa pathways may allow foreign entrepreneurs who have already started or are about to start a new business in the United States to immigrate permanently to the United States.

2. The non immigrant visa pathways may allow foreign entrepreneurs to explore or start a new business in the United States. 
    

Green Card Through a Job

The main ways to immigrate based on a job offer or employment are listed below:

Green Card Through a Job Offer: You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.

 

All employment Visas can be used by your own company hiring you. 

 

 

IMMIGRATION VISAs

 

EB-1A Extraordinary Ability  (EB = Employment Based)  is an Immigrant Visa

You may be eligible for the EB-1A extraordinary ability immigrant classification if you have extraordinary ability in the sciences, arts, education, business, or athletics as demonstrated by sustained national or international acclaim and recognized achievements in the field of expertise. In addition, you must show that you will continue working in your area of extraordinary ability. Extraordinary ability means that your level of expertise indicates that you are one of the small percentage of individuals who have risen to the very top of your field. You may self-petition as an extraordinary ability individual since a job offer is not required for this classification. 

 

 

EB-2 Exceptional Ability (EB = Employment Based)  is an Immigrant Visa

This category is for professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business generally requires a job offer and a labor certification issued by the Department of Labor (DOL). The labor certification process exists to protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing qualified U.S. workers. Please visit the Department of Labor’s website to learn more about the labor certification process. 

 

 

EB-3 Skilled, Professionals and Other Workers (EB = Employment Based)  is an Immigrant Visa

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

• “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature

• “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions

• The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience
   

 

 

EB4 Special Immigrant  (EB = Employment Based)  is an Immigrant Visa

You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:

• Religious Workers *

• Broadcasters

• Iraqi/Afghan Translators

• Iraqis Who Have Assisted the United States

• International Organization Employees

• Physicians

• Armed Forces Members

• Panama Canal Zone Employees

• Retired NATO-6 employees

• Spouses and Children of Deceased NATO-6 employees

              

 

 

EB5.  Immigrant investment Visa.  Please click here

 

 

 

NON IMMIGRANT VISAs 

 

O-1A Extraordinary Ability and Achievement  non Immigrant Visa

You may be eligible for an O-1A visa if you have extraordinary ability in the sciences, arts, education, business or athletics, which can be demonstrated by sustained acclaim and recognition, and you will be coming to the United States to start a business in your field. Extraordinary ability means you have a level of expertise indicating you are one of the small percentage of people who have risen to the very top of your field.

Initial period of  stay in the United States: Up to 3 years. May extend or renew the period of stay in 1 year increments as necessary to complete or further the event or activity.

 

The H-1B visa  (Specialty Occupation) (H=Hire) non immigrant visa

The H1B visa is an employment-based, non-immigrant visa category for temporary workers. For such a visa, an employer must offer a job and apply for your H1B visa petition with the US Immigration Department.

You may be eligible for an H-1B visa if you are planning to work for the business you start in the United States in an occupation that normally requires a bachelor’s degree or higher in a related field of study (e.g., engineers, scientists or mathematicians), and you have at least a bachelor’s degree or equivalent in a field related to the position.

 

Initial period of stay in the United States: Up to 3 years. Extensions possible in up to 3 year increments. Maximum period of stay generally 6 years (extensions beyond 6 years may be possible).

 

This Visa is by far the most widely used visa by U.S. firms to hire skilled foreign-born workers, is invalid if visa holders leave or lose their job. That means immigrant entrepreneurs must keep their day jobs while working to launch their own ventures. The same is true of most green-card applicants. Other employment-based visas require high upfront investing into a U.S. venture.  

In order to issue an H-2B certification to an employer, the Department of Labor (Department) must determine that:

• There are not sufficient U.S. workers who are qualified and who will be available to perform the temporary services or labor for which an employer desires to hire foreign workers, and

• The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

 

There is a potentiality of an employee becoming a permanent employee with the filing of Form I-140, Immigrant Petition for Alien Worker with the USCIS​

 

L Visas (L = Labor) non Immigrant Visa

The L1 visa classification is divided into two separate visa classifications,

1. L1-A for managers and executives and

2. L1-B for an employee in a specialized knowledge capacity.

 

L-1 Intra-company Transferee non Immigrant Visa

ƒ A Labor Certification is not required ƒ Allows a qualifying organization to petition for an alien who within the preceding three years has been employed abroad for one continuous year by a qualifying organization to be admitted temporarily to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge. ƒ The qualifying organization may be a new office that is being opened or a pre-established office in the U.S. ƒ The employer may petition for an employee through an individual petition process or through a blanket petition process. ƒ Spouses and unmarried children under the age of 21 are eligible for an L- 2 visa. ƒ

 

L1-A Managerial and Executive ƒ non Immigrant Visa
The L1-A is the classification for intra-company transferees who are coming to the United States to work in a managerial or executive capacity. ƒ Managerial capacity means an assignment within an organization in which the employee primarily:

 

        Managerial Capacity

1. Manages the organization, or a department, subdivision, function, or component of the organization;

2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;

3. Has the authority to hire and fire or recommend those as well as other personnel actions, or if not directly supervising employees, functions at a senior level within the organizational hierarchy or function managed, and

4. Exercises discretion over the day to day operations of the function for which the employee has authority.

ƒ
        Executive Capacity

1. Means an assignment within the organization in which the employee:

2. Directs the management of the organization or a major component or function of the organization;

3. Establishes goals and policies;

4. Exercises wide latitude in discretionary decision making; and

5. Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization. 
    

Maximum period of stay: An L1-A has a maximum stay in the U.S. of seven years. 

 

L1-B Specialized Knowledge non Immigrant Visa

 is the classification for intra-company transferees who are coming to the United States to work in a specialized knowledge capacity. ƒ Specialized Knowledge Capacity is defined as specialized knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. ƒ

Maximum period of stay: An L1-B has a maximum stay in the U.S. of five years.

 

 

TN Visas  (TN = Trade National) non Immigrant Visa

A Canadian or Mexican citizen may work in the U.S. under NAFTA (The North American Free Trade Agreement is an agreement among the United States, Canada and Mexico designed to remove tariff barriers between the three countries.) A NAFTA TN visa status allows for lawful permanent residence. With careful planning a Canadian or Mexican citizen may both file for a green card and continue to work in the U.S. under TN visa status until the green card is issued.

 

A TN visa professional must maintain bona fide non immigrant intent. Under the U.S. immigration NAFTA regulations a TN applicant cannot intend to establish permanent residence in the U.S. and must satisfy the inspecting officer that the proposed stay is temporary and has a finite end. This means a TN visa professional must intend to depart the U.S. at the conclusion of the TN employment. In immigration parlance, this means that the concept of dual intent does not apply to TN visa status.

Immediate Visit Must be Temporary;  Future Immigrant Intent Permissible.

 

The requirement to maintain bona fide nonimmigrant intent does not mean that a TN applicant cannot simultaneously apply for permanent residency (i.e., a green card) while in the U.S. under valid TN visa status. The regulations do not prohibit an applicant for a TN visa from possessing intent to immigrate in the future: “An intent to immigrate in the future which is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary. An extended stay, even in terms of years, may be temporary, as long as there is no immediate intent to immigrate.” 9 FAM § 41.59 N5.

 

An Employment Based Green Card Application Does Not Grant Immediate Access To Permanent Residency.

TN visa professionals who file employment based green card applications do not generally have immediate access to lawful permanent residence status. The permanent residence process for employment based green cards includes a three-part procedure involving

(1) Permanent labor certification (PERM);

(2) the filing of a petition for immigrant worker to the USCIS; and

(3) (a) filing an application to adjust status or (b) obtaining an immigrant visa at a U.S. consulate abroad. The procedure from the step one PERM process to the step three issuance of a green card can take several years.

 

 

NIW. National Interest Waiver Please click here.

 

 

 

Important Note

USCIS changes things from time to time.  We will be happy to provide you with the latest when you contact us.

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Overview

The Immigration and Nationality Act provides a yearly limit of 140,000 employment-based immigrant visas, which are divided into five preference categories. They usually require a labor certification from the U.S. Department of Labor (DOL) and the filing of a petition with the Department of Homeland Security (DHS).

Employment First Preference (E1)

 

Priority Workers must have an approved Form I-140, Immigrant Petition for Foreign Worker, normally filed by the employer in the U.S. with the DHS. They include:

• People of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants must have extensive documentation showing national or international acclaim and recognition in their field of expertise. They do not have to have a specific job offer, and can file their own petition with the DHS.

• Outstanding professors and researchers with at least three years of experience in teaching or research, who are recognized internationally. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the DHS; and

• Executives and managers who have already been employed by a U.S. company’s affiliate, parent, subsidiary, or branch. No labor certification is required, but the prospective employer must provide a job offer and file a petition with the DHS.

 

Employment Second Preference (E2) persons of exceptional ability in the arts, sciences, or business. All applicants must have a labor certification or establish that they qualify for one of the shortage occupations. A job offer is required and the U.S. employer must file a petition on behalf of the applicant.

 

Employment Third Preference (E3)

Skilled workers, professionals holding baccalaureate Degrees and other workers. All applicants require an approved Form I-140 filed by the prospective employer. All require a labor certification.

Employment Fourth Preference (E4)

Special E4 immigrants must be the beneficiary of an approved petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad. Certain Employees of Former Employees of U.S Government Abroad must contact their Human Resource office or its equivalent.

 

Employment Fifth Preference (E5)

Employment Creation Investor applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur, with the USCIS. To qualify, the applicant must invest between U.S. $500,000 and $1,000,000, in a commercial enterprise which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family. Please refer to the USCIS website information for EB-5 immigrant Investor for more information.

Labor Certification

 

A person whose occupation requires a labor certification must have prearranged employment in the United States. The prospective employer will coordinate with the prospective employee to file the appropriate forms for the Labor Certification in the United States where the work will be performed. The employer will be notified by the Department of Labor (DOL) when it is approved or disapproved. If a labor certification is granted, the employer may then file a Form I-160, Petition for Prospective Immigrant Employee, with the DHS for the appropriate preference category.

Numerical Limitations

 

Whenever there are more qualified applicants for a category than there are available places, the category is considered oversubscribed. Immigrant visas are issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a labor certification becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.

advised not to finalize travel arrangements, dispose of their property, or give up their jobs until after they have been issued visas. Quitting a job, leaving school, selling property and/or closing bank accounts prior to visa issuance may be risky, as in certain cases visa issuance may be delayed for some time.

 

Special Immigrant Visas

For immigration based on special categories, including former U.S. government employees.

Diversity Immigration (DV) Category for the Month of October. (Lottery Visa) 

A new bulletin updated dated September 25, 2015

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. ​

 

The NACARA  (Nicaraguan Adjustment and Central American Relief Act)  stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2016 annual limit to 50,000. DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

 

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2016 program ends as of September 25, 2016. DV visas may not be issued to DV-2016 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2016 principals are only entitled to derivative DV status until September 30, 2016. DV visa availability through the very end of FY-2016 cannot be taken for granted.

 

Other immigrant visa categories:

 

Immediate Relative & Family Sponsored

Visa Type and Form Category

1. Spouse of a U.S. Citizen  IR1, CR1

2. Spouse of a U.S. Citizen awaiting approval of an I-130 immigrant petition K-3 *

3. Fiancé(e) to marry U.S. Citizen & live in U.S.K-1 *

4. Intercountry Adoption of Orphan Children by U.S. Citizens IR3, IH3, IR4, IH4

5. Certain Family Members of U.S. Citizens IR2, CR2, IR5, F1, F3, F4

6. Certain Family Members of Lawful Permanent Residents F2A, F2B

7. Employer Sponsored – Employment EW3 unskilled worker If a person enters the U.S. with an EW3 visa and fulfills the contract with his/her employer, there is no need for renewal. Naturalization can be applied for 4 years and 9 months after becoming a resident. Details of the employment may be relevant during the during the Naturalization process. Must show USCIS that no USA person can do the job. It is for people who are planning to work permanently even after they have received their green card.

8. Employer Sponsored - C5,

9. Immigrant Investor Visas (C5, T5, R5, I5)

   Immigrant Investor Visas (C5, T5, R5, and I5) are part of the Employment Fifth Preference (E5) category of Employment-Based Immigrant Visas. Immigrant Investors may also be referred to as "Immigrant Entrepreneurs" in the C5, T5, R5, and I5 visa categories. These employment visas are specifically for foreign investors that wish to enter the United States to do business with and invest in new commercial enterprises that will help the U.S. economy by creating more jobs. The four types of immigrant investor visas in the E5 category are:

   • C5, for employment created outside of a targeted area

   • T5, for employment created inside of a targeted/rural high unemployment area

   • R5, for an Investor Pilot Program not in a targeted area

   • I5, for an Investor Pilot Program in a targeted area

10. Iraqi and Afghan Translators/Interpreters SI 

11. Iraqis Who Worked for/on Behalf of the U.S. Government SQ

12. Afghans Who Worked for/on Behalf of the U.S. Government SQ

 

Other Immigrants

Returning Resident SB

Important Notes:

*K Visas – Listed with immigrant visas because they are for immigration related purposes.

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For other USCIS terms please click here