Are you a foreign national or a company eager to get a work visa in the U.S. or an employment-based green card for yourself or your employee? If yes, note that you’re at the right place. In this article, you’ll be briefed about the types of employment-based green cards and work visas in the United States. Find the best-suited option for yourself or else contact us to get professional assistance from our experienced immigration lawyers.
We’re one of the top-notched and highly sought-after firms who devise effective solutions for aspiring immigrants and organizations to get desired work visas and employment-based green cards in the U.S. Our professional immigration lawyers cater to the demands of every case and employ their experience to efficiently represent employers or employees. With us, you can rest assured that your journey to getting a work visa or employment-based green card in the U.S. will be smooth, timely, and barrier-less.
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Work visa services
Companies or employers who’re willing to employ foreign nationals in specialty occupations can opt for work visa options authorized by the government officials of the U.S. We strategize and develop plan that caters to your goals and needs for conveniently navigating through the entire process of work visa in the U.S.
Our team of experienced immigration lawyers can guide you through the work visa sponsorship process. Let’s dive deeper into some of our expertise in work visa options in the U.S.:
Professional Work Visa
- H-1B specialty occupation work visa
An H-1B specialty occupation work visa refers to a type of visa that allows foreign nationals to enter the U.S.A. for work purposes. It permits U.S. employers to employ foreign nationals in specialty occupations temporarily, however, the dual-intent nature of this visa allows the foreign national to opt for a green card.
The aspiring applicant’s immediate family members including spouse, and unmarried children (under 21 years of age) can apply for an H-4 dependent visa to accompany him/her to the U.S. Our employment-based immigration lawyers have assisted several organizations in the process of H-1B petition and H-1B lottery.
- H-1B1 Chilean and Singaporean specialty occupation work visa
As per the Free Trade Agreements between the U.S., Chile, and Singapore, the H-1B1 work visa permits around 1,400 Chilean and 5,400 Singaporean applicants to enter the U.S. on specialty occupation every year. It allows professionals of these countries with specialized skills to work in the U.S. easily as the annual limit on its issuance isn’t generally reached, hence, it’s one of the most preferred visa options for the applicants belonging to these countries.
The process of application is quite similar to the H-1B visa, though with a slight difference i.e. the visa can be directly applied with a U.S. consulate with no preliminary approval from USCIS. The employer must acquire the certified LCA (Labor Condition Application) from the US Department of Labor. The aspiring applicant’s immediate family members including spouse, and unmarried children (under 21 years of age) can apply for an H-4 dependent visa to accompany him/her to the U.S. Our lawyers have full expertise in this visa process and can effectively assist you.
- E-3 Australian specialty occupation work visa
The E-3 visa is a specialty occupation work visa that is available exclusively to Australian nationals. Around 10,500 Australian applicants gain this work visa every year, thus becoming one of the most opted visa options for Australian nationals due to the lower cap. The process of application is quite similar to the H-1B visa, though with a slight difference i.e. the visa can be directly applied with a U.S. consulate with no preliminary approval from USCIS.
The employer must acquire the certified LCA (Labor Condition Application) from the US Department of Labor. The Australian specialty worker’s immediate family members including spouse, and unmarried children (under 21 years of age) can apply for an E-3 dependent visa to accompany him/her to the U.S. We’ve extensive experience assisting Australian E-3 applicants and provided satisfactory services.
- TN Canadian and Mexican professional work visa
Substituting the North American Free Trade Agreement (NAFTA), the United States-Mexico-Canada Agreement (USMCA) was made which led to the creation of the TN visa which is a professional work visa that is available exclusively to Canadian and Mexican nationals who’re in quest of temporary employment in the U.S.
Apart from being the citizens of these countries and bearing a legal job offer from a U.S. employer, the TN beneficiary must be a professional worker in one of the professions listed in the USMCA/NAFTA. It’s to be noted that Canadian TN applicants are visa exempt and they must apply for admission in TN status with US Customs and Border Protection at an airport or land border port of entry, while Mexican TN applicants must apply for this visa with US consulate or embassy. We’ve extensive experience in assisting Canadian and Mexican TN applicants and provided extraordinary services.
- R-1 Religious occupation work visa
The R-1 visa is an occupational work visa that is available exclusively to religious workers such as clergy, missionaries, cantors, and religious healthcare service providers seeking temporary employment in the U.S., for up to 30 months (however, the stay can be extended to five years).
The R-1 specialty worker’s immediate family members including spouses, and unmarried children (under 21 years of age) can apply for an R-2 dependent visa. The applicant can apply for an EB-4 green card to obtain permanent status. Our expertise includes guiding aspiring applicants to attain this type of work visa sponsorship process.
Intracompany Transfer Work Visa
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L-1A work visa for managers or executives
To qualify for this type of work visa, one must show shared ownership between the foreign and U.S. companies and it’s issued generally for three years but can be extended to seven years.
Before transfer to the U.S., the employee must serve as an executive or manager in a foreign company for at least one year. The employee’s immediate family members can apply for an L-2 dependent visa.
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L-1B work visa for specialized knowledge workers
To qualify for this type of work visa, the employee must possess specialized knowledge about the sponsoring company’s products, services, equipment, or other processes and it’s issued generally for three years but can be extended to five years.
Before transfer to the U.S., similar to an L-1A work visa, the employee must serve as a specialized worker in a foreign company for at least one year. The employee’s immediate family members can apply for an L-2 dependent visa.
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L-1 visa blanket work visa
To qualify for this type of work visa, the foreign company must have an office and must do business in the U.S. along with having three or more foreign or domestic branches aligned with commercial trade.
Besides, the foreign company will be eligible if it has either $25 million in U.S. annual sales or a minimum of 1000 U.S. staff, or must have been approved a minimum of ten L-1 petitions in the past 12 months.
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E-2 treaty investor work visa
To qualify for this type of work visa, the treaty investor must be a national of a country with which the U.S. enterprise maintains a treaty of commerce and navigation. The U.S. enterprise may sponsor a temporary E-2 work visa to the employee belonging to the treaty country and s/he must possess specialized skills or work as an executive or supervisor.
This visa is valid for five years based on the employee’s nationality. The employee’s immediate family members can apply for an E-2 dependent visa.
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E-1 treaty trader work visa
To qualify for this type of work visa, the treaty trader must be a national of a country with which the U.S. enterprise maintains a treaty of commerce and navigation. The U.S. enterprise may sponsor a temporary E-1 work visa to the employee belonging to the treaty country and s/he must possess specialized skills or work as an executive or supervisor.
It’s valid for up to five years based on the employee’s nationality. The employee’s immediate family members can apply for an E-1 dependent visa.
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B-1 business visitor work visa
Also called a temporary business visitor visa, this work visa type is fit for foreign nationals engaged in temporary business activities including attending conferences, negotiating contracts, or consulting with business associates in the U.S.
To qualify for it, the foreign national must have permitted/approved business activity in the U.S. on a short-term basis.
Athlete and Entertainer Work Visa
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P-1A athlete work visa
It’s available to only internationally acclaimed athletes competing in any particular athletic event in the U.S., individually or as a group. It’s valid for up to five years, however, an extension of a maximum of ten years is allowed, in the case of individual athletes.
In the case of athletic teams, the initial stay duration is one year with an extension of an extra one year. Coaches, scouts, or trainers can apply for a P-1S visa to accompany the athlete or group to the U.S. The P-1A visa holder’s immediate family members can apply for a P-4 dependent visa.
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P-1B entertainment group work visa
It’s available to only internationally acclaimed entertainment groups performing in any pre-approved tour, engagement, or event in the U.S., for a minimum of one year.
It’s valid for up to one year, however, an extension is allowed based on the itinerary. If the group wishes to stay for a longer duration in the U.S., they may consider consultation with an experienced immigration lawyer like ours who’d review the case and expose them to visa options for further consideration. The other personnel of the entertainment group can apply for a P-1S visa to accompany the athlete or group to the U.S. The P-1B visa holder’s immediate family members can apply for a P-4 dependent visa.
Extraordinary Ability Work Visa
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O-1A work visa for individuals in business, education, science, or athletics
People having specialized skills in fields like business, education, science, or athletics can apply for an O-1A work visa in the U.S. To qualify for this type of visa, the applicant must show that s/he has either received highly auspicious awards (like the Noble Prize or others) in the specific field, been a member of prestigious associations, been featured in media publications, or received a handsome salary as compared to his/her colleagues.
The O-1A visa holder’s immediate family members can apply for an O-3 dependent visa.
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O-1B work visa for individuals in the arts, motion pictures, or television
People having specialized skills in fields like arts, motion pictures or television can apply for an O-1B work visa in the U.S. To qualify for this type of visa, the applicant must show that s/he has either received highly auspicious awards (Academy Award or Emmy Award, etc.) in the specific field, been successful commercially or critically, been critically reviewed in media publications, or received a handsome salary.
The O-1B visa holder’s immediate family members can apply for an O-3 dependent visa.
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O-2 work visa for support personnel of O-1
To qualify for this type of visa, the applicant must be a support personnel accompanying O-1 prime beneficiary to the U.S.
The applicant must add an inevitable element to the O-1 visa holder’s performance, something that cannot be added by any U.S. workforce. The O-2 visa holder’s immediate family members can apply for an O-3 dependent visa.
Temporary and Seasonal Work Visa
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H-2A work visa USA for temporary and seasonal agricultural workers
Employers sponsor foreign workers for temporary and seasonal agricultural workers through H-2A work visas.
It fulfills the gap of labor that is unavailable in the U.S., though the employer must show proof of unavailability along with demonstrating the temporary nature of the position. The immediate family members like spouses and unmarried children who’re less than 21 years old may apply for an H-4 dependent visa.
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H-2B work visa USA for temporary and seasonal non-agricultural workers
Employers sponsor foreign workers for temporary and seasonal non-agricultural workers through H-2B work visas.
It fulfills the gap of labor that is unavailable in the U.S., though the employer must show proof of unavailability along with demonstrating the temporary nature of the position. The immediate family members like spouses and unmarried children who’re less than 21 years old may apply for an H-4 dependent visa.
Dependents or Work Visa Holders
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H-4 dependent visa
The immediate family members like spouses and unmarried children who’re less than 21 years old, of H-1, H-2, and H-3 visa holders apply for H-4 dependent visas.
The stay duration is similar to the principal beneficiary, however, the spouse will be authorized to work in the U.S. only after the approval of the I-140 immigrant petition or post-reception of extension of H-1B status one -year beyond the overall six years depending on a filed PERM labor certification. The unmarried children bearing H-4 status aren’t eligible for work authorization.
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E dependent visa
The immediate family members like spouses and unmarried children who’re less than 21 years old, of E-1, E-2, and E-3 visa holders apply for E-dependent visas. The stay duration is similar to the principal beneficiary. The spouse of the principal beneficiary is authorized to work in the U.S.
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L-2 dependent visa
The immediate family members like spouses and unmarried children who’re less than 21 years old, of L-1 visa holders apply for L-2 dependent visas.
The stay duration is similar to the principal beneficiary. The spouse of the principal beneficiary is authorized to work in the U.S.
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O-3 dependent visa
The immediate family members like spouses and unmarried children who’re less than 21 years old, of O-1 and O-2 visa holders apply for O-3 dependent visas.
The dependent visa holders can stay in the U.S. as long as the principal beneficiary is staying and they’re permitted to indulge in full-time or part-time study but not for employment.
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P-4 dependent visa
The immediate family members like spouses and unmarried children who’re below 21, of P-1, P-2, and P-3 visa holders apply for a P-4 dependent visa.
The dependent visa holders can stay in the U.S. as long as the principal beneficiary is staying and they’re permitted to indulge in full-time or part-time study but not for employment.
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R-2 dependent visa
The immediate family members like spouses and unmarried children who’re less than 21 years old, of P-1, P-2, and P-3 visa holders apply for P-4 dependent visas. The dependent visa holders can stay in the U.S. as long as the principal beneficiary is staying and they’re permitted to indulge in full-time or part-time study but not for employment.
CHALLENGES OF EMPLOYMENT-BASED IMMIGRATION
Building a career in the land of opportunity (United States) is everyone’s dream. But the question is do you really have the skill and expertise that U.S. companies desire? If yes, then your path to the U.S. will be clear and smooth. Employment-based immigration in the U.S. is the best way for you to live your American dream and contribute your talents, work alongside the best, and permanently establish yourself in the dynamic US economy.
You must note that the U.S. provides talented foreign nationals with channels to immigrate, including employment opportunities. That said, U.S. law always prioritizes the job security of its legal citizens/residents, hence getting an employment visa can be quite complex. You’ll need legal assistance from professional immigration lawyers. We, at h1bvisajobs.com, have served several potential workers who seek entry into the U.S. for job purposes. While we guide you throughout the process, the employer must sponsor you and prove that they couldn’t find a U.S. citizen for the specific job.
There are five distinct categories of work visas, but each category incorporates a limited number of spots available every year. Additionally, the application process involves a lot of complex paperwork and specific requirements.
These are some of the reasons why foreign nationals seek immigration lawyers’ assistance to get these applications handled. This helps ensure everything is done correctly and increases the chances of approval.
Kindly consider the following points:
- The specific requirements and application process differ based on the category you apply under (there are five in total).
- The wait times for processing applications vary based on the category and current demand.
- Online resources loaded with the insights by USCIS are available to help you comprehend the process better.
Just so you know, the U.S. grants 140,000 immigration visas for foreign nationals, and their immediate family members such as their spouses and children who fulfill the age limit criteria along with possessing basic occupational skills. If you’re considering employment-based immigration, it’s wise to demonstrate a balanced combo of skills, education, and work experience to make yourself inevitable for the U.S. You must dig out the specific category that might apply to you and consult with an immigration attorney for personalized guidance.
FIVE EMPLOYMENT-BASED IMMIGRATION VISA PREFERENCES CATEGORIES
EB1-A visa category- Extraordinary Ability
This is the foremost category that pertains to foreign nationals with extraordinary abilities in the sciences, arts, education, business, or athletics. From eminent professors, and researchers to multinational executives and managers, these extraordinary sums of people can avail the opportunity to contribute their talents to enrich the U.S. economy.
They can self-petition for an Immigration Visa for Alien Workers, and if it’s approved, they can further access green cards. The applicant must file Form I-140 with the USCIS.
The basic requirement is that you must meet three out of ten criteria outlined by USCIS, including national or international awards, commanding a high salary, or making significant contributions to your field.
EB1-B visa category- Outstanding Professors and Researchers
This visa category involves researchers and professors who’ve earned national or international recognition in their academic field. Their visit to the U.S. must be for a tenured or tenure-track position at a highly acclaimed research institute or university. The offer must validate your entry into the U.S.
Here, you must show proof of having outstanding achievements through publications, research grants, or recognition from peers in your specific field.
EB1-C visa category- Multinational Managers & Executives
This visa category pertains to foreign nationals who’ve been employed as executives or managers playing vital roles in the operations of multinational companies.
A condition applies herewith that the beneficiary must have been employed in a managerial or executive role outside the U.S. for a minimum duration of one year in the last three years immediately before the filing of the application and thus seeks entry into the U.S. to work in the same post in the U.S. firm, corporation, organization or legal entity or its legitimate subsidiary or affiliate.
Under this visa category, the basic requirement is that you must demonstrate proof of your managerial or executive role in a multinational company, along with your company’s established relationship with its US affiliate. Besides, you must enter the U.S. to operate in a managerial or executive capacity for the US branch.
EB-2 visa category- Advanced degree holders or having exceptional ability
This employment-based green card type falls under the ‘second preference’ category which signifies the fact that it has a designated allocation of visas each year but faces higher competition compared to the faster EB-1 track.
There are two ways to obtain this visa: hold an advanced degree such as a Masters, PhD, or a bachelor’s degree with a minimum of five years of progressive experience in your field, or show exceptional ability, achievements, and recognition in fields like sciences, arts, or business.
In most cases, you’ll need an employer to sponsor your green card application. They will need to demonstrate a genuine need for your skills and prove they couldn’t find a qualified US worker for the position (through a process called PERM labor certification).
If your work is considered to be in the national interest of the US, you may be able to petition for an EB-2 green card without an employer sponsor. However, this requires strong evidence of your exceptional ability and how your work benefits the US. Processing times for EB-2 applications can vary depending on the current workload and visa availability. Generally, it can take several months to a few years.
EB-3 visa category- Skilled Workers, Professionals, and Other Workers
This employment-based green card type falls under the ‘third preference’ category and is designed for skilled personnel, professionals, and other workers that mostly involve less skilled workers.
There are three sub-categories under EB-3, and each has its peculiar requirements, such as skilled workers must possess a minimum of two years of work experience or training for the job they’re offered; professionals must hold a bachelor’s degree in the field that aligns with their offered job; and finally, the less skilled personnel must have an experience of or training for two or less than two years and must be offered permanent nor seasonal job.
The employer must file a petition on their behalf and sponsor their application by diligently going through a PERM Labor Certification process just to substantiate the fact that the post can’t be filled by any U.S. worker. A high number of visas are allocated every year and thus, it’s highly desired by many applicants. The processing time differs based on the workload and current visa availability but mostly it takes several months to a few years.
EB-4 visa category- Special Immigrants
This employment-based green card type falls under the ‘fourth preference’ category and is designed for individuals in specific occupations who don’t necessarily fit neatly into the other categories (EB-1, EB-2, EB-3).
These special immigrants are clubbed into several subcategories within EB-4, each requiring its eligibility criteria such as religious workers, priests, ministers, or other religious professionals must be affiliated with U.S. religious organizations for a minimum of past two years before applying for this visa; media professionals must work in a professional role for the international broadcasting agency; certain physicians must practice medicine in a U.S. state for a minimum of three years and must have a license. Moreover, certain members of the U.S. Armed Forces and employees (and their family members) of international organizations such as NATO, the UN, etc. are eligible to apply for this employment-based green card.
You must note that this category caters to only specific occupations, hence, it’s not a general option for all professions. Relatively, limited numbers of visas are allocated every year. Sponsorship criteria also differ based on the subcategory. Considering the specific nature of this category, you’re highly advised to consult with an immigration attorney like ours. Call us now!
EB-5 visa category- Investment Category
This employment-based green card type falls under the ‘fifth preference’ category and is designed for individuals who’re willing to make significant investments in a U.S. business or enterprise.
The minimum amount for investment is $1.05 million. However, there is a lower investment option of around $800,000 which incorporates an investment in a Targeted Employment Area (TEA). These areas are economically backward in the sense that their employment rate is lower or the geographical location is the countryside.
A green card can be obtained after the investment task is accomplished, which later creates or preserves a minimum of 10 full-time jobs for qualified U.S. workers. The investment must necessarily be in a commercial enterprise that proactively runs a business and not in stocks or bonds. The processing time is faster comparatively.
Consular Processing and Change or Adjustment of Status
The work visa can be obtained possibly in two ways depending on your current location.
One is through consular processing which is for applicants living outside the U.S. and the other one is adjustment of status that applies potentially to individuals already residing in the U.S. Both ways carry their own advantages. People go for any one of the options based on individual circumstances.
Conclusion
At h1bvisajobs.com, you’ll be acquainted with multiple work visa options with their peculiar pros and cons. Our employment-based immigration lawyers are professionally trained and have a good record of attending clients and representing their cases in the courts.
The process of obtaining an employment-based green card is quite complex. Therefore, you’re highly advised to consult with immigration attorneys. We would like you to note that our immigration lawyers are extremely professional and possess years of experience in handling immigration-based cases. You can always reach out to us at any time.
We plan and strategize the entire process of application and ensure a good outcome.
References
https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html