Employment-based visas are indeed the most viable and highly opted visa options for foreign nationals seeking a job and willing to live in the United States. However, there are a lot of technicalities involved in obtaining the visa.
Therefore, people look for professional assistance from employment visa attorneys. We’re glad to inform you that our New York City employment-based visa attorneys have had the pleasure of assisting and guiding innumerable foreign nationals on achieving their goal of residing and working in the U.S. Not only that, we’ve paved the way of their employers to get the job done including filing of petition, application, and other adjacent formalities.
If you need any help, call us now. We’re available 24/7.
What Are the Differences Between the Types of Employment Visas?
There are mainly two categories of employment visa which are further sub-divided into several categories. Each visa category has its own peculiar requirements which make one different from the other. Understanding the differences will be quite complex. Therefore, consulting an immigration attorney becomes an inevitable option. Don’t worry when we’re there!
Here’s the several type of employment visas:
Non Immigrant Visas
- H-1B visas for specialty occupations. These are reserved for foreign nationals who possess specialized knowledge.
- H-2 visas for temporary workers. Someone who won’t be staying in the U.S. permanently. Besides, an H-2B visa is reserved for seasonal workers.
- L visas for intracompany transfers. This could be availed by an individual in an executive role or someone who possesses specialized knowledge. This will allow you to work legally for the U.S. branch of the company. The processing time is relatively faster. L-1A visa is for managers and executives who’ve worked for the company abroad in a managerial or executive role for a minimum duration of one year out of the past three years. And L-1B visa is for workers having specialized knowledge of the company’s products, services, or other processes.
- TN visas for NAFTA professionals. This reserves opportunities for qualified Mexican and Canadian nationals to work in a particular field under the North American Free Trade Agreement. Comparatively, the processing is unbelievably faster. No labor certifications or prevailing wage are required.
- E visas for treaty traders and treaty investors: These visas acknowledge the entry of treaty traders and investors who’re associated with U.S. enterprises in the U.S. with the objective of trade or investment or owning/running a corporation.
- J Visas for exchange visitor visas: These visas allow foreign nationals to participate in exchange programs in the United States. These visas offer ample chance to experience the American lifestyle, enhance skills, and venture into diverse ethnic prospects. The visa holder must receive an acceptance letter from a U.S. Department of State-designated program sponsor organization and show proof of financial security, medical soundness, and valid documents including a passport along with demonstrating language proficiency.
- R Visa for Religious Ministers or Workers: This visa caters the needs of individuals indulged in religious occupations. The basic requirement is that the R1 visa applicant must be a member of the same religious denomination as the U.S. organization you’ll be working for. The duration is minimum two years before they file a petition on your behalf.
- P Visa for Foreign Athletes, Entertainers, and Artists: This is a temporary visa granted to foreign athletes, entertainers, and artists arriving at the U.S. for performance or competition in a specific event or during a particular season. International recognition is must. The petition must be filed by the U.S. employer, agent, or entertainment group on your behalf with the USCIS.
- O Visa for Individuals with Extraordinary Abilities: This visa is for individuals with extraordinary ability or achievement and are willing to work in the U.S. in their specific area of expertise. O1-A visa is for them. In this case, an advisory opinion by a peer group or labor organization that confirm your extraordinary ability shall be sought. While O1-B visa is for foreign nationals having extraordinary ability in the arts or a demonstrated record of extraordinary achievement in the motion picture and television industry. You must be nationally or internationally acclaimed.
- J-1 Visa for Internships and Training: The J-1 Visa is a nonimmigrant visa program reserved exclusively for exchange visitors engaging in internships or training programs in the U.S. The maximum stay duration for interns and trainees is one year and 18 months respectively. It provides international students and professionals with valuable opportunities to develop professional networks, and gain practical experience and cultural exposure. All you need is an offer from a J-1 visa sponsor program, meet eligibility criteria (e.g., academic background, work experience), and demonstrate sufficient funds for your stay.
- B-1 visas for business visitors: These types of visas allow foreign nationals to engage in business activities like attending conferences, negotiating contracts, or exploring potential investment opportunities.
- B-2 visas for visitor visas: These visas allow foreign nationals to enter the United States for pleasure or tourism. The most common type of visitor visa is the B-2 visa. Through this visa, individuals can avail the opportunity to take a tour of the U.S., immersing in its rich tapestry, creating unforgettable moments, and reuniting with family and friends. The visa holder must show a passport, travel documents, and proof of financial stability.
Permanent Visas/ Green Card Visas
EB-1 Visas – Advanced degree holders or having exceptional ability
This Green card visa is for eminent professors, researchers, multi international managers and executives and individuals having extraordinary abilities in fields such as sciences, arts, education, business, or athletics. The following are its subcategories:
- 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.
- 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.
- 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.
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.
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.
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.
Conclusion
At h1bvisajobs.com, we’ve a team of highly experienced employment-based visa attorneys who’ve assisted several clients with 100% positive outcome. We go beyond limits to provide you satisfaction with our way of handling immigration related works. Connect to us now!