Employment Based Visas
Employment based visas are used by employers in the USA who wish to bring and maintain the best foreign workers they can find to maintain their competitive edge, when necessary. Generally, employment based visas fall in three categories. The three categories are non-immigrant (temporary) visas, immigrant visas that yield legal permanent residency (green card) in the USA, and government visas. Employers usually do the petitioning for the non-immigrant and immigrant visas, while governments and organizations usually process the government visas through diplomatic pouches. Below is a list of categories of visas on which I worked with clients. If you have any questions, please contact me at audrey@gloverdichter.com or (954)450-1563.
NON-IMMIGRANT VISAS
There are numerous temporary employment based visas available in the USA such as:
H-1B: This visa is a professional visa that requires the minimum of a bachelors degree or its equivalent to be directly related to the position being offered. The professional must be petitioned by an employer. The total amount of time one can spend on an H-1B visa is normally 6 years, but there are few exceptions. This type of visa is used by nurses, doctors, and all kinds of professional fields.
L-1A: This visa is for intracompany transferees. The employee must have worked abroad for one full year for a company related to the USA company doing the petitioning. The total amoun of time one can spend on the L-1A is normally 7 years. This visa is used by executives and managers.
L-1B: This visa is for employees being transferred from one a related company abroad to the USA due to the employees specialized knowledge. The total amount of time one can be on this visa is 5 years.
E-1/E-2: Treaty trader investors can work in the USA by showing the USA company will trade in goods and/or services with their country of origin. There must a treaty between that USA and the investors country.
O-1: This is a temporary extraordinary ability visa for professionals in the sciences, arts, education, business or athletics. This visa requires that the individual or group have national and/or international acclaim. This visa is used for TV, film productions, athletes, etc.
O-2: This visa is used for those accompanying the O-1, but only if such person is integral part of the performance. This visa is usually used by famous performer’s technical group.
I: This visa is reserved for information media workers such as reporters.
J-1: This is an exchange visa allowing for particular training and education in certain fields. A good example is foreign doctors being trained in the USA who work in hospitals in the USA as part of their training and education. Also, this visa is used by prestigious international scholarship programs such as Rhodes, etc.
P-1: This visa is specifically classified for artists, athletes and entertainers who have a sponsor in the USA. This visa is used specific events such athletic competitions or specific performances.
R: This visa is for religious workers who come to the USA temporarily as a member of a religious organization to perform clergy type of functions.
Governmental Visas
The USA government issues special visas for diplomats and their cores such as:
A: visas issued to government officials.
C: Unitev Nations visas for those who work in the headquarters district.
G: Representative of international organizations where there is a bilateral employment agreement.
S: This visa is issued to NATO workers.
IMMIGRANT VISAS:
Extaordinary Ability: this visa allows professionals who have achieved the very top of their fields and are nationally and/or internationally renowned to petition for him/herself in that particular field.
Multinational Executives and Managers: This visa is reserved for executives and managers who have worked abroad for one full year for a company related to the USA company doing the petitioning as an executive or a manager.
Outstanding Professors and Researchers: This allows educational institutions and research institutions to petition for professors and researchers who are top in their field.
PERM/Labor Certification: The Labor Certification visa is a three step process. Before the process can begin the employee must have a petitioning employer process or sponsor him other for a particular position, what some call a Green Card sponsor. The employee, if already employed by the sponsoring employer, must stay with the employer throughout the process and even after the Green Card is received.
The first step of the process is to prepare and file the application with the Department of Labor (DOL) under the current PERM program. Prior to filing the application, the employer is required to test the market, which becomes a part of the PERM application. Once DOL process and certifies the application, the case is ready for the second step.
The second step is to file the petition with CIS (INS). The importance of this step is to show that the petitioning employer/sponsor can pay the offered wage and that the employee is qualified for the position. Once CIS process the peititon and it is approved, then the case is ready for the third step.
The third step is applying for Legal Permanent Residence/Green Card. The basis for the application are the prior two steps. In order to file the application to process the residency, the priority date of the case must be current. The priority date is the day the case was received for processing at DOL. Also, the movement of priority dates is based on the category under which the petition was filed. For example, if the position required a masters degree as a minimum requirement, then the position might be eligible for the second preference category. So, once the priority date becomes current, the beneficiary may apply for the Green Card or Permanent Residence.
For more information, please contact me at audrey@gloverdichter.com or 954-450-1563.
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