Private & Public Companies

EMPLOYMENT BASED IMMIGRANT PETITIONS

Obtaining a green card for your employees

There are many ways to obtain your green card for your current or a prospective employee. You must fit the employee into one of the following categories to be eligible:

EB-1: Three sub-groups within this category:

  • Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability.
  • Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education.
  • Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity.

EB-2:

  • Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
  • Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

EB-3: Three sub-groups within this category:

  • Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
  • Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
  • Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

EB-4: This category includes a number of perspective employees:

  • Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
  • Ministers of Religion
  • Certain Employees or Former Employees of the U.S. Government Abroad
  • Must use Form DS-1884, Petition To Classify Special Immigrant Under INA 203(b)(4) As An Employee Or Former Employee of the U.S. Government Abroad
  • Certain Former Employees of the Panama Canal Company or Canal Zone Government
  • Certain Former Employees of the U.S. Government in the Panama Canal Zone
  • Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1st, 1979
  • Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements. This classification has an annual numeric limitation of 50 visas.
  • Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year on or after March 20th, 2003 and prior to September 30, 2013, or in Afghanistan for not less than one year after October 7th, 2001, and have experienced an ongoing serious threat as a consequence of that employment.
  • Certain Foreign Medical Graduates (Adjustments Only) Certain Retired International Organization Employees
  • Certain Unmarried Sons and Daughters of International OrganizationEmployees
  • Certain Surviving Spouses of deceased International Organization Employees
  • Special Immigrant Juveniles (no family member derivatives; Adjustments Only)
  • Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
  • Certain retired NATO-6 civilians
  • Certain Unmarried Sons and Daughters of NATO-6 civilians
  • Certain Surviving Spouses of deceased NATO-6 civilian employees
  • Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11th, 2001, if the petition or application was rendered void due to a terrorist act on September 11th, 2001
  • Certain Religious Workers

EB-5: Immigrant Investor

  • Investors of $1,000,000 (U.S.); or
  • Investors of $500,000 (U.S.) in a high-unemployment or rural area, considered a targeted employment area

EMPLOYMENT BASED NON-IMMIGRANT PETITIONS

Obtaining a temporary visa for your employees

There are various visas you can obtain for your employee which allow you to employ them in the U.S. temporarily. Here are all the Visa categories and descriptions:

H-1B: Person in Specialty Occupation

To work in a specialty occupation. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense.

H-1B1: Free Trade Agreement (FTA) Professional – Chile, Singapore

To work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization. (Note: This is not a petition-based visa. For application procedures, please refer to the website for the U.S. Embassy in Chile or the U.S. Embassy in Singapore.

H-2A: Temporary Agricultural Worker For temporary or seasonal agricultural work

Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.

H-2B: Temporary Non-agricultural Worker For temporary or seasonal non- agricultural work

Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.

H-3: Trainee or Special Education visitor

To receive training, other than graduate medical or academic, that is not available in the trainee’s home country or practical training programs in the education of children with mental, physical, or emotional disabilities.

L: Intracompany Transferee

To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.

O: Individual with Extraordinary Ability or Achievement

For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes persons providing essential services in support of the above individual.

P-1: Individual or Team Athlete, or Member of an Entertainment Group

To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.

P-2: Artist or Entertainer (Individual or Group)

For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual.

P-3: Artist or Entertainer (Individual or Group)

To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.

Q-1: Participant in an International Cultural Exchange Program

For practical training and employment and for sharing of the history, culture, and traditions of your home country through participation in an international cultural exchange program.