If your employer is offering you a permanent position with their company, this category is for you. We can help you navigate through the Immigrant Category maze tailored to your specific circumstances.
A United States Employer is willing to sponsor an employee to pursue Lawful Permanent Residence. There are 5 Employment Based Categories, some categories do not require sponsorship through an employer, and some categories require a Labor Certification prior to submitting the actual petition (I-140). Each category is divided in subcategories based on individual qualifications.
First Preference – Employment Based Immigration. If you meet one of three categories, you may qualify for this visa:
- Extraordinary ability in the sciences, arts, education, business or athletics.
- Outstanding professors or researchers.
- Managers and executives subject to international transfer.
One advantage to qualifying under the first-preference employment based visas, is that no labor certificate is required. Labor Certificates must be acquired through the U.S. Department of Labor and are time consuming and expensive.
Advanced Degrees or Individuals of Exceptional Ability
Second Preference – Employment Based Immigration. If you meet one of these three categories, then you should be eligible for this visa:
- Advanced Degree
- Exceptional Ability
- National Interest Waiver
Skilled Workers, Professionals Holding BA
Third Preference – Employment Based Immigration. If you meet one of these three categories, you may qualify for this visa:
- Skilled Workers
- Professionals Holding Baccalaureate Degree
- Unskilled Workers (Other Workers)
Fourth Preference – Employment Based Immigration. Eligibility for Employment-Based, fourth preference visa, can fall under the following categories:
- Religious Ministries and Workers
- Iraqi/Afghan Translators
- Iraqis Who Have Assisted the United States
- International Organization Employees
- Armed Forces Members
- Panama Canal Zone Employees
- Retired NATO-6 Employees
- Spouses and Children of Deceased NATO-6 employees
Immigrant Investor Visa
This visa is available to immigrants seeking to enter the United States if they plan on investing in a new commercial enterprise that will benefit the US economy and create at least 10 full-time jobs.
This category is for individuals that will enter or remain in the United States temporarily for a very specific function.
Temporary stay for individuals in different categories, i.e. work, investment, study, etc. Some classifications allow to apply directly at the U.S. Consulate in your home country. You are able to enter the United States along with you dependents, i.e. spouse and children under 21.
Treaty Trader Visa
This non-immigrant visa allows an applicant who is or will be conducting international trade if they are a national of the treaty country and the trading business for which the applicant is entering the United States is solely for this purpose.
Treaty Trader Visa
This non-immigrant visa is for those who is in the process or has invested a substantial amount of capital in a U.S. business and are a national of the treaty country.
Certain Specialty Occupation Professionals from Australia
The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States.
Temporary Agricultural Workers
The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U.S. employer, a U.S. agent as described in the regulations, or an association of U.S. agricultural producers named as a joint employer must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.
This classification allows U.S. employers to petition for foreign nationals to fulfill temporary non-agricultural jobs. The U.S. employer must obtain a temporary Labor Certification through Department of Labor proving there are no willing and able U.S. workers to take said positions – prior to filing an H-2B petition with USCIS.
Visa Specialty Occupation
H-1B visas are designed to attract professionals in Specialty Occupations (researchers, professors, engineers, software programmers and other professionals). One benefit of the H-1B visa is that even though it is a non-immigrant visa, it has an option of dual intent, meaning the holder can have legal immigration intent (apply for and obtain a green card) while still a holder of the visa.
L Blanket Petition Program
The L Blanket Petition Program can be used for both L-1A and L-1B intra-company transferees that are employed with large multi-national organizations. This program simplifies the process for USCIS to admit and approved these category workers.
Intra-Company Transferee Executive or Manager
L-1A is reserved to facilitate the transfer of employees within a company. This visa is referenced as intra-company transferees. This visa can be used by a small business or start-up in order to expand their company. This L-1A Intra-Company transferee under the Executive or Manager level allows a company’s parent or subsidiary abroad to transfer their executive or manager for the purposes listed below.
Intra-Company Transferee Specialty Knowledge
L-1B visa is reserved to facilitate the transfer of professionals within a company. This category is referenced as intra-company transferees and is for those employees with specialized knowledge. These knowledgeable employees will be transferring within a company that will be transferring from a foreign company to a U.S. branch, subsidiary, or affiliated company to impart or convey that specialized knowledge to its counterpart.
Individuals with Extraordinary Ability or Achievement
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
internationally Recognized Athlete
The P-1A classification applies to you if you are coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.
A Member of an Internationally Recognized Entertainment Group
The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.
Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program
The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.
Artist or Entertainer Coming to be Part of a Culturally Unique Program
The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.
Temporary Nonimmigrant Religious Workers
An R-1 is a foreign national who is coming to the United States temporarily to be employed as a minister or in another religious vocation or occupation at least part time (average of at least 20 hours per week).
NAFTA (North American Free Trade Agreement)
The TN Visa was created for professionals under the North American Free Trade Agreement (NAFTA) which was established for economic trade and commerce between Canada, Mexico and the United States. Under this category qualifying professionals may enter the U.S. to work for a Canadian or Mexican company in the U.S. who is engaged in business activities related to economic trade.
FAMILY & CITIZEN
We can help – Whether you are interested in Naturalization, US Citizenship or Permanent Residence through immigration sponsored by a relative.
There are several ways to obtain citizenship:
- Citizen by Birth, even if born abroad;
- Citizen through naturalization, and
- Citizenship through Military Service
Permanent Residence through family-sponsored immigration allows close relatives of US citizens and lawful permanent residents to immigrate to the United States.
In case of need, our office can offer various support services in compliance with all visa requirements in the provision of appropriate documents.
We can assist you with:
- Business Plans
- Entity Formation
- Translation of Documents from Spanish to English