Employment-Based Visa

There are different preference categories for permanent residency based on employment:

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Immigrant Visa

  • First preference (EB1) is for professionals with extraordinary ability, outstanding professors or researchers, or a multinational manager or executive.
  • The second preference (EB2) is for professionals with an advanced degree or who have exceptional abilities.
  • The third preference (EB3) is for workers who are professionals, skilled workers, or other workers.
  • The fourth preference (EB4) is for special workers and includes a variety of different professions.

Non - Immigrant Visa

H-1B - Specialty Occupation (Professional) Visa:

This visa is a for a temporary worker in a specialty occupation. It is subject to an annual capping. It is for those workers with a bachelor's or higher degree in a specialty occupation. The employer must show that the job requires a degree or higher education and that it is so in the applicable trade.

The visa is issued for an initial period of three years and may be renewed for another three years. A person on H-1B visa may be petitioned for by an employer for a "green card" anytime during this period. In other words a change of status from h-1B to permanent residence is allowed.

L-1A - Intracompany Transferee Visa for Managerial Positions:

This visa is for a managerial level employee of a foreign business entity to come to the U.S. and hold a managerial position in a U.S business entity owned by the foreign business entity. It is initially granted for one year and upon showing that the L-1 entrant is working in the position for which he had come to the U.S the period is extended by three years. A person on this visa may be sponsored by the same U.S. business entity for a Permanent resident status. Family of the L-1 employee, including children under 21 years of age are entitled for L-2 category allowing them to enter the U.S.

L-1B - Intracompany Transferee Visa for Specialized Knowledge Positions:

This category is for a non-management level employee of a foreign business entity to enter the U.S. and work for the U.S. business entity owned by the foreign company. The requirements for this visa are similar to those for L-1A except that the person is not a manager but possesses specialized knowledge or skills required by the U.S. business entity.

O-1 - Extraordinary Ability Visa:

This visa is for persons of extraordinary ability in the arts, sciences, education, business or athletics or one who has demonstrated a record of extraordinary achievement in the motion picture or television industry, and has been recognized nationally and internationally for those achievements. Persons on O-1 visa are allowed to be employed by the sponsor.

P-1 - Athletes and Group Entertainer Visa:

This visa is for an athlete who is coming to the U.S for participating in an athletic event or to work for an organization as an instructor in that particular sport. The person must show a high degree of skill and should have an international recognition.

R-1 - Religious Worker Visa:

This visa is for a person coming to the United states temporarily to be employed at least part-time by a non-profit religious organization as a minister or in a religious vocation or occupation. To qualify the person must have been a member of a religious denomination having a non-profit religious organization in the United States for at least two years immediately preceding the petition.

 

Ahmad Law Group Can Help

 

For each of the different categories, there are very specific requirements that must be met before you can complete the application.  The Ahmad Law Group works with you to identify which employment based visa is right for you, and complete the necessary documentation.

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