Employment-Based Immigration Services

Immigrant Visas

EB-1

The EB-1 visa is an employment-based immigrant visa available to individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers. This visa category does not require a labor certification, making it attractive to those who qualify. To be eligible for an EB-1 visa, applicants must meet specific criteria based on their field of expertise. The EB-1 visa provides a direct path to permanent residency for individuals who have demonstrated excellence in their respective fields.

EB-2 National Interest Waiver

The EB-2 National Interest Waiver (NIW) visa is a category of employment-based immigrant visa available to foreign nationals who are members of the professions holding advanced degrees or those with exceptional ability in the sciences, arts, or business. The NIW waives the requirement for a job offer from a U.S. employer, allowing individuals to self-petition for permanent residency if they can demonstrate that their work is in the national interest of the United States. To qualify for an EB-2 NIW visa, applicants must meet specific criteria established by the United States Citizenship and Immigration Services (USCIS), including providing evidence of their accomplishments and expertise in their field. Successful NIW applicants can obtain lawful permanent resident status in the U.S. without the need for a labor certification or employer sponsorship.

EB-2 with Labor Certification

An EB-2 visa category requires individuals to have advanced degrees or show exceptional ability in their field. The Labor Certification process involves the employer demonstrating efforts to recruit American workers before hiring a foreign national. This process aims to protect job opportunities for American workers and ensure that foreign workers are only brought in when no qualified Americans are available. A successful Labor Certification is a critical step in obtaining an EB-2 visa, demonstrating compliance with relevant labor market regulations.

EB-3

An EB-3 visa is an employment-based immigrant visa preference category for foreign nationals seeking employment in the United States that requires a labor certification. This visa category is divided into three subcategories:

1. EB-3A - For professionals who hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession.

2. EB-3B - For skilled workers who have at least two years of job experience or training.

3. EB-3C - For unskilled workers in positions that require less than two years of training or experience.

Each subcategory has specific requirements and an annual cap on the number of visas issued. The process for obtaining an EB-3 visa can be complex and requires employer sponsorship.

If you are considering applying for an Employment-Based visa, it is advisable to seek the guidance of an experienced immigration attorney to navigate the process efficiently and effectively. Please feel free to contact us at TM Immigration Law.

Nonimmigrant Visas

H1-B

The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as science, engineering, and information technology.

L Visas

L visas are a type of visa that allows for the intracompany transfer of employees within multinational companies. There are two main categories of L visas: L-1A visas for managers and executives, and L-1B visas for employees with specialized knowledge.

L-1A Visas:

• For managers or executives being transferred to a U.S. office.

• Must have been employed at the foreign company for at least one continuous year within the three years preceding the application.

• Duration of stay can be up to 7 years for L-1A visa holders.

L-1B Visas:

• For employees with specialized knowledge being transferred to a U.S. office.

• Must possess specialized knowledge essential to the organization's interests.

• Duration of stay can be up to 5 years for L-1B visa holders.

Both L-1A and L-1B visas can lead to the opportunity to apply for a Green Card. It is important to meet all requirements and provide necessary documentation for a successful L visa application.

O visas

O visas are a category of non-immigrant visas available to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry. There are three types of O visas:

1. O-1A: For individuals with extraordinary ability in the sciences, education, business, or athletics.

2. O-1B: For individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

3. O-2: For individuals who will accompany an O-1 visa holder to assist in a specific event or performance.

To qualify for an O visa, the applicant must provide extensive documentation to demonstrate their extraordinary ability or achievement. The application process can be complex, requiring careful attention to detail to ensure a successful outcome. Working with experienced immigration lawyers can help streamline the process and increase the chances of approval.

P Visas

P visas are a category of nonimmigrant visas that are available to athletes, artists, entertainers, and their spouses and dependents. These visas are designed to allow individuals to come to the United States to perform at a specific athletic competition or artistic performance. There are several subcategories of P visas, including P-1 visas for internationally recognized athletes and entertainment groups, P-2 visas for artists and entertainers involved in reciprocal exchange programs, and P-3 visas for culturally unique performers. To qualify for a P visa, applicants must meet specific eligibility criteria, including providing documentation of their achievements and demonstrating that they have been internationally recognized in their field. If approved, P visa holders can stay in the United States for the duration of their event or performance, up to a maximum of one year, with the possibility of extensions.

If you believe you qualify for any Employment-Based Nonimmigrant visas do not hesitate to contact us at TM Immigration Law. Our team of dedicated professionals is here to help you navigate the complexities of U.S. immigration law.