Business / Professional

H-1B

If you are an employer seeking a highly skilled professional in a position for which there is a shortage of available and qualified U.S. workers, there is a potential solution in the form of hiring, on a long-term, temporary basis, a non-U.S. worker with the training you require.   65,000 new visas are made available every year to U.S. employers who have found the right combination of skills and knowledge in an alien worker.  In a typical scenario, the U.S. employer will find a foreign student who has recently graduated, or will be graduating, who has earned a degree from a U.S. university that fits the specialty position that the employer is seeking to fill.  In other cases the employer will recruit a skilled employee from overseas.  These visas are available to fill positions that normally require at least a bachelor’s degree in a field closely related to the profession and are known as H-1B visas.  The beneficiary of this visa may remain and work in the U.S. for the petitioning employer for individual periods of up to three years each with a six year maximum before required to leave for one year.

J Waiver

Many highly skilled and educated professionals are present in the U.S. on one of the variations of the J visa.  The granting of the visa is often conditioned on the beneficiary returning to his or her home country for a period of time before being permitted to enter the U.S. in any other status.  Under certain circumstances, the law permits a waiver of this requirement provided certain conditions are met.

PERM

PERM is the acronym for the process by which an alien, and his or her family members, may become permanent residents of the U.S. based on the petition of a U.S. employer.  This benefit is available only following a test of the U.S. labor market to determine that there are no willing and qualified U.S. workers available to perform the job duties of the position.   The undertaking of this complex process on behalf of an alien worker constitutes a highly desirable employment benefit which rewards the valued employee.

Outstanding Researcher

This is a method by which a qualifying employer can offer permanent residence status to a valued alien employee who has an established record of distinguished work in his or her field.  The advantage of this category is that such employees are considered a highly desirable class of immigrant and the normal requirement of a test of the U.S. labor market is not required in these cases.  Qualifying employers are typically related to universities but may also be for-profit organizations that have an established record of producing original research.

Extraordinary Ability

The extraordinary ability visa makes permanent residence in the United States available to individuals who have reached the top of their field and whose accomplishments are recognized as extraordinary by their peers.  This category includes, but is not limited to, Nobel Prize winners and Olympic athletes.

L Visa

The L visa is a nonimmigrant visa and is designed to assist employers who need to bring essential managers and highly skilled essential workers from overseas to work temporarily in the U.S.  It is also available to entrepreneurs who are establishing a new U.S. based branch of an established overseas business.

E Visa

The E visa is typically used by entrepreneurs and can be used in a nonimmigrant or immigrant form.  The nonimmigrant form permits an alien investor to remain temporarily in the U.S. while establishing a new business or revitalizing an existing business.   This visa status can be extended periodically provided that the Citizenship and Immigration Service is satisfied that the entrepreneur is complying with the terms of the visa.  Another variation of the E visa is widely known as the investor visa and is designed to lead to permanent residence for the foreign investor and his family.  To qualify for this visa, the investor must commit at least $1 million to his own project or $500,000 to a qualifying regional center.