Employment
Permanent Residence through Employment
One of the paths for an individual to obtain permanent resident status in the U.S. is through employment. If the foreign national is in the U.S., he or she can apply for adjustment of status. If the foreign national is outside the U.S., he or she can go through immigrant visa processing at an overseas U.S. embassy.
The employment based (EB) "preference immigrant" categories include: EB-1, EB-2, EB-3, EB-4, and EB-5
EB-1 is the first preference category. The sub-categories for this visa are:
EB-2 is the second preference category. The sub-categories for this visa are:
EB-3 is the third preference category. For this visa there is a requirement for a labor certification and a permanent job offer that is full-time. The sub-categories for this visa are:
EB-4 is the fourth preference category. The sub-categories are numerous and some examples include, but are not limited to: religious workers, international employees of the US Government abroad, and members of the armed forces.
EB-5 is the fifth preference category. This category covers entrepreneurs making certain investments in the US (capital investment) and meeting special criteria which include the creation or preservation of US jobs.
Temporary work visas
Foreign nationals who are not seeking to obtain permanent resident status in the U.S. can obtain non-immigrant employment based visas. These categories of nonimmigrant visas include: CW-1, E-1. E-2, E-3, H-1B, H-1C, H-2A, H-2B, H-3, I, L-1A, L-1B, O-1, P-1A, P-1B, P-2, P-3, Q, R-1, and TN. Although, in most cases, obtaining a nonimmigrant visa involves the filing of Form I-129 (Petition for a Nonimmigrant Worker), the requirements vary for each type of visa, including the requirement for filing an I-129. For example, for E-1, E-2, and H-1B1 (an alien from Chile/Singapore) visas, a petition is only required in some cases (change of status / extension of stay).
Below are the most common non-immigrant visas for foreign workers.
E-1 Treaty Traders: a foreign worker who is a national of certain countries engaging in international trade (and certain of his employees) may qualify for these visas.
E-2 Treaty Investors: a foreign worker who is a national of certain countries making capital investments in a US business (and certain of his employees) may qualify for these visas.
H-1B Specialty Occupations, Department of Defense Workers, and Fashion Models: this visa, which has an annual numerical limit (unless the employer is considered an "exempt employer"), has three subcategories:
The spouse and children (under 21) of an H-1B visa holder may be admitted under the H-4 visa category, but working in the US is only allowed for certain H-4 dependent spouses.
H-2A Agricultural Workers: this visa is for temporary/seasonal agricultural work. The petitioner must first obtain a temporary labor certification for the H-2A foreign beneficiary before filing the I-129 petition. With certain exceptions, the foreign worker must be a national of certain eligible countries.
Under this visa, the spouse and children (under 21) of the foreign worker may be admitted under the H-4 visa category, but are not allowed to work in the US.
H-2B Non-Agricultural Workers: this visa, which has an annual numerical limit (cap), is for temporary nonagricultural work. The petitioner must first obtain a temporary labor certification for the H-2B foreign worker before filing the I-129 petition. With certain exceptions, the foreign worker must be a national of certain eligible countries. In addition, H-2B foreign workers who are extending their stay, changing employers, or making certain changes to their jobs are exempt from the cap.
Under this visa, the spouse and children (under 21) of the foreign worker may be admitted under the H-4 visa categories but are not allowed to work in the US.
L-1A Intracompany Transferee (Executive / Manager): this visa is used for a qualifying company that is a US employer or will become a US employer, to transfer an executive or manager from its foreign affiliate to its US branch (an existing branch or one to be established). Spouses of L1-A workers may obtain L-2 visas and work authorization.
L-1B Intracompany Transferee (Employee with Specialized Knowledge): this visa allows a qualifying company that is a US employer or will become a US employer, to transfer an employee with specialized knowledge from its foreign affiliate to its US branch (an existing branch or one to be established). Spouses of L1-B workers may obtain L-2 visas and work authorization.
O-1 Individuals with Extraordinary Ability or Achievement: this visa is for a foreign national recognized for his or her extraordinary ability or achievements in certain fields.
Spouses and children (under 21) of O-1 visa holders may be admitted under the O-3 visa category. They are not allowed to work but are allowed to pursue their studies in the US.
R-1 Temporary Nonimmigrant Religious Workers: this visa is for 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) by:
The spouse and unmarried children (under 21) of the religious worker may be admitted under the R-2 visa category. An R-2 dependent is not authorized to accept employment based on this visa classification.
TN Professionals: this visa was created under the North American Free Trade Agreement (NAFTA) to permit qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.
The spouse and children (under 21) of the TN professional may be eligible for TD nonimmigrant status. Under TD status, spouses and children are not permitted to work while in the United States, but they are permitted to study.