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Employment Based Immigration
EB1A is an immigration visa designed for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. “Extraordinary ability” means that the petitioner is one of a small percentage who have risen to the very top of a particular field in the sciences, arts, education, business, and athletic.
EB1B is an immigration visa designed for foreign nationals who are outstanding professors or researchers. The professor or researcher must show that he or she are internationally recognized as outstanding in the field.
EB1C is an immigration visa reserved specifically for multinational executives or managers. For EB1C petitions, a labor certification is not required, but, unlike EB1A, a permanent employment offer is required. So, an employer must sponsor the EB1C petition. The backlog on EB1C is generally “Current,” which means a visa is often available immediately after receiving EB1C approval.
The National Interest Waiver (NIW) is an immigration visa reserved for persons of exceptional ability who may waive the job offer requirement by showing that the waiver serves the U.S. national interest. Thus, same as EB1A, NIW does not require a labor certification or a permanent employment offer. So, a person can self-petition for NIW.
EB2 and EB3
EB2 and EB3 are employment-based, second preference and third preference immigration categories. For most EB2 and all EB3 applications, a permanent job offer, and an approved labor certification are required. EB2 is for employees holding an advanced degree or its equivalent or possessing an exceptional ability. EB3 is for skilled workers, professionals, and other workers.
EB4 is an employment-based, fourth preference immigration category reserved for several types of employees and other individuals, such as religious workers, certain broadcasters, certain employees of U.S. government employees abroad and their family members, members of the U.S. armed forces, Afghan or Iraqi translators or interpreters, and Iraqis and Afghans who were employed by or on behalf of the U.S. government, among others.
EB5 is the employment-based fifth preference visa category reserved for investors. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a green card if they meet the eligibility criteria.
L1 is a temporary working visa for intra-company transferees. The purpose of this visa is to transfer a foreign employee who is employed in a managerial or executive capacity (called L-1A), or in a position requiring specialized knowledge (called L-1B), from the foreign company to the U.S. branch, parent, affiliate or subsidiary company.
H1B is a temporary working visa that allows foreign nationals to work in the U.S. H1B is initially approved for three years and can be extended for another three years. Under some circumstances, a foreign employee may receive extensions of H1B status beyond six years.
O1 is a non-immigrant visa designed for foreign nationals seeking to enter the United States or change states from another nonimmigrant category. O1 petitions require an employer and a job offer in the same field of specialization.
E1 and E2
The E visa category includes treaty traders and investors who come to the United States under a treaty of commerce and navigation between the United States and the country of which they are a citizen or national.
The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
Unmarried child under 21 years of age
Orphan adopted abroad
Orphan to be adopted in the United States
Parent of a U.S. citizen over 21 years of age
Extended family visas
Unmarried children over 21 years of age of U.S. citizens
Spouses, children under 21 years of age, and unmarried children over 21 years of age of legal permanent residents
Married children of U.S. citizens and their spouses and children under 21 years of age
Siblings of U.S. citizens and their spouses and children under 21 years of age