Employer sponsored non-immigrant visa opportunities require an employer to sponsor or petition the foreign national worker.
One example is the H-1B Specialty Occupation visa category. This category requires a U.S. employer to sponsor or petition a foreign worker to work in a specialty occupation. A specialty occupation is one that requires the minimum of a U.S. bachelors degree or equivalent. This category also involves other very specific considerations related to timelines and filing. We welcome the opportunity to discuss the H1B process and whether it's right for you or your employee.
Another popular category of employer sponsored non-immigrant visa is the L1A/B Intracompany Transferee. This category involves a foreign employer who owns and operates a U.S. subsidiary, affiliate or other U.S. business entity and wishes to transfer a manager, executive or specialized knowledge employee from the foreign entity to the U.S. entity.
Additional categories of employer sponsored visas are the O-1 Extraordinary Ability in the sciences, arts, education business or athletics. As well as the P-1, P-2, and P-3, athlete, entertainer and performer category visas.
Further categories of employer sponsored visas include TN NAFTA (North American Free Trade Agreement) Professionals and R-1 Temporary Religious Workers.
If you have questions about which employer sponsored visa category is right for you, please contact us for a free consultation.
Along with employer sponsored non-immigrant visas, a foreign national worker may also be sponsored or petitioned for permanent residence or the green card by a U.S. employer.
The most common approach to employer sponsored permanent residence is through the PERM Labor Certification process. As it is commonly known, PERM requires a test of the job market to ensure that the foreign national employee or potential employee is the most qualified person for the position. The PERM process requires various forms of advertising, culminating in an application to the Department of Labor for certification. Upon certification, an I-140 Immigrant Petition for Alien Worker is then filed with USCIS, followed by an I-485 Application for Permanent Residence.
An L1A Intracompany Transferee visa holder may also be sponsored or petitioned for permanent residence by their employer as a multinational manager or executive.
There are some categories of employment based permanent residence that operate as self-petitions and do not necessarily require as employer sponsor. Examples of such include the O-1 Extraordinary Ability, Outstanding Professors and Researchers, National Interest Waiver and Exceptional Ability categories.
Finally, there is an employment based immigrant visa category for special immigrants. Special immigrants include: Religious Workers, Iraqi/Afghan Translators, Iraqis who have assisted the United States, Physicians, International Organization Employees, among others.
If you have questions about any of the employment based immigrant visa or green card processes , we encourage you to contact Astera Law Group for more information.
There are a few categories of visa that include some form of entrepreneurship or investment as a means to live and work in the United States.
For example, the E1/E2 investor visa options, relate to treaty traders and treaty investors respectively. The E1 Treaty Trader visa is available to individuals who are nationals of a treaty country and wish to be admitted to the United States to engage in international trade on his or her own behalf. The E2 option of visa is available to individuals who are nationals of a treaty country and wish to be admitted to the United States to invest a substantial amount of capital in a U.S. business. A list of treaty countries can be found here.
Another category of investment visa is the EB5 Immigrant Investor visa. EB5 investors must invest in a new U.S. commercial enterprise, as well as meet other primary criteria, such as creating 10 full-time jobs for qualifying U.S. workers. The investment opportunities contemplate an investment amount of $500,000 or $1 million in U.S. dollars, again depending on certain criteria.
We encourage you to contact Astera Law Group to discuss your U.S. investment opportunities in more detail.
Whether you are looking for a temporary, non-immigrant visa option or a long term, immigrant visa/permanent residence option, Astera Law Group can help you find the option to best meet your needs. The descriptions below are only a brief overview of some of the employment based green card and visa processes. Employment based immigration processes are complicated and involve multiple considerations and limitations therefore we encourage you to contact our office to schedule a free consultation to get additional information and discuss the details of your individual circumstances.
The above are just a few of the processes that fall under employment based immigration. If you have any questions or wish to discuss your particular circumstances, we encourage you to contact Astera Law Group to schedule a free consultation. We look forward to hearing from you!