Employment-Based Visa's

TEMPORARY (NONIMMIGRANT) WORKERS VS. PERMANENT (IMMIGRANT) WORKERS

In the United States, individuals can work under two categories:

  • 1. Temporary (Nonimmigrant) workers: Nonimmigrant workers are allowed to work in the country on a temporary basis. Typically, the prospective employer files a nonimmigrant petition with USCIS, outlining the purpose and duration of the employment.

  • 2. Permanent (Immigrant) workers: Permanent workers are selected based on their skills, education, and experience. They have the opportunity to live and work permanently in the United States, contributing to its workforce and society as a whole.

IMMIGRANT (PERMANENT) EMPLOYMENT-SPONSORED VISAS

When it comes to obtaining a green card through employment sponsorship, there are various immigrant visa categories available. These include:

Employer-Sponsored Visas:

  • EB-1: This category is for individuals with extraordinary ability in sciences, arts, education, business, or athletics. No specific offer of employment or employer is required.

  • EB-1 Outstanding Professors and Researchers: Reserved for individuals who hold eminence and distinction in the academic community through international recognition

  • EB-1 Multinational Executives and Managers: Intended for executives and managers of multinational companies.

  • EB-2: Professionals holding an advanced degree or equivalent, with a Labor Certification or employment in the National Interest. Labor Certification is waived for exceptional ability aliens.

  • EB-2 Exceptional Ability: For individuals with exceptional abilities in the sciences, arts, or business, benefiting the national economy, cultural or educational interests, or welfare in the United States (requires a job offer).

  • EB-3: Visas for skilled workers, professionals, or other workers.

  • EB-4: Reserved for special immigrants, including religious workers.

  • EB-5: Visas for immigrant investors.

In all of the above categories, spouses and children under 21 years old are considered derivative beneficiaries and enjoy the same benefits, including lawful residence status, as the primary beneficiary.

NONIMMIGRANT (TEMPORARY) EMPLOYMENT VISAS

For temporary employment in the United States, nonimmigrant visas are available, including:

  • H-1B: Visas for employees in highly specialized fields.

  • H-2A: Visas for temporary agricultural workers from designated countries.

  • H-2B: Visas for temporary seasonal non-agricultural workers.

  • H-3: Visas for educational and training opportunities.

  • L-1: Visas for intracompany executives and managers.

  • O-1: Visas for individuals with extraordinary abilities in sciences, arts, education, business, or athletics.

  • O-2: Visas for assistants of O-1 visa holders.

  • O-3: Visas for dependents of O-1 visa holders.

  • P visas: Visas for sports representatives, coaching teams, and entertainment companies.

  • R-1: Visas for temporary religious workers.

  • I: Visa for journalists and foreign press visiting the U.S. for work or media activities.

Treaty Trader and Investor Visas:

  • E-1: Visas for treaty traders.

  • E-2: Visas for treaty investors.

Important Things You Should Know

QUESTIONS & ANSWERS

An employment visa is a nonimmigrant visa that allows a foreign national to work temporarily in the United States. There are many different types of employment visas, each with its own specific requirements.

The most common types of employment visas are:

  • H-1B visa: For specialty occupations that require a bachelor’s degree or its equivalent.
  • L-1 visa: For employees of multinational companies who are being transferred to a U.S. office.
  • O-1 visa: For individuals with extraordinary ability in the arts, sciences, education, business, or athletics.
  • P-1 visa: For athletes and entertainers.
  • J-1 visa: For exchange visitors who participate in work-and-study programs.

The cost of an employment visa varies depending on the type of visa you are applying for. However, all employment visa applications require you to pay a filing fee to the USCIS.

Yes, you can change your job while you are on an employment visa. However, you must first obtain a new job offer from a U.S. employer who is willing to sponsor you for the visa. You will also need to file a new petition with the USCIS.

The specific requirements for each type of employment visa vary. However, all employment visas require that the applicant have a job offer from a U.S. employer. The employer must also be willing to sponsor the applicant for the visa.

The application process for an employment visa varies depending on the type of visa you are applying for. However, all employment visa applications require you to submit a petition to the U.S. Citizenship and Immigration Services (USCIS). The USCIS will then review your petition and decide whether or not to approve your visa.

The processing time for an employment visa varies depending on the type of visa you are applying for and the current workload of the USCIS. However, it can take several months to receive an employment visa.

Yes, you can apply for a green card while you are on an employment visa. However, there are specific requirements that you must meet in order to apply for a green card.

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