B-1 & B-2

visas for business visitors and tourists

The B nonimmigrant visa category is not meant for extended, long-term activity, but rather for a definite and specific activity. The maximum period of initial admission to the United States as a B nonimmigrant is typically 6 months, but the actual period may be less. The B visa applicant must be able to show he has sufficient funds to cover the expenses of the trip and stay in the United States. He must also show maintenance of a residence abroad, which he has no intention of abandoning, and other binding ties which will ensure his return abroad at the end of the visit.

The following are business activities of a commercial or professional nature that could qualify for a B-1 Visa:

Consulting with business associates
Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
Settling an estate
Negotiating a contract
Participating in short-term training
Transiting through the United States
Attending short-term training

The following are tourist activities that could qualify for a B-2 visa:

tourism
vacation (holiday)
visit with friends or relatives
medical treatment
participation in social events hosted by fraternal, social, or service organizations
participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
enrollment in a short recreational course of study, not for credit toward a degree

E-1 & E-2

visas for traders and treaty investors

We assist foreign investors in launching businesses in the U.S. As fellow entrepreneurs, we are passionate about assisting foreign investors in creating, buying, and building businesses in the United States. Not only will we guide you through the immigration aspects of your venture, but we will also provide you with the additional resources you will need including: financial services, corporate (incorporation) services, real estate assistance, tax planning and compliance, as well as introductions to vendors and partners.

The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

If you’re an Australian national, then we should talk about the E-3 visas for Australian professionals.

E-3

visas for Australian professionals

Australians have the unique privilege of access to the E-3 visa — no other nationality benefits from a similar visa. To qualify, the prospective employee must be coming to the United States solely to perform services in a specialty occupation. A "specialty occupation" requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.

Benefits of an E-3 Visa

The E-3 has two important benefits, first, spouses can obtain work authorization and second, there is no statutory limit to extensions. The E-3 does have a yearly cap (10,500 E-3 visas available per year), but it has never been reached. The E-3 visa requires the prospective employer to show that they are hiring a "professional" for a "specialty occupation" and that they will pay the "prevailing wage" as determined by the Department of Labor.

Hire an E-3 visa lawyer

If you need a U.S. visa for an Australian professional, Rebecca Freeman is an E3 visa lawyer in San Francisco where business immigration serves a critical role in many Bay Area companies. Her law firm also regularly serves companies across the United States.

EB-1

visas for Extraordinary Ability

A candidate may be eligible for an employment-based, first-preference visa if he has an extraordinary ability, is an outstanding professor or researcher, or is a multinational executive or manager.

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. You must meet at least 3 of the 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise. No offer of employment or labor certification is required.

* Criteria for Demonstrating Extraordinary Ability

In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

· Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

· Evidence of your membership in associations in the field which demand outstanding achievement of their members

· Evidence of published material about you in professional or major trade publications or other major media

· Evidence that you have been asked to judge the work of others, either individually or on a panel

· Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

· Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

· Evidence that your work has been displayed at artistic exhibitions or showcases

· Evidence of your performance of a leading or critical role in distinguished organizations

· Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

· Evidence of your commercial successes in the performing arts

EB-2

visas for Advanced Degrees & Exceptional Ability

Advanced Degree

To qualify under this category:

The job must require an advanced degree and the foreign national must possess such a degree or its foreign equivalent
- (the foreign equivalent is a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field).
- If a doctoral degree is customarily required, the foreign national must have a United States doctorate or foreign equivalent degree
Qualified workers are not available in the United States.
Foreign national must meet any other requirements specified on the labor certification.
Labor certification and a permanent, full-time job offer are required

Exceptional Ability

To qualify under this category, you must have at least three of the following:

Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.

You must meet any other requirements specified on the labor certification as applicable.

Qualified workers are not available in the United States.
Foreign national must meet any other requirements specified on the labor certification.
Labor certification and a permanent, full-time job offer are required

What is a Labor Certification?

The labor certification verifies the following:

There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

The labor certification is valid only as long as three things remain unchanged: the foreign worker continues to work (1) for the same employer; (2) at the same location; and (3) doing the same job.

Upon receiving an approved labor certification from The Department of Labor, we prepare the immigrant visa petition, which will be signed by the employer and submitted to U.S. Citizenship and Immigration Services along with the approved labor certification. This may be filed concurrently with an Adjustment of Status if a visa is available based on the employee’s country of birth.

EB-3

visas for Professionals

A candidate may be eligible for an employment-based, third preference category if he is a 1) skilled worker 2) professional, or 3) other worker.

Most of our clients utilize the EB-3 Professional category. “Professionals” are “persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions.”

To qualify under this category the following conditions apply:

Foreign national possess a U.S. baccalaureate or foreign equivalent degree, and a baccalaureate degree is the normal requirement for entry into the occupation. (education and experience may not be substituted for a baccalaureate degree)
Qualified workers are not available in the United States.
Foreign national must meet any other requirements specified on the labor certification.
Labor certification and a permanent, full-time job offer are required

What is a Labor Certification?

The labor certification verifies the following:

There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

The labor certification is valid only as long as three things remain unchanged: the foreign worker continues to work (1) for the same employer; (2) at the same location; and (3) doing the same job.

EB-5 Immigrant Investor Program

An EB-5 investor must invest the required amount of capital ($900,000 or $1.8 million) in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees.

Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including:

A sole proprietorship; Partnership (whether limited or general); Holding company; Joint venture; Corporation; Business trust; or Other entity, which may be publicly or privately owned.

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, if each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

This definition does not include noncommercial activity, such as owning and operating a personal residence.

Capital means cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by immigrant investors, if they are personally and primarily liable and the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital will be valued at fair-market value in U.S. dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) will not be considered capital for the purposes of section 203(b)(5) of the Act.

Note: Immigrant investors must establish that they are the legal owner of the capital invested. Capital can include their promise to pay (a promissory note) under certain circumstances.

Increased minimum investments

The standard minimum investment amount has increased to $1.8 million (from $1 million) to account for inflation.
The minimum investment in a TEA has increased to $900,000 (from $500,000) to account for inflation.
Future adjustments will also be tied to inflation (per the Consumer Price Index for All Urban Consumers, or CPI-U) and occur every 5 years.

Job Creation Requirements

For a new commercial enterprise not located within a regional center, the new commercial enterprise must directly create the full-time positions to be counted. This means that the new commercial enterprise (or its wholly owned subsidiaries) must itself be the employer of the qualifying employees.

For a new commercial enterprise located within a regional center, the new commercial enterprise can directly or indirectly create the full-time positions.
- Direct jobs establish an employer-employee relationship between the new commercial enterprise and the persons it employs.
- Indirect jobs are held outside of the new commercial enterprise but are created as a result of the new commercial enterprise.
In the case of a troubled business, the EB-5 investor may rely on job maintenance.
- The investor must show that the number of existing employees is, or will be, no less than the pre-investment level for a period of at least two years.

H-1B

visas for professionals with specialty occupations

H-1B visas are for the employment of foreign workers in specialty occupations that require theoretical or practical application of a body of highly specialized knowledge. H-1Bs are specific to the sponsoring employer, location, and job. Therefore, if any of those change materially, an amended H-1b petition is required.

A prospective employee must meet one of the following criteria to qualify for the H-1B:

Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Does my job qualify for an H1B?

An H-1B position must meet one of the following criteria to qualify as a specialty occupation:

Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
The employer normally requires a degree or its equivalent for the position
The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

WHAT IS THE DIFFERENCE BETWEEN AN INITIAL H-1B AND AN H-1B TRANSFER?

If the foreign national already holds an H-1B, then the transfer process is relatively simple. If the individual holds H-1B status pursuant to a petition by Corp. A, Corp. B can petition to have that existing status changed over to Corp. B. The foreign national is not required to leave the U.S. to activate the transfer, but can do so if desired. If the foreign national does not yet have H-1B status, s/he will have to enter the H-1B lottery unless the employer is CAP except. Universities and related nonprofit entities, nonprofit research organizations, and government research organizations are exempt from the CAP.

WHAT IS THE H-1B LOTTERY?

Each fiscal year, USCIS is able to issue 85,000 new visas. Because there are usually – and especially in good economic times – more individuals seeking H-1Bs than there are H-1Bs available, H-1B selection becomes a lottery. Although there was discussion of prioritizing higher salaries in the selection process, that idea was scrapped. However, individuals who received a Master’s degree or higher in the U.S. have a better chance of selection than those who didn’t because they are prioritized. For an idea of what these numbers look like, in Fiscal Year 2022, there were 308,613 registrations for just 85,000 H-1B visas. In recent years, USCIS has conducted two drawings in the lottery, one in the spring, and a second in late summer.

ARE YOU LOOKING TO HIRE A FOREIGN NATIONAL?

It is especially important to work with immigration counsel when seeking the H-1B visa due to the precise timing required and the limited supply of H-1Bs. The slightest error in the petition can lead to rejection by USCIS, which can mean the employer and employee need to wait a whole year to try again.

There are a number of visa options to pursue when hiring someone special from outside the U.S. We’ve put together a checklist of questions that can help with your initial guidance. If you need to hire a worker from a foreign country, please read this article and give an expert H1B lawyer a call.

H-1B1

H-1B1 visa for Chileans and Singaporeans

A certain number of H-1B visas are reserved for citizens of Chile and Singapore each year. This allows Chileans and Singaporeans to apply for the H-1B1 visa at any point during the year and thereby avoid the H-1B lottery in April. Unlike the regular H-1B visa, the H-1B1 does not have a six-year limit, however it also does not allow for dual intent.

H-2B

Temporary Non-Agricultural Workers

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.

To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is a(n):
- One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
  - An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
  - Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;

Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:
- Traditionally tied to a season of the year by an event or pattern; and
- Of a recurring nature.

Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:

Unpredictable;
Subject to change; or
Considered a vacation period for your permanent employees.

Peakload need – A petitioner claiming a peakload need must show that it:
- Regularly employs permanent workers to perform the services or labor at the place of employment;
- Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
- The temporary additions to staff will not become part of the employer's regular operation.

Intermittent need – A petitioner claiming an intermittent need must show that it:
- Has not employed permanent or full-time workers to perform the services or labor; and
- Occasionally or intermittently needs temporary workers to perform services or labor for short periods.

H-3

visas for career training

The H-3 nonimmigrant visa category allows foreign nationals coming temporarily to the United States to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country.

An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training, in any field including but not limited to:

Agriculture
Commerce
Communications
Finance
Government
Transportation
Other professions

This classification is not intended for U.S. employment. It is designed to provide a foreign national with job-related training for work that will ultimately be performed outside the United States.

I

visa for foreign media

Occupations under this category include reporters, film crews, editors, and similar occupations. A person may be eligible for the I, Representatives of Foreign Media, nonimmigrant visa, if he:

Represents a foreign information media outlet (press, radio, film, or other foreign information media)
Is coming to the United States to engage solely in this profession; and
Has a home office in a foreign country

International Entrepreneur Parole

Under the International Entrepreneur Rule (IER), DHS may use its parole authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through their business venture and that they merit a favorable exercise of discretion.

Under this final rule, entrepreneurs granted parole will be eligible to work only for their start-up business. The spouses and children of the foreign entrepreneur may also be eligible for parole. While spouses may apply for work authorization once present in the United States as parolees, the children are not eligible to work. IER parole may be granted for up to three entrepreneurs per start-up entity.

Eligibility

Entrepreneurs applying for parole under this rule must demonstrate that they:

Possess a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.
Have a central and active role in the start-up entity such that they are well-positioned to substantially assist with the growth and success of the business.
Will provide a significant public benefit to the United States based on their role as an entrepreneur of the start-up entity by showing that: The start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments; The start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state, or local government entities that regularly provide such awards or grants to start-up entities; or They partially meet either or both of the previous two requirements and provide additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.
Otherwise merit a favorable exercise of discretion.

A spouse or child of an entrepreneur applying for parole under this rule must demonstrate that he or she:

Is independently eligible for parole based on significant public benefit or urgent humanitarian reasons; and
Merits a favorable exercise of discretion.

J-1

visa for cultural exchanges

The Exchange Visitor Program fosters global understanding through educational and cultural exchanges. All exchange visitors are expected to return to their home country upon completion of their program in order to share their exchange experiences. There are many different types of J-1 visas, including the following:

Au Pair
Camp Counselor
College and University Student
Government Visitor
Intern
International Visitor
Physician
Professor and Research Scholar
Secondary School Student
Short-Term Scholar
Specialist
Summer Work Travel
Teacher
Trainee

Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. It is possible to obtain a waiver of the two-year home-country physical presence requirement through the Department of Homeland Security.

L-1

visa for intra-company transferees

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.

A New Office L enables a company to send an employee to the United States to establish a new office. The employer must show that it has secured sufficient physical premises to house the new office and the financial ability to compensate the employee and begin doing business in the United States

O

visas for persons with extraordinary ability in the sciences, arts, education, business, or athletics

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The O nonimmigrant classification is commonly referred to as:

O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
O-3: individuals who are the spouse or children of O-1’s and O-2’s

Evidentiary criteria for an O-1 alien of extraordinary ability in the fields of science, education, business, or athletics. An alien of extraordinary ability in the fields of science, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:

(A) Receipt of a major, internationally recognized award, such as the Nobel Prize; or
(B) At least three of the following forms of documentation:
- (1) Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- (2) Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
- (3) Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;
- (4) Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
- (5) Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;
- (6) Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media;
- (7) Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
- (8) Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
(C) If the criteria in paragraph (o)(3)(iii) of this section do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence in order to establish the beneficiary's eligibility.

Evidentiary criteria for an O-1 alien of extraordinary ability in the arts. To qualify as an alien of extraordinary ability in the field of arts, the alien must be recognized as being prominent in his or her field of endeavor as demonstrated by the following:

(A) Evidence that the alien has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award; or
(B) At least three of the following forms of documentation:
- (1) Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
- (2) Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
- (3) Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
- (4) Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
- (5) Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements; or
- (6) Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence; or

(C) If the criteria in paragraph (o)(3)(iv) of this section do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence in order to establish the beneficiary's eligibility.

Evidentiary criteria for an alien of extraordinary achievement in the motion picture or television industry. To qualify as an alien of extraordinary achievement in the motion picture or television industry, the alien must be recognized as having a demonstrated record of extraordinary achievement as evidenced by the following:

(A) Evidence that the alien has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award; or
(B) At least three of the following forms of documentation:
- (1) Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
- (2) Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
- (3) Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
- (4) Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
- (5) Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements; or
- (6) Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to other in the field, as evidenced by contracts or other reliable evidence.

We have a special checklist for HIRing A Special FOREIGN NATIONAL!

There are other visa options to consider besides the O nonimmigrant classification when hiring someone special from outside the U.S. Our checklist of questions can help discover more options that might match with your situation better. If you need to hire a worker from a foreign country, please read this article and give us a call.

P

visas for internationally recognized athletes, artist, or entertainers

The P-1 classification applies to you if you are coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.

The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

R-1

visas for ministers or other temporary professional religious workers

An R-1 is a foreign national who is coming to the United States temporarily to be employed at least part time (average of at least 20 hours per week) by a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) to work as a minister or in a religious vocation or occupation.

TN

Visas for Professionals from Mexico or Canada

There is an advantage to being a citizen of Mexico or Canada when you need to attain a visa to live and work in the United States. The TN visa allows an easier path for Canadians and Mexican citizens that possess the required experience and education.

The United States-Mexico-Canada Agreement (USMCA), replacing the North American Free Trade Agreement (NAFTA), supports a special economic and trade relationships between the United States, Canada and Mexico. 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.

WHAT JOBS QUALIFY TO BE CONSIDERED PROFESSIONAL?

These are just examples as many other professions qualify as well. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are:

Accountants
Engineers
Lawyers
Pharmacists
Scientists
Teachers

HERE ARE A FEW IMPORTANT FACTS TO KNOW ABOUT THE TN VISA:

This is a non-immigrant (meaning temporary) status, but there is no limit to the numbers of times it can be renewed.
This visa does not lead to permanent residence (a green card).
For individuals outside of the U.S., Canadians can obtain this status at a Port of Entry, while Mexican nationals do require a consular appointment to obtain a visa.
For individuals inside the U.S., it may not be necessary to leave the country in order to obtain TN status.
This visa does require an employer sponsor.

HOW LONG CAN I STAY IN THE U.S. ON A TN VISA?

Up to 3 years!

CAN I APPLY FOR AN EXTENSION OF A TN VISA?

Yes! Usually the U.S. Immigration will grant 3 year extensions.

CAN MY SPOUSE AND KIDS COME WITH ME ON MY TN VISA?

Yes. Your children under the age of 21 and your spouse may be eligible to accompany you with nonimmigrant status.

CAN MY SPOUSE AND KIDS WORK IN THE U.S.?

No, dependents may not be employed or receive compensation from any U.S. entity.

CAN MY DEPENDENTS ATTEND SCHOOL?

Yes, you dependents may enroll in either part-time or full-time school.

WHAT ARE THE ELIGIBILITY REQUIREMENTS FOR A TN VISA?

A candidate may be eligible for TN nonimmigrant status, if:

S/he is a citizen of Canada or Mexico;
His/her profession qualifies under the regulations;
The position in the United States requires a NAFTA (now USMCA) professional;
S/he has a prearranged full-time or part-time job with a U.S. employer (but not self-employment ); and
S/he has the qualifications to practice in the profession in question.

WHAT ARE THE differences between mexican tns and canadian tns?

The process that Mexican nationals go through to obtain a TN is slightly more burdensome than the Canadian process. Canadians (with a few exceptions) do not require visas in order to enter the United States. This means that they don’t need to set up consular appointments to first obtain TN visas before requesting admission to the U.S. They can simply make their TN request at a port-of-entry. A port-of-entry might be an airport, or it might be a U.S./Canada land border accessible by car. In contrast, Mexican nationals must have a TN visa stamped in their passport before they can make their request to enter in TN status. Additionally, although the TN can be granted for a three year period, Mexican visas are typically limited to a one-year time period.

what is the full list of eligible professionals?

The full list of TN professionals can be found here: https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm This list has not been updated in decades, so it fails to capture many more ‘modern’ software development type roles, unfortunately.

HIRING A SPECIAL FOREIGN NATIONAL NOT FROM MEXICO OR CANADA?

There are other visa options to consider when hiring someone special from outside the U.S., Mexico, or Canada. We have an online checklist of questions that can help you discover more options that better match with your situation. If you need to hire a special foreign talent, please read this article and give us a call.

Do You Need a TN Visa Lawyer?

Rebecca Freeman is a highly experienced TN Visa Lawyer in San Francisco. The Bay Area is where the best talent from around the world prefers to apply for work and immigration for citizenship and we have helped with hundreds of these cases. Let our experience guide you through finding the right option for a visa and making sure you are presenting your case in the strongest way. Contact us to talk about your case.

Employment based permanent residence

Permanent residence, also known as the 'green card' never expires. After holding a green card for five years, a person may apply for US citizenship.

Approximately 140,000 immigrant visas are available each fiscal year for foreign workers (and their spouses and children) who seek to immigrate based on their job skills. There are 5 different employment-based immigrant visa 'preferences' or categories.

The most common Employment based permanent residence options are visa categories EB-2 and EB-3. These generally require the employer to obtain a Labor Certification from the Department of Labor. The process for obtaining lawful permanent residence based on employment in this case is composed of three phases: the labor certification, the immigrant visa petition, and the application for permanent residence.

What is a Labor Certification?

The labor certification verifies the following:

There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

The labor certification is valid only as long as three things remain unchanged: the foreign worker continues to work (1) for the same employer; (2) at the same location; and (3) doing the same job.

What are the 5 preference categories for employment-based permanent residence?

FIRST PREFERENCE (EB-1): PRIORITY WORKER AND PERSON OF EXTRAORDINARY ABILITY

The EB-1 category is available in the employment-based context for certain multinational manager or executives. The employer must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed the candidate abroad in a managerial or executive capacity. No labor certification is required.

There are 3 groups to this category:

Persons with extraordinary ability in the sciences, arts, education, business, or athletics.
Outstanding professors and researchers with at least 3 years of experience in teaching or research.
Multinational manager or executives who have been employed for at least 1 of the 3 preceding years by the U.S. employer.

SECOND PREFERENCE (EB-2): PROFESSIONALS HOLDING ADVANCED DEGREES AND PERSONS OF EXCEPTIONAL ABILITY

A candidate may be eligible for an employment-based, second preference visa if he is a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Read more. An additional EB-2 category, known as the National Interest Waiver requires a showing that

· The proposed endeavor has both substantial merit and national importance.

· You are well positioned to advance the proposed endeavor.

· It would be beneficial to the United States to waive the requirements of a job offer, and thus, the labor certification.

No labor certification is required. Read more.

THIRD PREFERENCE (EB3): SKILLED WORKERS, PROFESSIONALS, AND UNSKILLED WORKERS (OTHER WORKERS)

This category receives 28% of the yearly worldwide limit of employment-based immigrant visas. A candidate may be eligible for an employment-based, third preference category if he is a professional worker.

“Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions

FOURTH PREFERENCE (EB4): CERTAIN SPECIAL IMMIGRANTS

This category receives 7% of the yearly worldwide limit of employment-based immigrant visas.

FIFTH PREFERENCE (EB5): IMMIGRANT INVESTORS

Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation.

Contact An Employment Immigration Lawyer In San Francisco

We help people all around the world, but being in San Francisco has given us the deep experience that the Bay Area uniquely offers. Silicon Valley has long been the hub of technology with lots of start ups and foreign investors. Contact Rebecca to talk about your need for an Employment based green card.