EMPLOYMENT-BASED VISAS
IMMIGRANT VISAS
EB-1 First Preference: Priority Workers - individuals with extraordinary abilities in the sciences, arts, education, business or athletics
EB-2 Second Preference: Professionals with Advanced Degrees or Persons with Exceptional Ability - individuals who are in a profession holding an advanced degree or its equivalent or have exceptional ability in the sciences, arts, or business. Individuals may obtain permanent residency without labor certification with a national interest waiver.
EB-3 Third Preference: Skilled/Unskilled Workers, Professionals or Other Workers - qualified individuals may obtain permanent residency if Labor Certification has been certified by US Dept of Labor and has an offer of full-time permanent employment
EB-4 Fourth Preference: Special Immigrants - Legal permanent residents returning for permanent residence in US after authorized stay abroad and those reacquiring US citizenship.
EB-5 Fifth Preference: Investor Visa - Investors must show that a qualified investment (approx. $900k in a rural area and $1.8 million in metropolitan area) that are in an approved Regional Center. The investor must demonstrate that they will create at least ten (10) full time jobs through the new commercial enterprise.
NON-IMMIGRANT VISAS
E-1 Treaty Traders Visa - allows foreign national to engage in substantial international trade in the US as long they have the nationality of a treaty country and at least 50% is owned by the foreign national of a treaty country
E-2 Investor Visa - allows an individual to enter the US to actively invest in an established business or a start up. The foreign national must be from a treaty country and own at least 50% of the business.
H-1B Specialty Occupation Visa - individual must possess a body of highly specialized knowledge such as a bachelor's degree or equivalent experience. Employers must file for labor certification approval with the Dept of Labor attesting to paying employee the prevailing wage for position. There is a cap on the amount of visas offered per year though there are some professions that are cap-exempt.
H-2A Temporary Agricultural Visa - where foreign workers are hired by US employers who anticipate a lack of available domestic workers to perform seasonal or temporary agricultural work
H-2B Nonagricultural Seasonal Worker Visa - permits employers to hire foreign workers to come to US for temporary non-agricultural work that is seasonal/peak load or one-time. Employers are required to file for labor certification through the Dept. of Labor. There is also a quota where a limited amount of visas are released per year
TN Professional Worker Visa - Under the US/Mexico/Canada Trade Agreement those who are Canadian and Mexicans and have the education or experience to qualify from one of the listed TN professions