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The United States has long been a land of opportunity, attracting individuals from around the world who seek to build their careers, businesses, and lives in this diverse and prosperous nation. Employment-based immigration offers a pathway for talented individuals, workers, and entrepreneurs to achieve their American dreams. In this article, we’ll explore the various facets of employment-based immigration, including Temporary Work Visas, Permanent Residence Visas, and Investor Visas.

Temporary Work Visas

Temporary work visas are designed for foreign nationals who wish to come to the United States for a specific job or employment opportunity. These visas grant temporary authorization to work and reside in the country. Here are some prominent categories of temporary work visas:

1. H-1B Visa: This visa is for highly skilled professionals in specialty occupations, such as technology, engineering, and healthcare. It allows foreign workers to temporarily fill positions that require specialized knowledge and skills.
2. L-1 Visa: The L-1 visa is for intracompany transferees, allowing multinational companies to transfer employees from their foreign offices to their US offices. There are two subcategories: L-1A for managers and executives and L-1B for employees with specialized knowledge.
3. O-1 Visa: The O-1 visa is for individuals with extraordinary ability or achievement in their field, including scientists, artists, and athletes. It is designed for those who have reached the top of their professions.

Permanent Residence Visas

Permanent residence visas, commonly known as Green Cards, offer foreign nationals the opportunity to live and work in the United States indefinitely. These visas provide a pathway to US citizenship and offer greater stability than temporary work visas. Here are notable categories of Permanent Residence Visas:

1. EB-1 Visa: The EB-1 visa is for individuals with extraordinary ability, outstanding professors and researchers, and multinational managers and executives. It does not require labor certification, making it a preferred choice for many.
2. EB-2 Visa: This visa is for individuals with advanced degrees or exceptional ability in their field. In most cases, it requires a job offer and labor certification.
3. EB-3 Visa: The EB-3 visa is for skilled workers, professionals, and other workers. It requires a job offer and labor certification in most cases.

Investor Visas

Investor visas provide foreign nationals with the opportunity to invest in US businesses, stimulate economic growth, and achieve immigration benefits. Here are two prominent investor visa categories:

1. EB-5 Immigrant Investor Program: The EB-5 program allows foreign investors to obtain a Green Card by investing a minimum of $1.8 million (or $900,000 in targeted employment areas) in a new commercial enterprise that creates jobs for US workers.
2. E-2 Treaty Investor Visa: The E-2 visa is available to nationals of countries that have treaties of commerce and navigation with the United States. It requires a substantial capital investment in a US business, typically with a lower minimum investment requirement than the EB-5 program.

Benefits of Employment-Based Immigration

1. Career Opportunities: Employment-based immigrants can pursue their careers in the United States, working in their chosen fields and contributing to the nation’s workforce.
2. Stability: Permanent residence visas offer long-term stability, allowing immigrants to build their lives and families in the United States.
3. Entrepreneurship: Investor visas enable entrepreneurs to start or purchase businesses in the United States, fostering economic growth and job creation.
4. Path to Citizenship: Many employment-based immigrants have the opportunity to become US citizens, further solidifying their ties to the country.

Employment-based immigration is a diverse and dynamic pathway to achieving one’s American dream. Whether you are a skilled worker, a professional, an entrepreneur, or an investor, there are visa categories tailored to your needs and goals. Navigating the complexities of US immigration can be challenging, but with the right guidance and legal support, you can embark on a successful journey toward realizing your aspirations in the United States.

Congratulations Business Owner, you are looking at expanding your operations into the United States. With all the hard-work you’ve put in to get this far, let’s talk about the most effective methods to work in the United States, whether it being yourself, a manager, executive or a person with specialized knowledge.

WHAT IS AN L-1 VISA?

It is a non-immigrant visa by which foreign companies transfer certain employees like a manager, executive, or person with specialized knowledge to a U.S. company. The U.S. company must be a branch office, parent, subsidiary, or affiliate of the foreign company. The L1 visa is an intra-company transfer visa. It allows a US company to transfer a key employee from one of its offices in another country into the United States.

There are two types of L-1 visas:

• L-1A VISA– The employee who works as a manager or an executive, the visa granted to the employee is called the L-1A visa.
• L-1B VISA– The employee who works on specialized knowledge, the visa granted is called the L-1B visa.

PROCESS OF APPLICATION

The L-1 visa is applied by the U.S. company on behalf of the employee. The U.S. company who is the employer is called the petitioner as it files the petition for the visa and the employee is called the beneficiary. The L-1 type is not eligible for self-petition.

DURATION OF THE L-1 VISAS

Under both L-1A and L-1B, the employee must have worked for the company for a continuous period of twelve months in the previous 36 months. The L-1 A visa is first issued for 3 years, then can be extended to 2 more years and for a maximum period of 7 years. The L-1B visa is also initially granted for 3 years and can be extended to 5 years.

BENEFITS OF L-1 VISAS

• Fewer criteria to be fulfilled by the employee – The employee should be in a managerial or an executive position for an L-1A visa and for an L-1B visa the employee must be having specialized knowledge. If the employee fulfills these, he/she is eligible for L-1A or L-1B visas depending on his role and knowledge.
• The employee can live and work in the U.S.A.- The employee having the L-1 visa can live in the U.S. and work for the company. The job is already there and the employer is the petitioner, therefore it is comparatively less complicated.
• Dual intent visa – The L-1 visa is a dual intent visa which means the holder can intent to permanently immigrate to the U.S. and become a lawful permanent resident in the U.S. in the future.
• An extended period of stay – The L-1A visa is granted initially for 3 years and can be extended for 7 years. The L-1B visa can also be extended from 3 to 5 years.
• Spouse and unmarried children under the age of 21 years become eligible for an L-2 visa. The spouse of the L-1 visa holder and children under the age of 21 years are eligible for L-2 visas. The spouse can get a work permit and can work. The children too can study in U.S. schools and colleges.

DISADVANTAGES OF L-1 VISAS

• Have to be the employee of the company – The person has to be an employee, then only the employer can apply for an L-1 visa. As the L-1 visa is applied by an employer, the person should be an employee in the company for 12 months. The employee should hold the position of a manager, an executive, or have specialized knowledge.
• Restriction on the extension above a certain limit – The L-1A visa can be extended for 7 years and L-1B can be extended for a maximum period of 5 years.
• Few companies are eligible- Only those companies are eligible to send their employees who have subsidiaries, offices, branches in the U.S.
• Limited scope for the employee- The employee who comes on an L-1 visa to the U.S. can only work in the sponsored company and cannot work anywhere else.

L-1 VISA AND E-2 VISA

• The E-2 visa is commonly referred to as the “non-immigrant treaty investor visa”. It is issued to non-immigrants of those countries with which the United States maintains an E-2 treaty on trade and commerce. It allows a non-immigrant individual/entity to invest in an existing U.S.-based business or to establish a new business. The L-1 visa is also a non-immigrant visa issued for working in a company in the U.S. There are certain SIMILARITIES between L-1 and E-2 visas.
• Both are non-immigrant visas. They don’t grant permanent residency in the U.S. or a Green Card.
• The employee in case of E-2 and L-1 visas can work only in the same company which sponsored them.
• The spouse and children can accompany the visa holder on both visas. The spouse can get a work permit and children can study in both the type of visas.

Despite the similarities between the two types of visas, the two visas are DIFFERENT from each other in many ways.

• ELIGIBILITY – The employee in the case of L-1 can be a national of any country. Whereas in the case of an E-2 visa, the individual has to be a national of an E-2 treaty country.
• PURPOSE – The sole purpose of entering the U.S. in the case of an E-2 visa is to develop or run a business. In the case of an L-1 visa, the only requirement is that the foreign company should have a branch or a subsidiary in the U.S.
• DURATION – The L-1 visa is granted for a maximum period of 7 years or 5 years depending on the type whereas the E-2 visa is granted for 2 years but can be renewed till the criteria are fulfilled. The L-1 visa cannot be renewed after 7 years.
• INTENTION – The L-1 visa is a dual intent visa which means that the intention to go back to the origin country is not there. Whereas in the case of an E-2 visa the intention to go back is an essential condition.

CONCLUSION

The L-1 visa can be issued only by the employer for their employee. The employee who has the special knowledge or is an executive or a manager is only eligible for an L-1 visa. There is no requirement of a treaty between the origin country and the U.S. The only requirement is that the foreign company must have a parent, a branch in the U.S.

Few individuals can qualify for both L-1 and E-2 visas. But before applying the purpose of stay, duration, intention to return all have to be seen. Depending on the requirements, the person should apply for the type of visa. As an E-2 visa has no limit to the number of times it can be renewed, it is the best way to stay in the U.S permanently. In the case of L-1 visas, there is a limit of 7 years or 5 years depending on the role, but the holder can apply for a green card or through other ways for permanent residence. Both the visas are for working in the U.S. but both have certain merits and demerits. Depending on the requirement and intention a person or the employer should apply for either type of visa.

Contact us today to discuss the best method for your business, whether an L-1 or E-2 non-immigrant visa are the most effective methods to work in the United States.

Are you a foreign national with advanced educational degrees like a Bachelor’s degree, a Master’s degree, or even a Ph.D.? Does your work have substantial merit and national importance to the US?

If so, you might qualify for green card eligibility under the US Employment-Based (EB) Visa program, in this case the EB-2 visa, and be eligible for the National Interest Waiver (NIW).

An NIW green card application does not need an employer sponsor and can save you substantial amounts of time and money.

The idea is simple.

The US needs highly educated and highly skilled workers. The US established special eligibility requirements under the employment-based green card program to attract foreign professionals with advanced degrees and other highly skilled workers. You will hear this referred to as the EB visas.

But in special cases where the work is of national interest to the US, it is possible to speed up the process by obtaining a National Interest Waiver so you do not need the sponsorship of your employer. Employer sponsorship has its own set of hurdles, timetables and paperwork.

Below we will go over the

• EB Visa programs in general
• EB-2 Visa
• National Interest Waiver qualifications. .

The Five Employment Based Immigrant Visa Programs

There are five EB Categories, and each year, the US makes about 140,000 employment-based immigrant visas available to qualified applicants under these programs.

EB-1 – Priority Worker and Persons of Extraordinary Ability

• Persons with extraordinary ability include scientists, artists, business professionals, athletes, and others that have sustained national or international acclaim and recognition in their fields of expertise. They can apply without having specific job offers as long as they are going to continue work in the areas in which they have extraordinary abilities.
• Outstanding professors and researchers with international recognition and at least three years of experience in teaching or research. These applicants are coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education.
• Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.

EB-2 – Professionals Holding Advanced Degrees and Persons of Exceptional Ability

• Professionals holding an advanced degree. This means more than a Bachelors’ degree or a Bachelor’s degree and at least five years of experience in their profession.
• Persons with exceptional ability in the sciences, arts, or business, meaning a degree of expertise significantly above that ordinary in their field.

EB-3 – Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

• Skilled workers whose jobs require a minimum of 2 years of training. (Not seasonal or temporary workers).
• Professionalswhose jobs require at least a Bachelor’s degree from a US university or college or its foreign equivalent degree.
• Unskilled workers (Other workers) capable of filling positions that require less than two years of training. (Not seasonal or temporary workers).

EB-4 – Certain Special Immigrants

• This particular subgroup only receives 7.1% of the available EB visas. It includes categories like certain former employees of the US in the Panama Canal Zone, certain ministers of religion, certain Iraqi or Afghani translators who worked with the US, certain retired NATO-6 civilians, and family members, certain religious workers, and more.

EB-5 – Immigrant Investor

• Immigrant Investor visa categories are for wealthy foreign nationals who make significant and specific investments in the US.

The EB-2 Visa –without the NIW Waiver

If you have advanced degrees or a Bachelor’s degree and the required experience, the EB-2 Visa program may be your best and easiest path to a US green card and permanent US residency.

Even without the NIW waiver, the EB-2 process normally moves faster than the alternative EB-3 program.

Your Employer Needs to Get Certification for You and Your Job

In most cases, the sponsoring employer must get labor certification from the Department of Labor before the foreign national can apply for an EB-2 visa. This ensures that no jobs are being given to foreign nationals that could be filled by qualified US workers.

Your employer has specific requirements of advertising, recruiting, interviewing they need to do for the certification process. The Department of Labor requirements  and certification take time and money.

You Must Meet the EB-2 Qualifications

As stated above, there are two main requirements for the EB-2 visa.

To be eligible for an EB-2 permanent worker visa  you must show that you

• Are a member of a profession and you have an advanced degree or its equivalent, or
• You have an exceptional ability.

An advanced degree means you earned degrees like a Master’s, Ph.D., Juris Doctor (JD or law degree), or an MD (medicine). You can also qualify with a Bachelor’s degree along with five years of work experience in the field. Usually, this work experience must be after you obtained the Bachelor’s degree.

“Exceptional ability” means you can show your ability in the sciences, arts, or business that will significantly benefit the US economy, cultural or educational interests, or welfare in the future.

The EB-2 Visa with the  NIW Waiver

No Employer Needed

With the NIW waiver you do not need a sponsoring employer. You apply and petition on behalf  of yourself. Therefore, there is no time or expense for the employer getting the DOL Labor Certification.

You Still Must Meet the EB-2 Qualifications

This is the same as above.

You Must Meet the National Interest Waiver Eligibility Test

After you meet the EB-2 requirements, you must also satisfy all three parts of the National Interest Waiver test, which are:

·      Your proposed work has both substantial merit and national importance;

·      You are well-positioned to advance your proposed work; and

·      When balancing all the factors, it would be in the national interest of the U.S. to grant you a waiver of the normal job and labor certification requirements.

Advantages of Applying for an NIW Green Card

Employer Sponsorship is Not Required. You can file an NIW Green Card application by yourself.

A Specific Offer of Employment is Not Required. You can file an NIW Green Card application even if you do not have a job offer from a U.S. employer.

Labor Certification is Not Required. Unlike most other EB green card categories, you do not need to get a Labor Certification. This definitely saves time.

Less Strict than the EB-1A. If you are considering the EB-1A ( see above ), the NIW green card application is less stringent and USCIS approval rates for are significantly higher.

What Should You Do Next?

Your advanced degrees, education, and work experience might qualify you for an EB-2 visa and possibly the National Interest Waiver.

This can be a tremendous advantage for you.

It all depends on your personal and unique circumstances.

Let us help you determine your best path forward to a green card and permanent US residency.

At ImmiVisa, we take care of the lengthy, complicated immigration process for you.

Our specialized team of immigration lawyers can help you find the easiest, least stressful, and least expensive best steps.

Whether you just want information, or you are ready get started, give us a call and learn how to take advantage of these  programs to get your green card and permanent residency.