Employment Based Immigration

July 31, 2011

Labor Certification

A foreign national and his or her immediate family may become Legal Permanent Residents of the United States if a U.S. Company petitions for a Labor Certification for the individual.

Non-Immigrant Employment Visas

H-1B Visa

  • U.S. Based Companies who wish to hire Foreign National Individuals for specialty occupations (positions that require a minimum requirement of a Bachelor’s Degree.)

TN Visa

  • The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for 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.Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if:

    -You are a citizen of Canada or Mexico
    -Your profession qualifies under the regulations
    -The position in the United States requires a NAFTA professional
    -You have a prearranged full-time or part-time job with a U.S. employer (but not
    self-employment – see documentation required below)
    -You have the qualifications of the profession

E-1 Treaty Traders / E-2 Treaty Investors

  • 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.

H2-B Visa

  • The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs.

L-1A Intercompany Transferee Executive or Manager

  • 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 employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee.

L-1B Intercompany transferee Employees with Specialized Knowledge

  • 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.  The employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee.
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