Helping Employers Hire the World's Top Talent

 

H-1B: EMPLOYING FOREIGN WORKERS IN SPECIALTY OCCUPATIONS

The H-1B visa is appropriate for employers seeking to employ foreign workers to perform services in a specialty occupation.

ELIGIBILITY: EMPLOYEE

In order for a Foreign worker to be eligible for the H-1B program, the foreign worker must have one of the following achievements:

  • Employee  completed a US bachelor's or higher degree required by the specific specialty occupation from an accredited college or university.

  • Employee holds a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation.

  • Employee has 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.

  • Employee has education, training, or 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.

ELIGIBILITY: EMPLOYER

  • The US H1-B visa is designed to be used for staff in specialty occupations. The job must meet one of the following criteria to qualify as a specialty occupation:

  • Have a minimum entry requirement of a Bachelor's or higher degree or its equivalent.

  • 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.

H-1B Compliance Services

With the Department of Labor and the Department of Homeland Security increasing their enforcement efforts, compliance in all areas of immigration related employment matters is key. To ensure you have a successful and compliant H-1B program, we can assist throughout the H-1B lifecycle. 

 

H-2A: TEMPORARY OR SEASONAL AGRICULTURAL WORKER

The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals of certain eligible countries to the United States to fill temporary or seasonal agricultural jobs.

H-2B: Temporary Non-Agricultural Worker

For foreign nationals of certain eligible countries to perform temporary or seasonal non-agricultural work for which there are not enough U.S. workers who are able, willing, qualified and available to do the temporary work.

 

H-3: Trainee or Special Education Visitor

This nonimmigrant category allows foreign nationals coming temporarily to the United States as either a (1) trainee to receive training in any field of endeavor, except graduate medical education or training, that is not available in the foreign national's home country, or (2) Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.


L-1:  INTRA COMPANY TRANSFER

L-1 category enables a U.S. employer to transfer an executive, manager or 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 an executive or manager to the United States with the purpose of establishing one. The employee's spouse and unmarried children under the age of 21 may to enter the United States under the L-2 category. Additionally, the L-2 spouse is eligible for employment authorization.

 

O: Individual with Extraordinary Ability or Achievement

For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes persons providing essential services in support of the above individual.


P-1: Individual or Team Athlete, or Member of an Entertainment Group - Competition or Exhibition

To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.

P-2: Artist or Entertainer, Exchange Program

For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual.

P-3: Artist or Entertainer (Individual or Group), Cultural Training 

To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.

 
 

EB-1: Employment-based immigration: first preference category

The first preference category allows the following groups of persons to obtain lawful permanent residence through employment without the need to file a labor certification (PERM) with the Department of Labor.

  • Individuals with extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Those are the scientists, artists, scholars, entrepreneurs, business people, and athletes who belong to that small percentage who have risen to the very top of the field of endeavor. Their achievements must be recognized in their field through extensive documentation. Such individuals do not need an offer of employment and may self-petition.

  • Individuals with international recognition for their outstanding achievements in a particular academic field and having at least 3 years’ experience in teaching or research in that academic area. Such persons must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

  • Multinational managers or executives who have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and seeking to enter the United States to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
 

EB-2: EMPLOYMENT-BASED IMMIGRATION: second PREFERENCE CATEGORY

The second preference category allows the following groups of persons to obtain lawful permanent residence through employment after obtaining a Labor Certification (PERM) from the Department of Labor.

  • Holders of an advanced degree or its equivalent (a baccalaureate degree plus 5 years’ progressive work experience in the field) who will fill a position requiring an advanced degree.

  • Persons with exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

  • Individuals seeking a national interest waiver ("NIW") who are requesting that the Labor Certification be waived because it is in the interest of the United States. Jobs that qualify for a national interest waiver (1) are those endeavors that have substantial merit and national importance; (2) are filled by individuals who are well positioned to advance the proposed endeavors; and (3) whose benefit to the national interest of the United States outweighs the need to protect the domestic labor supply. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them).

 

EB-3: EMPLOYMENT-BASED IMMIGRATION: third PREFERENCE CATEGORY

The third preference category allows the following groups of persons to obtain lawful permanent residence through employment after obtaining a Labor Certification (PERM) from the Department of Labor.

  • Skilled workers who have at least 2 years of job experience or training and are recruited by a U.S. employer to perform work for which qualified workers are not available in the United States.

  • Professionals who possess a U.S. baccalaureate degree or foreign degree equivalent who are recruited by a U.S. employer to perform work for which qualified workers are not available in the United States and that a baccalaureate degree is the normal requirement for entry into the occupation.

  • Unskilled workers who are capable, at the time the petition is filed on their behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.