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Visas to the
USA
VISAS
Foreign nationals who wish to permanently reside in the US must first obtain an immigrant visa. This is the first step towards becoming a lawful permanent resident. An immigrant visa is issued when the applicant meets the qualification requirements, completes and submits all necessary forms and additional required evidence necessary to obtain immigrant status
Immigrant and
non-immigrant
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O-1 EXTRAORDINARY ABILITY VISA
The O-1 visa is a non-immigrant visa for individuals with extraordinary ability in science, art, education, business, or athletics. This visa category is intended for individuals who have demonstrated outstanding achievements in their field and are coming to the United States to continue working in that field.
To qualify for the O-1 visa, individuals must have a job offer from a U.S. employer or agent and must demonstrate that they have a level of knowledge and recognition that is significantly above what is typically encountered in their field. This can be demonstrated through evidence such as awards, publications, or membership in organizations that require outstanding achievements.
The O-1 visa also has a "plus" provision called O-1B, which is intended for individuals with extraordinary ability in the arts or athletics. This category is intended for individuals such as actors, musicians, athletes, and other people in the entertainment industry.
The O-1 visa is typically granted for an initial period of 3 years but can be extended in increments of one year. In addition, O-1 visa holders and their dependents are eligible for work authorization and may apply for a green card without waiting for a visa number to become available.
The O-1 visa is a non-immigrant visa for individuals with extraordinary ability in science, art, education, business, or athletics. This visa category is intended for individuals who have demonstrated outstanding achievements in their field and are coming to the United States to continue working in that field.
To qualify for the O-1 visa, individuals must have a job offer from a U.S. employer or agent and must demonstrate that they have a level of knowledge and recognition that is significantly above what is typically encountered in their field. This can be demonstrated through evidence such as awards, publications, or membership in organizations that require outstanding achievements.
The O-1 visa also has a "plus" provision called O-1B, which is intended for individuals with extraordinary ability in the arts or athletics. This category is intended for individuals such as actors, musicians, athletes, and other people in the entertainment industry.
The O-1 visa is typically granted for an initial period of 3 years but can be extended in increments of one year. In addition, O-1 visa holders and their dependents are eligible for work authorization and may apply for a green card without waiting for a visa number to become available.
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O-2 VISA FOR SUPPORT PERSONNEL OF O-1 VISA HOLDERS
The O-2 visa is a nonimmigrant visa for individuals who will accompany and assist the O-1 visa holder and are an integral part of the O-1 visa holder's work. This category is intended for support personnel such as key grips, scouts, trainers, and other support staff who are necessary for the O-1 visa holder's work.
To qualify for an O-2 visa, the O-1 visa holder must have a job offer and must demonstrate that their level of knowledge and recognition is significantly higher than that which is normally encountered in their field. The O-2 visa holder must also demonstrate that they are an integral part of the O-1 visa holder's work and that their skills and experience are necessary for the success of the work.
The O-2 visa is usually issued for the same period as the O-1 visa holder, but does not include the option to extend. In addition, O-2 visa holders and their dependents do not have the right to obtain work authorization.
The O-2 visa is a nonimmigrant visa for individuals who will accompany and assist the O-1 visa holder and are an integral part of the O-1 visa holder's work. This category is intended for support personnel such as key grips, scouts, trainers, and other support staff who are necessary for the O-1 visa holder's work.
To qualify for an O-2 visa, the O-1 visa holder must have a job offer and must demonstrate that their level of knowledge and recognition is significantly higher than that which is normally encountered in their field. The O-2 visa holder must also demonstrate that they are an integral part of the O-1 visa holder's work and that their skills and experience are necessary for the success of the work.
The O-2 visa is usually issued for the same period as the O-1 visa holder, but does not include the option to extend. In addition, O-2 visa holders and their dependents do not have the right to obtain work authorization.
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EB-2 Immigration Based on Employment: Second Preference
EB-2 visa is a second preference work visa for individuals with advanced degrees or exceptional abilities. This visa category is intended for professionals with advanced degrees, such as a master's degree or higher, or those who have a degree in a specific field and have at least five years of progressive experience in that field.
To qualify for an EB-2 visa, individuals must have a job offer from a US employer, and the employer must obtain a labor certification from the Department of Labor (DOL) indicating that there are no qualified US workers who could fill the position. The employer must also demonstrate that the person's qualifications meet the job requirements and that they are paid the prevailing wage for that profession.
An exception is the EB-2 National Interest Waiver (NIW), which allows certain individuals with advanced degrees or exceptional abilities to apply for a green card on their own without the need for a US employer to sponsor them or obtain a labor certification.
EB-2 visa holders are also eligible for dual intent visas, which means they can apply for a green card while maintaining their non-immigrant status. In addition, EB-2 visa holders and their dependents are eligible for work authorization and can apply for a green card without waiting for a visa number to become available.
EB-2 visa is a second preference work visa for individuals with advanced degrees or exceptional abilities. This visa category is intended for professionals with advanced degrees, such as a master's degree or higher, or those who have a degree in a specific field and have at least five years of progressive experience in that field.
To qualify for an EB-2 visa, individuals must have a job offer from a US employer, and the employer must obtain a labor certification from the Department of Labor (DOL) indicating that there are no qualified US workers who could fill the position. The employer must also demonstrate that the person's qualifications meet the job requirements and that they are paid the prevailing wage for that profession.
An exception is the EB-2 National Interest Waiver (NIW), which allows certain individuals with advanced degrees or exceptional abilities to apply for a green card on their own without the need for a US employer to sponsor them or obtain a labor certification.
EB-2 visa holders are also eligible for dual intent visas, which means they can apply for a green card while maintaining their non-immigrant status. In addition, EB-2 visa holders and their dependents are eligible for work authorization and can apply for a green card without waiting for a visa number to become available.
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EB-2 NIW (National Interest Waiver)
EB-2 NIW (National Interest Waiver) is a type of second preference employment-based visa that allows individuals with advanced degrees or exceptional ability to apply for a green card without the need for an employer sponsor or labor certification.
To qualify for the EB-2 NIW visa, individuals must demonstrate that their abilities have national significance to the United States and that national interests would be adversely affected if labor certification were required. This can be demonstrated by showing that the individual's work will have a significant impact in their field, that they have received national or international recognition, or that they have other achievements that will benefit the country.
EB-2 NIW visa holders also have the right to dual intent, meaning they can apply for a green card while maintaining their nonimmigrant status. In addition, EB-2 NIW visa holders and their dependents have the right to work authorization and can apply for a green card without waiting for a visa number to become available.
This type of visa is highly selective and requires extensive documentation to support the case. The application and approval process is also very complex and it is recommended to consult with an immigration lawyer.
EB-2 NIW (National Interest Waiver) is a type of second preference employment-based visa that allows individuals with advanced degrees or exceptional ability to apply for a green card without the need for an employer sponsor or labor certification.
To qualify for the EB-2 NIW visa, individuals must demonstrate that their abilities have national significance to the United States and that national interests would be adversely affected if labor certification were required. This can be demonstrated by showing that the individual's work will have a significant impact in their field, that they have received national or international recognition, or that they have other achievements that will benefit the country.
EB-2 NIW visa holders also have the right to dual intent, meaning they can apply for a green card while maintaining their nonimmigrant status. In addition, EB-2 NIW visa holders and their dependents have the right to work authorization and can apply for a green card without waiting for a visa number to become available.
This type of visa is highly selective and requires extensive documentation to support the case. The application and approval process is also very complex and it is recommended to consult with an immigration lawyer.
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EB-3 EMPLOYMENT-BASED IMMIGRATION: THIRD PREFERENCE
EB-3 visa is a third preference employment-based visa for individuals who are skilled workers, professionals, or unskilled workers. This visa category is intended for individuals with lower levels of education or experience than those who qualify for the EB-2 category.
To be eligible for the EB-3 visa, individuals must have a job offer from a U.S. employer, and the employer must obtain a labor certification from the Department of Labor (DOL) stating that there are no qualified workers in the United States who could fill the position. The employer must also demonstrate that the individual's qualifications meet the job requirements and that they are paid the prevailing wage for that profession.
Skilled workers in the EB-3 category are those whose job requires at least two years of training or experience that is not of a temporary or seasonal nature.
Professionals are those whose job requires at least a U.S. bachelor's degree or its equivalent foreign degree.
Unskilled workers are those whose job requires less than two years of training or experience and whose work is not of a temporary or seasonal nature.
EB-3 visa holders also have the right to obtain a dual intent visa, which means they can apply for a green card while maintaining their non-immigrant status. In addition, EB-3 visa holders and their dependents have the right to obtain work authorization and can apply for a green card without waiting for a visa number to become available.
EB-3 visa is a third preference employment-based visa for individuals who are skilled workers, professionals, or unskilled workers. This visa category is intended for individuals with lower levels of education or experience than those who qualify for the EB-2 category.
To be eligible for the EB-3 visa, individuals must have a job offer from a U.S. employer, and the employer must obtain a labor certification from the Department of Labor (DOL) stating that there are no qualified workers in the United States who could fill the position. The employer must also demonstrate that the individual's qualifications meet the job requirements and that they are paid the prevailing wage for that profession.
Skilled workers in the EB-3 category are those whose job requires at least two years of training or experience that is not of a temporary or seasonal nature.
Professionals are those whose job requires at least a U.S. bachelor's degree or its equivalent foreign degree.
Unskilled workers are those whose job requires less than two years of training or experience and whose work is not of a temporary or seasonal nature.
EB-3 visa holders also have the right to obtain a dual intent visa, which means they can apply for a green card while maintaining their non-immigrant status. In addition, EB-3 visa holders and their dependents have the right to obtain work authorization and can apply for a green card without waiting for a visa number to become available.
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LABOR CERTIFICATION (PERM)
PERM certification, also known as the Program Electronic Review Management process, is a process used by the U.S. Department of Labor (DOL) to certify the hiring process of employers seeking to hire foreign workers through the permanent labor certification program. The permanent labor certification program is a process by which U.S. employers sponsor foreign workers to obtain permanent residency (green card) in the United States.
The PERM certification process begins with the employer submitting an application for labor certification to the DOL. This application includes detailed information about the job being offered, the qualifications required for the job, and the recruitment efforts the employer has made to try to fill the job with a U.S. worker.
The DOL will then review the application to ensure that the employer has met all necessary requirements and made a good faith effort to recruit U.S. workers for the job. If the application is complete and the employer has met all requirements, the DOL will certify the labor certification, meaning the employer has fulfilled the legal requirements to hire a foreign worker for the job.
After the labor certification is certified, the employer can file an immigration petition (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS) for the foreign worker. The foreign worker will also need to file an application for a change of status or consular processing, depending on their immigration status.
The process of obtaining a PERM certification can be complex and time-consuming, and it's important for employers to seek assistance from a lawyer or accredited representative who can help them navigate this process.
Labor certification (PERM) and employer's ability to pay.
PERM certification, also known as the Program Electronic Review Management process, is a process used by the U.S. Department of Labor (DOL) to certify the hiring process of employers seeking to hire foreign workers through the permanent labor certification program. The permanent labor certification program is a process by which U.S. employers sponsor foreign workers to obtain permanent residency (green card) in the United States.
The PERM certification process begins with the employer submitting an application for labor certification to the DOL. This application includes detailed information about the job being offered, the qualifications required for the job, and the recruitment efforts the employer has made to try to fill the job with a U.S. worker.
The DOL will then review the application to ensure that the employer has met all necessary requirements and made a good faith effort to recruit U.S. workers for the job. If the application is complete and the employer has met all requirements, the DOL will certify the labor certification, meaning the employer has fulfilled the legal requirements to hire a foreign worker for the job.
After the labor certification is certified, the employer can file an immigration petition (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS) for the foreign worker. The foreign worker will also need to file an application for a change of status or consular processing, depending on their immigration status.
The process of obtaining a PERM certification can be complex and time-consuming, and it's important for employers to seek assistance from a lawyer or accredited representative who can help them navigate this process.
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