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Learn About Immigration Law

Work Visa – Employment Based Immigration

Posted by Kelvin Rosado | Sep 04, 2022

If you want to come to the United States to work or are in the United States with lawful immigration status, we may represent you in seeking an employment-based immigration pathway. There are two ways to seek an employment-based visa, a temporary nonimmigrant status for a prospective employer or an immigrant status visa.

If you have the right combination of skills, education, and/or work experience, you may be able to live and work temporarily or permanently in the United States by seeking an employment-based nonimmigrant or immigrant visa.

Temporary Nonimmigrant Visa categories we represent clients on:

Temporary (Nonimmigrant) Worker Classification

Nonimmigrant Classification for a Temporary Worker

Description

Nonimmigrant Classification for Dependent Spouses and Children of a Temporary Worker

E-1

Treaty traders and qualified employees.

E-1

E-2

Treaty investors and qualified employees.

E-2

E-3

Certain "specialty occupation" professionals from Australia.

E-3

H-1B

Workers in a specialty occupation and the following sub-classifications:

H-1B1 - Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
H-1B2 - Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.
H-1B3 - Fashion models of distinguished merit and ability.

H-4

H-2A

Temporary or seasonal agricultural workers.

H-4

H-2B

Temporary non-agricultural workers.

H-4

L-1A

Intracompany transferees in managerial or executive positions.

L-2

L-1B

Intracompany transferees in positions utilizing specialized knowledge.

L-2

O-1

Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production.

O-3

O-2

Persons accompanying solely to assist an O-1 nonimmigrant.

O-3

P-1A

Internationally recognized athletes.

P-4

P-1B

Internationally recognized entertainers or members of internationally recognized entertainment groups.

P-4

P-2

Individual performer or part of a group entering to perform under a reciprocal exchange program.

P-4

P-3

Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique.

P-4

Q-1

Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the noncitizen's home country.

Not Applicable

R-1

Religious workers.

R-2

TN

North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada.

TD

Permanent Worker Immigrant Visas

Permanent Worker Visa Preference Categories

Preferences

General Description

Labor Certification Required?

EB-1

This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.

No

EB-2

This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.

Yes, unless applicant can obtain a national interest waiver (Labor Certification)

EB-3

This preference is reserved for professionals, skilled workers, and other workers.

Yes

EB-4

This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, noncitizen minors who are wards of courts in the United States, and other classes of noncitizens.

No

About the Author

Kelvin Rosado

Abogado Kelvin Rosado

Disclaimer

This website and its content is solely for informational purposes only and not intended as legal advice. In some jurisdictions may constitute attorney advertising. No attorney-client relationship is created in this website or with a consultation, unless a properly executed agreement and a retainer for a specific matter has been paid. Attorney Kelvin Rosado. PR/MD. US Limited to INA.

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