Our Phoenix employment-based lawyer are available to explain the various types of visas and procedures involved in coming to the United States for employment reasons. Talk with our immigration attorneys to learn more about how we can help.
EB-1A: Extraordinary Ability
The EB-1A is an employment-based immigrant visa for individuals who demonstrate extraordinary ability in their field, including sciences, arts, education, business, or athletics. Applicants must show they have achieved significant national or international recognition for their work. This visa does not require employer sponsorship, allowing the individual to self-petition for permanent residency.
What Is The Qualifying Criteria for an EB-1A?
- The applicant must have extraordinary ability in one of the following fields: science, arts, education, business, or athletics.
- Proof of major accomplishments such as prestigious awards, published work, membership in exclusive organizations, or significant contributions to the field is required.
- The applicant must provide evidence of sustained national or international acclaim.
- No employer sponsorship is required, but the applicant must demonstrate the intent to continue working in the field of extraordinary ability.
EB-1B: Outstanding Researchers/Professors
The EB-1B is an immigrant visa for outstanding researchers or professors who are internationally recognized for their work in a specific academic field. This visa is available to those who are offered a permanent position at a U.S. university or research institution. It allows individuals with significant academic achievements to contribute further to their field in the U.S.
What Is The Qualifying Criteria for an EB-1B?
- The applicant must have at least 3 years of experience in teaching or research in the academic field.
- The applicant must be internationally recognized for their outstanding achievements in their area of expertise.
- The applicant must have a permanent job offer from a U.S. employer (such as a university or research institution).
- Evidence of major contributions to the field, such as published papers, citations, or peer recognition, is required.
EB-1C: Multinational Executives/Managers
The EB-1C is an immigrant visa for multinational executives and managers who are being transferred to a U.S. office of the same employer or its affiliate. This visa allows companies to bring their high-level executives or managers to the U.S. to fill permanent managerial positions.
What Is The Qualifying Criteria for an EB-1C?
- The applicant must have worked for at least one year in the last three years in an executive or managerial capacity for a foreign branch, affiliate, or subsidiary of the U.S. company.
- The applicant must be offered a permanent managerial or executive position in the U.S.
- The applicant must have been employed in a similar capacity with the same employer.
- Employer sponsorship is required for this visa type.
EB-2 NIW: National Interest Waiver
The EB-2 National Interest Waiver (NIW) allows individuals with an advanced degree or exceptional ability in the arts, sciences, or business to self-petition for a green card without employer sponsorship, provided their work benefits U.S. national interests. This visa eliminates the need for the typical labor certification process.
What Is The Qualifying Criteria for an EB-2 NIW?
- The applicant must hold an advanced degree or demonstrate exceptional ability in their field (arts, sciences, or business).
- The applicant must prove that their work is in the U.S. national interest and that waiving the labor certification requirement would benefit the U.S.
- Evidence such as research, publications, or achievements in the field is required.
- The applicant must show they intend to continue working in their field in the U.S.
EB-2 and EB-3 PERM Labor Certification Cases
Both the EB-2 and EB-3 visa categories require employer sponsorship and the PERM Labor Certification process, which verifies that there are no qualified U.S. workers available for the job. The EB-2 category is for professionals with advanced degrees or exceptional ability, while EB-3 is for skilled workers and professionals with at least a bachelor’s degree.
What Is The Qualifying Criteria for an EB-2 and EB-3 PERM Labor Certification Case?
- EB-2: The applicant must have an advanced degree or demonstrate exceptional ability in the sciences, arts, or business.
- EB-3: The applicant must have at least a bachelor’s degree, or for skilled workers, at least two years of experience in the field.
- The employer must go through the PERM process to prove that there are no U.S. workers qualified for the position.
- Employer sponsorship is required for both categories.
H-1B: Specialty Occupations
The H-1B visa is a temporary work visa for individuals working in specialty occupations that require a bachelor’s degree or higher (or its equivalent) in a specific field. It is one of the most common visas for foreign professionals coming to the U.S. for employment.
What Is The Qualifying Criteria for an H-1B?
- The job must require at least a bachelor’s degree or higher in a specific specialty.
- The applicant must possess the necessary degree or equivalent work experience.
- Employer sponsorship is required, and the employer must demonstrate the job’s qualifications align with the applicant’s education.
L-1A/L-1B: Intracompany Transfers
The L-1 visa allows multinational companies to transfer executives, managers (L-1A), or employees with specialized knowledge (L-1B) from foreign offices to U.S. offices.
What Is The Qualifying Criteria for an L-1A or L-1B?
- L-1A (Executive/Manager): The applicant must have worked outside the U.S. for at least one year in an executive or managerial role within the last three years.
- L-1B (Specialized Knowledge): The applicant must have worked for at least one year in a role requiring specialized knowledge with the foreign company.
- Employer sponsorship is required for both categories.
O-1: Extraordinary Ability
The O-1 visa is for individuals who possess extraordinary ability or achievement in their field, such as science, arts, business, or athletics. The visa allows these individuals to temporarily work in the U.S. in their field of expertise.
What Is The Qualifying Criteria for an O-1?
- The applicant must demonstrate extraordinary ability in their field through evidence such as awards, publications, and professional recognition.
- The applicant must be coming to the U.S. to continue working in their field of extraordinary ability.
- Employer or agent sponsorship is required.
TN: NAFTA/USMCA
The TN visa allows professionals from Canada and Mexico to work in the U.S. in certain occupations under the North American Free Trade Agreement (NAFTA), now updated under the U.S.-Mexico-Canada Agreement (USMCA).
What Is The Qualifying Criteria for a TN?
- The applicant must be a citizen of Canada or Mexico.
- The applicant must work in a profession listed under the NAFTA/USMCA agreement.
- The applicant must have the required qualifications (usually a bachelor’s degree or equivalent) for the specific occupation.
- Employer sponsorship is required.
Call Our Phoenix Office to Discuss How You Can Take Advantage of Employment-Based Immigration Law
New Frontier Immigration Law has attorneys available to help you come to the U.S. for work. Call us now and speak with a Phoenix attorney about the options for employment-based immigration.
