If you are here on an non-immigrant visa such as F-1 or B-1, and you wish to stay and work in the United States, click here for a comprehensive list of options: Strategy to Stay in the U.S.
H1-B Visa for Specialty Occupation
H1-B visa was created for U.S. employers to employ foreign guest workers who hold specialty occupation skills or as fashion models. The regulation defines specialty occupation as requiring theoretical and practical application of a body of highly specialized knowledge in the particular field, ranging from architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialities, theology, and the arts, and the position must require the attainment of a bachelor's degree or its equivalent as a minimum.
Congress set an annual cap on the number on H1-B visas, and H1-B applications are accepted on the first day of April. In recent years, the number of application far surpassed the allocated number, and many qualified applicants were turned away even though they filed on the first day of acceptance. Before Congress opens up the number, applicants are advised to consider other types of work visa.
NOTICE: Office policy requires an initial deposit of $500 to determine eligibility. Once eligibility is determined, the deposit will be deducted from the overall attorney's fees.
Questions? Get Answers HERE
PERM: The New Labor Certification
Starting on March 28, 2005, all labor certifications must be filed under the new PERM procedure. For a successful PERM application, the Department of Labor must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.
NOTICE: Office policy requires an initial deposit of $500 to determine eligibility. Once eligibility is determined, the deposit will be deducted from the overall attorney's fees.
Questions? Get Answers HERE
L-1 Visa for Intra-company Transfer
L visa are typically used by managerial level personnel in international companies when they are transferred to a subsidiary or partner company in the United States. Also, when a multi-national company is developing a new market in another country, L visa may be used for employees with specialized knowledge to work in the newly established office. Smaller and even sarting-up compnaies can also take advantage of the L visa for its business needs as long as the requirements are met. USCIS (former INS) will scrutinze L visa petitions more closely if filed by a less well-known company.
NOTICE: Office policy requires an initial deposit of $500 to determine eligibility. Once eligibility is determined, the deposit will be deducted from the overall attorney's fees.
Questions? Get Answers HERE
E1 & E2 Visa for Treaty Investor & Worker
E1 and E2 visa are created by Trade Treaties that the United States signed with other countries in the world. The E1 Visa is for treaty traders, and E2 Visa is for treaty investors.
E1 Treaty Trader Visa
Citizens of qualifying countries who undertake a significant amount of international trade with the United States may qualify for E1 Visa. The volume of such trade must be sufficient to justsify the need for the E1 visa holder being int he U.S. to manage the trade. The trade with U.S. must also constitute the majority of the trader's international trade (approx. 50%). Although no set minimum level of trade is considered sufficient automatically, the lower the volume of trade obviously carries less likelihood that a E1 visa will be granted.
E1 Countries
Argentina | Taiwan (ROC) | France | Italy | Netherlands | Sweden | Australia | Colombia | Germany | Japan |
Norway | Switzerland | Austria | Costa Rica | Greece | South Korea | Oman | Thailand | Belgium | Denmark |
Honduras | Latvia | Pakistan | Togo | Bolivia | Estonia | Iran | Liberia | Philippines | Turkey | Brunei | Ethiopia |
Ireland | Luxenbourg | Spain | U.K. | Canada | Finland | Israel Mexico | Suriname | Yugoslavia |
E2 Treaty Investor Visa
Citizens of qualifying treaty counties who have made a significant investment in the United STates may qualify for E2 Treaty Investor status. Similar to the E1 visa, the lower the investment is, the lower the chance that the E2 visa will be granted. The level of investment must be sufficient to jusitfy the individual (or his or her employees) being in the United States. A substantial part of the investment must have been made before the E2 visa application can begin, and the investment must be in an operating business. Simply buying property or stocks and bonds does not qualify.
E2 Countries
Argentina | Taiwan (ROC) | Georgia | Kyrgyzstan | Pakistan | Switzerland | Armenia | Colombia | Germany |
Latvia | Panama | Thailand | Australia | Congo | Grenada | Liberia | Philippines | Togo | Austria | Costa Rica |
Honduras | Luxembourg | Poland | Trinidad and Tobago | Bangladesh | The Czech Republic | Iran | Mexico |
Romania | Tunisia | Belarus | Ecuador | Ireland | Morocco | Senegal | Turkey | Belgium | Egypt | Italy |
Moldovia | The Slovak Republic | The Ukraine | Bosnia-Herzegovina | Estonia | Jamaica | Mongolia | Spain |
United Kingdom | Bulgaria | Ethiopia | Japan | Netherlands | Sri Lanka | Uzbekistan | Cameroon | Finland |
Kazakhstan | Norway | Suriname | Yugoslavia | Canada | France | Korea | Oman | Sweden |
NOTICE: Office policy requires an initial deposit of $500 to determine eligibility. Once eligibility is determined, the deposit will be deducted from the overall attorney's fees.
Questions? Get Answers HERE
O Visa for Extraordinary Ability Workers
The O1 visa is designated for individuals who possess extraordinary ability in the sciences, education, business, arts or athletics and individuals of extraordinary achievement in the motion picture and television industries. The individual must provide documentation to prove that the individual's ability has been recognized through sustained national or international acclaim. The USCIS (former INS) makes the final decision on whether or not the individual qualifies for the O-1 visa.
NOTICE: Office policy requires an initial deposit of $500 to determine eligibility. Once eligibility is determined, the deposit will be deducted from the overall attorney's fees.
Questions? Get Answers HERE
TN Visa for Canadian and Mexican Citizens
The TN visa is designed for Canadian and Mexican citizen under the NAFTA treaty. Citizens of Canada and Mexico may apply for the TN visa if they are of a profession listed on the NAFTA agreement, and they have a job offer in the U.S. with a company that requires such a professional. Although TN visa applicants can work as a full-time or part-time employee, self-employment is not permitted. Applicants must be able to present proof of their credentials and qualifications for the profession. Spouses and chidren of TN visa holder may come with a derivative TD visa.
NOTICE: Office policy requires an initial deposit of $500 to determine eligibility. Once eligibility is determined, the deposit will be deducted from the overall attorney's fees.
Questions? Get Answers HERE
R Visa for Religious Workers
The R visa is for ministers of religion and full-time religious workers. R visa may not be appropriate for many visitors even though their visit to the U.S. is for religious activity. Those individuals may opt to apply for the tourist visa (B1/B2). An R visa applicant must be a member of a religious denomination having a bona-fide nonprofit, tax-exempt religious organization or at least an affiliation in the U.S. The applicant must have been a member of the denomination for 2 years immediately preceding the application. The applicant must enter the U.S. solely to carry out the vocation of a ministor or to work full-time in a religious occupation for that denomination or affiliated organization. Additionally, if the applicant was previously in the U.S. under an R visa for 5 years, the applicant must have resided and been physically present outside the U.S. for one year immediately prior to the present application for a new R visa to be issued.
NOTICE: Office policy requires an initial deposit of $500 to determine eligibility. Once eligibility is determined, the deposit will be deducted from the overall attorney's fees.
Questions? Get Answers HERE
EB-1 & EB-2 Self-Petitioning Green Card
EB-1 : Individuals with Truly Extraordinary Credentials and Abilities
Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." The self-petitioner must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, the applicant will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize.
EB-2 : Individuals with Advanced Degree Who Will Benefit the U.S.
The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.