New Orleans
Work Visa Attorneys
While the most common way to get a green card to live and work in the U.S. might be through a family-based application, some applicants also obtain status through work.
The Immigration and Nationality Act provides 140,000 employment-based immigrant visas each year, and hundreds of thousands of visas are granted to those coming to the U.S. for teaching and research.
Pelton + Balducci works with people seeking visas and immigrant status through work and school throughout the greater New Orleans area. We have helped many people achieve their goals of obtaining these types of visas, and we are dedicated to helping you achieve your goals, too.
Pelton + Balducci works with people seeking visas and immigrant status through work and school throughout the greater New Orleans area. We have helped many people achieve their goals of obtaining these types of visas, and we are dedicated to helping you achieve your goals, too.
Employment-Based Immigration Options
There are five preference categories for work visas to the United States.
Because there is a worldwide limit to the number of employment visas given each year, these preferences can make a difference for someone applying.
1. Employment First Preference (EB-1)
This category makes up 28.6% of the number of applicants who receive this visa worldwide. These recipients have an approved I-140 Immigrant Petition for Foreign Worker form and are either:
- A person of extraordinary ability in the sciences, arts, education, business, or athletics,
- A professor and researcher with either 3+ years experience in teaching or research or is recognized internationally, or
- An executive or manager who was employed at the overseas branch of a U.S. company.
2. Employment Second Preference (EB-2)
The second type of applicants must have a different set of requirements:
- A Job offer from a U.S. employer (who files the petition) and Labor Certification approved by the Department of Labor,
- Schedule A designation, or
- A “National Interest Waiver” of the Job Offer and Labor Certification requirements
3. Employment Third Preference (EB-3)
The third designation is for Skilled Workers, Professionals with Baccalaureate Degrees, and Other Workers. Like EB-2s, EB-3s must provide an application from their prospective U.S. employer and must qualify for one of the shortage occupations in the Labor Market Information Pilot Program.
4. Employment Fourth Preference (EB-4)
EB-4 applicants are referred to as “special immigrants.” These applicants make up less than 10% of all employment-based visas. They must be beneficiaries of Form I-360 or Form DS-1884.
Some examples of these “special” EB-4 applicants can include:
- Broadcasters
- Ministers of Religion
- Certain Employees or Former Employees of the U.S. Government in various countries abroad
- Interpreters and translators
- Children who have received Special Immigrant Juvenile Status from USCIS
5. Employment Fifth Preference (EB-5)
EB-5 applicants are entrepreneurs who want to invest $500,000 or more in a commercial enterprise in the U.S. These applicants can file Form I-526, Immigrant Petition by Alien Entrepreneur.
Employment-based nonimmigrant (i.e., temporary) statuses include:
- E-1 Treaty Traders
- E-2 treaty investors
- H-1B for workers in “specialty occupations”, which generally require at least a Bachelor’s degree or equivalent
- L-1 Intra-company transferees or executives or managers seeking to establish a new office in the United States
- O-1 individuals of extraordinary ability
- TN (Treaty Nationals), citizens of Canada and Mexico who work within certain professions
Academic-Based Non-Immigrant Options
While many people come to the U.S. for its job opportunities, hundreds of thousands of others come to study, teach, or share their knowledge. There are a few types of non-immigrant (temporary) visas available for these academic purposes.
F Visa - International Student
This visa is for a student who would like to study abroad at a U.S. institution such as a college, university, seminary, conservatory, high school, etc. To be eligible, students must be accepted to the school of their choice and obtain an I-20 issued by the school.
J Visa - Exchange Visitor Program
J-visas are for certain exchange visitors that fall within 15 classifications, including au pairs, camp counselors, college and university students, interns, physicians, professors, and teachers. Some but not all of these visas are subject to a two-year foreign residency requirement.
Frequently Asked Questions
1. What is employment-based immigration in the United States?
Employment-based immigration in the United States allows foreign nationals to obtain lawful permanent resident status or temporary work authorization through a qualifying job offer, professional skill, investment, or extraordinary ability. Some employment-based immigration categories lead to a green card, while others provide temporary work visas.
2. What is an employment-based green card in the United States?
An employment-based green card allows a foreign worker to become a lawful permanent resident based on employment. These green cards are divided into preference categories such as EB 1, EB 2, EB 3, EB 4, and EB 5, each with specific eligibility requirements.
3. What are the EB 1, EB 2, and EB 3 visa categories?
The EB 1 category is for individuals with extraordinary ability, outstanding professors or researchers, and certain multinational executives. The EB 2 category is generally for professionals with advanced degrees or exceptional ability. The EB 3 category applies to skilled workers, professionals, and certain other workers. Each category has its own requirements and processing steps.
4. What is the difference between a work visa and an employment-based green card?
A work visa in the United States, such as an H 1B visa or L 1 visa, provides temporary authorization to work. An employment-based green card provides lawful permanent resident status. Some individuals begin on a temporary work visa and later apply for an employment-based green card.
5. What is an H 1B visa in the United States?
The H 1B visa is a temporary work visa that allows United States employers to hire foreign professionals in specialty occupations. These positions typically require at least a bachelor degree or its equivalent in a specific field.
6. What is an L 1 visa for employment in the United States?
The L 1 visa allows multinational companies to transfer executives, managers, or employees with specialized knowledge from a foreign office to a United States office. This visa is commonly used by international businesses expanding into the United States.
7. What is an O 1 visa for extraordinary ability?
The O 1 visa is a temporary work visa for individuals who demonstrate extraordinary ability in fields such as science, education, business, athletics, or the arts. Applicants must provide substantial evidence of achievement and recognition in their field.
8. What is academic-based immigration in the United States?
Academic-based immigration includes visas that allow individuals to study, teach, conduct research, or participate in exchange programs in the United States. Common academic visas include the F 1 student visa and the J 1 exchange visitor visa.
9. What is an F 1 student visa in the United States?
The F 1 student visa allows international students to attend accredited academic institutions in the United States. Students must maintain full-time enrollment and comply with visa conditions throughout their studies.
10. What is a J 1 exchange visitor visa?
The J 1 visa is designed for exchange visitors participating in approved programs such as research, teaching, training, or cultural exchange. Some J 1 visa holders may be subject to a two year home residency requirement depending on program conditions.
11. How long does employment-based immigration take in the United States?
Processing times for employment-based immigration vary depending on the visa category, country of origin, and current government processing times. Some employment-based green card categories may involve multiple steps, including labor certification and immigrant petition approval.
12. Do I need an immigration lawyer for employment or academic-based immigration?
Employment and academic-based immigration cases often involve strict eligibility requirements, detailed documentation, and employer coordination. Working with experienced immigration attorneys can help ensure that your work visa, academic visa, or employment-based green card application is carefully prepared and compliant with United States immigration law.
Contact a New Orleans employment and academic-based immigration attorney today
If you meet the eligibility requirements and are interested in applying for an employment-based or academic-based visa to work, study, teach, or do research in the U.S., our team is here to help. Contact Pelton + Balducci today at (504) 708-5400 to schedule a consultation.
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