working in the u.s. territory

For immigrants coming to the U.S. to carry on substantial trade, including trade in services or technology, mainly between the U.S. and the treaty country.

For immigrants coming to the U.S. to develop and direct the operations of an enterprise in which the immigrant has invested, or is in the process of investing a substantial amount of capital.

Spouses and children will receive dependent status. E-2 spouses are eligible for employment authorization.

For employees sharing the same nationality as the investor coming to the U.S. as a manager, supervisor or worker with special skills. Making them essential to the running of the business. 

Spouses and children will receive dependent status. E-2 spouses are eligible for employment authorization.

For immigrants coming to the U.S. to work in a professional position which requires a minimum of a bachelor’s degree or its equivalent. Examples include accountants, economist, nutritionist, therapist, programer, and others. 

The H-1B is subjected to a quota, there are 65,000 available spots yearly. For beneficiaries with a Masters degree in the U.S. there are an additional 20,000 spots available. 

When there are more applications than available spots, USCIS conducts a lottery.

The employer must register the prospective worker (immigrant) and position when registration opens in the beginning of March. If selected the H-1B petition will be filed with USCIS. 

The H-1B visa is issued for 3 years and may be renewed for another 3 years. 

Spouses and children will receive H-4 dependent visas.

For representatives of the foreign media including members of the press, radio, film or print industries, traveling to the U.S. to engage in their profession while having their home office in a foreign country. Some immigrants who may benefit from this visa category are reporters, film crews, editors and persons in similar occupations.

It is for an immigrant, who is a Multinational Manager or  Executive of an affiliated company abroad and is being transferred to the U.S. to work in the same or similar capacity.

Spouses and children are issued L-2 visas. Additionally the L-2 spouse may obtain Employment authorization. 

It is for an immigrant, who has knowledge of the company’s products/services, research, systems, proprietary techniques, management, or procedures, and is being transferred to the affiliated company in the U.S.

Spouses and children are issued L-2 visas. Additionally the L-2 spouse may obtain Employment authorization. 

L-1 visa may be issued even if the U.S. company is new.  Evidence must be submitted showing the new company has a place to do business, a  qualifying business structure exists, and that the employer has the ability to pay the employee and begin doing business in the U.S. In this case, the visa is initially issued for a one year period. 

Spouses and children are issued L-2 visas. Additionally the L-2 spouse may obtain Employment authorization. 

It is for immigrants with extraordinary ability in the sciences, education, business, or athletics. Extraordinary ability in the fields of business, science, education and athletics require a higher showing of expertise indicating that the applicant has risen to the very top of the field of endeavor.

Extraordinary Abilities

O-1A Visa is for immigrants with extraordinary ability in the sciences, education, business, or athletics. Extraordinary ability in the fields of business, science, education and athletics require a higher showing of expertise indicating that the applicant has risen to the very top of the field of endeavor.

O-1B Visa is for immigrants with extraordinary ability in the arts, or extraordinary achievement in the motion picture or television industry. Extraordinary ability in the field of art means distinction demonstrated by a high level of achievement in the field.

O-2 Visa is for immigrants who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  The O-2 worker must have critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1. Exemple: coach for an O-1 athlete. 

O-3 Visa is issue for the dependents of O-1’s and O-2’s

It is  for immigrants who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  The O-2 worker must have critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1. Exemple: coach for an O-1 athlete. 

It is issue for the dependents of O-1’s and O-2’s

Individual or Team Athletes, or Members of an Entertainment group that are internationally recognized coming to perform in the U.S. 

P-4 Spouse and Children

Artists or Entertainers who will perform under a reciprocal exchange program.

Artists or Entertainers who perform under a program that is culturally unique

It is issued for immigrants seeking to enter the U.S. to live and work in full-time salaried religious occupations or vocations. The immigrant must be a member of a religious denomination with a bona fide nonprofit religious organization in the U.S. In addition, the immigrant must have been a member of the denomination for two years immediately preceding applying for this visa.

It is issued for citizens of Canada and Mexico, who are professionals and coming to the U.S. to work in a prearranged full-time or part-time business activity for a U.S. or foreign employer. The Profession must be on the NAFTA list, and the professional Canadian or Mexican citizen must have the qualifications of the profession.

TD Visa is issued for spouses and children who are accompanying or following to join NAFTA Professionals (TN visa holders) Dependents do not have to be citizens of Mexico or Canada.

Individuals with Extraordinary Abilities:

The immigrant must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Achievements must be recognized in the field through extensive documentation. No offer of employment is required.

Outstanding Professors and Researchers:

The immigrant must demonstrate international recognition for outstanding achievements in a particular academic field; must have at least 3 years experience in teaching or research in that academic area; and must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. An offer of employment from the prospective U.S. employer is necessary. 

Multinational Manager or Executive:

The immigrant must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation, and must be seeking to enter the United States to continue working for that employer. The individual’s employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. An offer of employment from the prospective U.S. employer is necessary. The employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed the individual abroad.

For immigrants who are members of the profession holding an advanced degree or its equivalent, or who have an exceptional ability. Petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750

a. Advanced Degree

The job must require an advanced degree and the immigrant must possess such a degree or its equivalent (a baccalaureate degree plus 5 years of progressive work experience in the field)

b. Exceptional Ability

The immigrant must be able to show exceptional ability in the sciences, arts, or business.  Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

Usually requires a labor certification process but some immigrants may self sponsor if they qualify for National Interest Waiver

Requires a labor certification process and an offer from an employer (sponsor)

For foreign nationals who are special immigrants. To petition for an employment-based fourth preference immigrant, the foreign national’s employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where the employee, may self-petition on his/her own behalf. The following are some of the employees eligible for as special immigrants:

a. Religious Workers 

b. Iraqi/Afghan Translators 

e. International Organization Employees  

h. Panama Canal Zone Employees

1. Investment in a Regional Center Program (RC)

The foreign investor must (1)  Invest at least $ 900,000 in an RC that is part of the program approved by immigration and is located in a Targeted Employment Area and (2) the RC must create at least 10 new full time jobs directly or indirectly, through the investment of capital.

An RC is a type of investment approved by immigration, which allows EB-5 investors to qualify for the green card based on their investment in that RC. The investment on a RC does not guarantee an automatic approval  from immigration. An RC could be any economic, public or private investment project, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. For more information on RC please visit USCIS EB-5 Regional Center page

2. Direct investment

When the investment does not involve an RC. In this case the Individual must: 

(1) Invest or be in the process of investing at least $1.8 millioni or $900,000 if the investment is in a designated targeted employment area;  

(2) Benefit the U.S. economy by providing goods or services to U.S. markets;  

(3) Create full-time employment for at least 10 U.S. workers including U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (but not the applying foreign national or his/her spouse, sons or daughters or any temporary non immigrant worker); 

(4) Be involved in the day-to-day management of the new business or directly manage it through formulating business policy – corporate officer or board member.

Investors information: 

The investor will need to provide the following information during this process:

• Legal source of the money invested, including past tax returns;
• Biographical information
• Criminal record information