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A B-1 is a business visa for a temporary visitor entering the U.S. for business reasons which do not involve receiving salary or compensation of any kind from a U.S. source. Business reasons may include but are not limited to: attendance at a convention, conference, seminar; to explore the possibility of opening a business or make investments; negotiating contracts or taking sales orders.
An H-1B visa is a nonimmigrant visa which allows U.S. employers to employ highly skilled temporary workers. H-1B workers are admitted for an initial period of three years, which may be extended for an additional three years. In some cases an extension beyond the six-year limit is allowed.
An H-1B worker:
1) Must have a bachelor's degree or higher (or its equivalent) in the specific specialty (except for certain fashion models);
2) Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors;
3) The current annual cap on the H-1B category is 65,000;
4) The cap does not apply to H-1B workers employed by institutions of higher education or a related or affiliated nonprofit entity, a nonprofit research organization or a governmental research organization;
5) Since fiscal year 2005, a new law made available 20,000 new H-1B visas for foreign workers with a Master's or higher level degree from a U.S. academic institution. These visas are exempted from the annual cap.
An H-1B1 is a special type of H-1B reserved for a national of Chile or Singapore coming to the Unites States to work temporarily in a specialty occupation. The combined statutory limit is 6,800 per year. 1,400 visas are set aside annually for nationals of Chile, and 5,400 for nationals of Singapore.
The H-2A visa allows U.S. employers to hire foreign agricultural workers or foreign nationals to work perform agricultural labor.
The H-2B visa allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. Industries include construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services. The annual cap is 66,000.
The H-3 visa is for those who are coming temporarily to the U.S. to receive training (other than graduate medical education or training) by a business entity, academic, or vocational institute. It also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. The annual cap is 50 visas per fiscal year for H-3 aliens participating in special education training programs.
The H-4 visa is available to the spouse or children of a H-1, H-2 or H-3 visa holder who wish to visit or accompany the principal visa holder to the U.S.
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The P-1 visa is available to athletes and internationally recognized artists and entertainment groups to enter the U.S. to participate in internationally recognized event for a U.S. employer, or an international employer working through a U.S. agent. It is also available to support personnel.
The P-2 visa is available to artists and entertainment groups and their support personnel to enter the U.S. to perform under a reciprocal exchange program between the U.S. and the foreign country. The P-2S visa is available to essential support personnel for a P-2.
The P-3 visa is available to those coming to the U.S. to perform, teach or coach under a program that is culturally unique. The artist or entertainer can come individually or as part of a group under a commercial or non-commercial program. The P-3S visa is available to essential support personnel for a P-3.
The P-4 visa is available to the spouse or children of a P-1, P-2 or P-3 visa holder who wish to visit or accompany the principal visa holder to the U.S.
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An immigrant is a foreign national who has been authorized to live and work permanently in the U.S. An immigrant is also known as a green card holder. An employment-based immigrant visa holder contrasts with a non-immigrant worker in that a non-immigrant worker is a foreign national who has been authorized to live and work for a temporary period in the U.S. H-1B, E-2, L-1 visas for example are all work-based non-immigrant visas. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the U.S., the potential employee must go through a multi-step process.
1) Labor Certification: Most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor. If a labor certification is required for the job category, the Department of Labor must grant the certification before the employer will be allowed to submit the Petition for Alien Worker (Form I-140).
2) Petition for Alien Worker & USCIS Approval: The USCIS must approve the immigrant visa petition. The employer acts as the sponsor (known as the Petitioner) for the employee (known as the Beneficiary) who wants to live and work on a permanent basis in the U.S.
3) Immigrant Visa Number: The State Department must give the applicant an immigrant visa number, even if the applicant is already in the U.S. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. The status of a visa number can be tracked in the Department of State's Visa Bulletin.
4) Application for Permanent Residence (Green Card): If the applicant is already in the U.S., he or she must apply to adjust to permanent resident status after a visa number becomes available. If the applicant is outside the U.S. when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.
There are four categories for granting permanent residence to foreign nationals based upon employment:
EB-1: Priority workers
1) Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
2) Foreign nationals that are outstanding professors or researchers
3) Foreign nationals that are managers and executives subject to international transfer to the United States
EB-2: Professionals with advanced degrees or persons with exceptional ability
1) Foreign nationals of exceptional ability in the sciences, arts or business
2) Foreign nationals that are advanced degree professionals
3) Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved.
EB-3: Skilled or Professional Workers
1) Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
2) Foreign national skilled workers (minimum two years training and experience)
3) Foreign national unskilled workers
EB-4: Special Immigrants
1) Foreign national religious workers
2) Employees and former employees of the U.S. Government abroad
Click here for information on EB-5: Immigrant Investor Green Card
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This page provides only a general overview of the types of immigration services we provide. Click on the individual categories for more information on each type of immigration benefit. Please contact us for a free consultation and let us know the nature of your case. For more information on new developments in immigration, please see the What's New & F.A.Q. section.
