PERMANENT (IMMIGRANT) WORKER

A permanent worker is an individual who is authorized to live and work permanently in the United States.  This can be achieved through the following employment categories/preferences:  

·         First Preference: This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.

·         Second Preference:  This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.

·         Third Preference:  This preference is reserved for professionals, skilled workers, and other workers.

·         Fourth Preference: This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.

·         Fifth Preference: This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.

Employment immigration Overview

At Stavros Immigration we understand employment immigration is a complicated process.   We are here to assist you in navigating the complex process and determining what type of immigration makes sense for you and/or your business.  Every year the Untied States welcomes thousands of foreign workers to the United States both temporarily and permanently.  These visas are available to individuals of multiple professions and skill sets.  However, depending on the employment category there are various admission requirements and lengths of authorized stay.

Temporary (non-immigrant) Worker

A temporary non-immigrant worker is a class of individuals seeking to enter the United States for a set period of time and for a specific purpose. Individuals may qualify under multiple categories of visas so it is important to consult with an immigration attorney to determine which type of visa best suits your needs and increases the likelihood of visa approval. There are several different types of employment visas which may be of interest:

H-1B visa – This is the most common visa available for highly skilled individuals.  A business must petition for the employee to work for them.  All applications must be turned in on April 1st every year.  There is a limited number of visas available under the H-1B category (65,000 for individuals with a bachelor’s degree and an additional 20,000 for those with a masters or higher). The H-1B visa is valid for up to six years.

TN visa – Under the NAFTA agreement, professionals from Mexico or Canada who have degrees and/or experience in specified fields may gain employment through the TN visa.  There is no cap on the quantity of TN visas issued per year and they can be renewed as many times as necessary. 

L-1 visa – This visa is available for transferees from a multi-national corporation.  An individual must have at least one year working for the copy abroad prior to applying for this visa.

O-1 – Individuals of extraordinary ability in science, education, business or athletics who have received national and/or international acclaim in their field.

P-1 – This visa is available for internationally acclaimed athletes and entertainers.