Employment-Based Visa Options

For Specialized Workers

H-1B: Speciality Occupations

An H-1B visa allows U.S. employers to bring highly skilled workers from abroad to work in certain specialized occupations, such accounting and software development. The employee must meet certain requirements, including earning at least bachelor’s degree or its U.S. equivalent. H-1B visas are in extremely high demand and limited in number, so new H-1B applications are chosen for review in an annual lottery at USCIS. A skilled immigration attorney can help employers navigate this highly competitive process.

L-1A: Intracompany Transfers for Executives or Managers

This visa is for U.S. employers who want to transfer an executive or manager from an affiliated foreign office to a U.S. office. Foreign companies can also use the L visa to send an executive or manager to set up a new office in the U.S. The company must show that there is a qualifying relationship between the employee and foreign company, and that the employee will be doing business in the U.S. for the foreign company. Our team is very familiar with the L-1A process and our attorneys are happy to help companies of all sizes to assess their options.

L-1B: Intracompany Transfers for Employees with Specialized Knowledge

This visa is for U.S. employers who want to transfer an employee with specialized knowledge from an affiliated foreign office to a U.S. office. Foreign companies can also use the L visa to send a specialized employee to help set up a new office in the U.S. The company must show that there is a qualifying relationship between the employee and foreign company, and that the employee will be doing business in the U.S. for the foreign company. Our team is very familiar with the L-1B process and our attorneys are happy to help companies of all sizes to assess their options.

O-1A: Individuals with Extraordinary Ability in the Sciences, Education & Business

This visa is intended for foreign nationals who have made extraordinary achievements in and contributions to their field. To qualify, O-1A applicants must show that they have reached the very top of their field, and that they are coming to the U.S. to continue their work in that field. O-1A visas require the applicant to provide substantial evidence of their extraordinary ability, but our team regularly files O-1A applications. McEntee Law Group is happy to guide employers and employees through this process.

R-1: Temporary Religious Worker

R-1 visas are for foreign nationals to work temporarily in religious occupations at institutions or organizations affiliated with their religious denomination. To qualify, the foreign national must work at least part time for a non-profit religious organization, and their job duties must carry out the religious creed of the organization. The petitioning organization may be required to have a site inspection by USCIS before their application is approved.

For Employees from Specific Countries

E-3: Specialty Occupation Professionals from Australia

The E-3 visa is only available to Australian nationals. Like the H-1B, it allows Australian workers to come to the U.S. to work in specialty occupations. To qualify, the worker must have at least a U.S. bachelor’s degree or its equivalent and a body of knowledge and experience in a specialized field. Employers interested in applying for an E-3 employee must go through a labor certification process. Our attorneys are here to guide U.S. employers through E-3 applications.

TN: NAFTA Professionals

The TN visa is for qualifying Canadian and Mexican nationals to temporarily conduct business activities in the U.S. The employee must have a pre-arranged position with a U.S. employer that requires a NAFTA professional, and the TN visa requirements are slightly different between Canada and Mexico. If the TN visa is right for your company, McEntee Law Group is familiar with the application process and we are happy to assist.

For Interns & Trainees

H-3: Nonimmigrant Trainee

The H-3 visa allows organizations to invite foreign nationals to receive professional training for work that they will perform outside the U.S. H-3 visa holders may receive training in a number of fields, such as agriculture, finance, and transportation. To qualify, the employer must show that the proposed training is not available in the foreign national’s country and that the training will benefit the foreign national in their career outside the U.S. An experienced immigration lawyer can help employers create a detailed application for H-3 employees.

J-1: Interns & Trainees

The J-1 visa allows foreign nationals to come to the U.S. to receive training in U.S. business practices and culture at a qualified sponsoring organization. Applicants may seek training in a variety of fields, from building trades to tourism. J-1 trainee applicants must have a post-secondary degree and/or years of work experience in the field in which they are seeking U.S. training. J-1 intern applicants must meet similar requirements, but can use the J-1 program to participate in a qualifying internship program while in school or shortly after graduation. J-1 applicants and sponsoring organizations should seek the guidance of an experienced immigration attorney to navigate the process.

For Short-Term Business

B-1: Temporary Business Visitor

This visa is only permitted for extremely limited business purposes, such as negotiating a contract or attending a conference on specific dates. Any productive or paid business activities require another suitable type of employment-based visa. This visa is under increased scrutiny and requires evidence of intent to return after a short period of time.

H-2B: Seasonal Non-Agricultural Workers

The H-2B programs allows qualified U.S. employers to bring foreign nationals to the U.S. to fill temporary, nonagricultural jobs. To qualify, U.S. employers may show that their need for foreign national employees is due either to a one-time, seasonal, or peak load need. USCIS is no longer accepting petitions for this visa for Fiscal Year 2018. The H-2B requires a multi-step recruitment and application process, and is best handled by an experienced immigration attorney.

Employment-Based Green Card Options

If a company wants to offer a permanent employment opportunity in the U.S., the company can sponsor that employee for a green card. This is a complex, multi-step process that requires guidance by an experienced immigration attorney. To schedule a consultation and determine the best course of action for you or your company, please reach out to us through our contact form.

Eligibility Categories:

• EB-1: Priority Workers

  • Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
  • Foreign national who are outstanding professors or researchers
  • Foreign nationals who are managers and executives subject to international transfer to the U.S.

• EB-2: Professionals with Advanced Degrees or Persons with exceptional ability

  • Foreign nationals of exceptional ability in the sciences, arts, or business
  • Foreign nationals who are advanced degree professionals
  • Qualified alien physicians who will practice medicine in an underserved area of the U.S.

• EB-3: Skilled or Professional Workers

  • Foreign national professionals with bachelor’s degrees (who do not qualify for a higher preference category)
  • Foreign national skilled workers (with at least two years training and experience)
  • Foreign national unskilled workers

• EB-4: Special Immigrants

  • Foreign national religious workers
  • Current and former employees of the U.S. Government abroad