Employment Based Visas: Immigrant and Nonimmigrant

Rajkrishna IyerJuly 11, 2012

Nonimmigrant (Temporary) Visas

• Alphabet Soup• Working Visas• Nonimmigrant Intent• Extensions of Stay• Change of Status• Revalidation

Most Common Nonimmigrant Visas

• H-1B Professional Worker Visas• Student Visas (F, M)• Exchange Visitors (J-1)• Canadian & Mexican Professionals (TN)• Treaty Traders/ Investors (E-1/E-2)• Intracompany Transferees (L-1)

Green Cards Through Employment

• 1st preference: Priority workers• 2nd preference: Advanced degrees or

“exceptional ability”• 3rd preference: Skilled workers and

professionals• 4th preference: “Special” immigrants• 5th preference: Investors

Priority Workers (EB-1)

• Persons of Extraordinary Ability• Outstanding Professors and

Researchers• Multinational Managers and

Executives

Persons with Advanced Degrees or Exceptional Ability (EB-2)

• M.D., J.D., Ph.D, Masters or Bachelors Plus Five Years

• PERM Requirement – recruiting U.S. workers

• National Interest Waivers – for physicians

• National Interest Waivers – for others

Professional and Skilled Workers (EB-3)

• Persons whose jobs require 4-year degree• Persons whose jobs require 2 years of

experience• PERM Requirement – recruiting U.S.

workers

Green Cards Through Employment Procedure

• Demonstrate that there are no qualified U.S. workers for position

• Prevailing wage requirement• Advertisements in print media,

internet, job fairs, etc.

PERM• Ensures that employer is hiring for a

position in which no qualified and willing U.S. workers exist

• Labor certification required for the 2nd and 3rd preference petitions

• PERM receipt date serves as priority date• When PERM is approved, the employer may

file the immigrant visa petition (I-140) to USCIS

Exceptions to PERM

• National Interest Waivers• Shortage occupations (Schedule A):

registered nurses and physical therapists• 1st preference category petitions never

require PERM

Visa Bulletin: Employment CategoryCategorieCategorie

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eeChinaChina(PRC)(PRC) IndiaIndia MexicoMexico Phil ippinePhil ippine

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1st1st Current Current Current Current Current

2nd2nd 1-01-09 Unavailable Unavailable 1-01-09 1-01-09

3rd3rd 9-08-06 11-08-05 10-01-02 9-08-06 6-15-06

Unskil leUnskil ledd

9-08-06 6-15-03 10-01-02 9-08-06 6-08-06

4th4th Current Current Current Current Current

ReligiouReligiouss

Current Current Current Current Current

5th5th Current Current Current Current Current

Other employment categories

• Special immigrants: religious workers• “Employment creation”- Investors– Must create at least 10 jobs for U.S. workers– Government-approved regional centers

Green Cards through Employment Waiting Times:

• Annual Numerical Cap – 140,000 including Spouses and Children

• Visa Bulletin – Published Monthly by State Department

• Per-Country Limitations - 7% Requirement• Countries with Significant Backlogs• Grounds of Inadmissibility

Questions?