Recent Blog on Topic
Immigration
At Carpenter & Associates, we specialize in helping individuals navigate the complex processes of temporary and permanent employment-based immigration. Our experienced team of immigration attorneys is committed to assisting clients in achieving their goals through various avenues. Our attorneys will get to know your business and understand your goals in order to consistently act with those interests in mind.
What are Temporary Worker Categorizations?
E-1 Treaty Traders/ Employees
To qualify for E-1 classification, the treaty traders must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation, a qualifying international agreement, or deemed a qualifying country by legislation.
- Intend to carry on substantial trade between the United States and the treaty country.
- Trade includes goods or services in insurance, tourism, transportation, banking, etc.
- E-1s present in the United States must file I-129 to change status, and if resident abroad must file DS-156 and DS-156E.
- Valid for two years with the possibility of extension.
- Spouses and unmarried children under 21 years of age are eligible to accompany E1s.
E-2 Treaty Investors/ Employees
- To qualify for E-2 classification, the treaty investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation;
- Have invested, or in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
- E-2 applicants present in the United States must file I-129 to change status and if resident abroad must file DS-156 and DS-156E.
- Valid for a maximum of two years with the possibility of extension.
- Spouses and unmarried children under 21 years of age are eligible to accompany E2s.
H-1B Specialty Occupations
- Are temporary work visas issued to foreign workers in occupations that require highly specialized knowledge; and
- Attainment of a bachelor’s or higher degree in the specific specialty.
- Applicant names must be entered into an annual Lottery to be selected as visa beneficiaries for that fiscal year.
- A US petitioner files a Labor Condition Application (LCA) and Form I-129 for the nonimmigrant foreign worker.
- Granted for three years with a possibility of extension for an additional three years but generally cannot go beyond six years.
- Spouses and unmarried children under 21 years of age are eligible to accompany H1Bs.
L-1s – Intracompany Transferees
- Allow a U.S. employer to transfer an executive/managerial (L-1A) or specialized employee (L-1B) from an affiliated foreign office to one of its offices in the United States.
- Also enables a foreign company to send an executive or manager to establish a subsidiary in the United States.
The employer must:
- File Form I-129 to petition for the employee.
- Have a qualifying relationship with the foreign company, and;
- Currently be, or will be, doing business as an employer in the United States and in at least one other country directly for the duration of the beneficiary’s stay as an L-1.
The named employee must also:
- Have been working for the employer abroad for one continuous year within the three years, and;
- Be seeking to enter the United States to provide service in an executive/managerial or specialized knowledge capacity for the US branch.
- Spouses and unmarried children under 21 years of age are eligible to accompany L1s.
O-1 Individuals with Extraordinary Ability or Achievement
- Issued to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or;
- who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.
- Employer must file form I-129 to petition for the employee.
- The beneficiary must demonstrate evidence of having received a major internationally recognized award (such as the Nobel Prize) or comparable evidence.
- Spouses and unmarried children under 21 years of age are eligible to accompany O1s.
P – Athletes, Performers and Entertainers
- Allows Athletes, Performers and Entertainers to come to the United States to perform individually or as part of a group.
- P-1A – Athlete coming temporarily to perform at a specific competition.
- P-1B – Recognized Entertainment group established for a minimum of one year coming temporarily to perform.
- P-2 – Artist or entertainer coming temporarily to perform under a reciprocal exchange program between an organization in the United States and an organization in another country.
- P-3 – Artist or entertainer coming temporarily to perform, teach or coach under a program that is culturally unique.
- The employer must file form I-129 to petition for the individual or group.
- Beneficiaries must demonstrate evidence of eligibility for the classification.
- Spouses and unmarried children under 21 years of age are eligible to accompany Ps.
Q Cultural Exchange
- Allows an applicant seeking to participate in an international cultural exchange program for the purpose of providing practical training and employment, and sharing the history, culture, and traditions of their home country with the United States.
- Qualified employers file Form I-129 to petition for the beneficiary.
- Does not allow family members to accompany under the same classification.
R-1 Religious Workers
- Allows Ministers and non-ministers in religious vocations and occupations to come to the United States temporarily for the purpose of performing religious work.
- US employers must file Form I-129 to petition for the beneficiary.
- Spouses and unmarried children under 21 years of age are eligible to accompany R1s.
What are Permanent Worker Categorizations?
- Employment-Based Immigration: First Preference EB-1
EB – 1A Extraordinary Ability
- Must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
- Must provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing continued work in the area of expertise.
- May also qualify by meeting at least 3 of the 10 criteria provided in the guidance.
- Offer of employment is NOT required.
- Labor Certification is NOT required.
EB-1B Outstanding Professor or Researcher
- Must demonstrate international recognition for outstanding achievements in a particular academic field.
- Must possess at least 3 years’ experience in teaching or research in that academic area.
- Offer of employment from prospective U.S. employer required.
- Must be entering the United States to teach or engage in comparable research position at a university, institution of higher education, or private employer.
- Private employers must show documented accomplishments and proof of employing at least 3 full-time researchers.
- May also qualify by meeting at least 2 of the 6 criteria listed in the guidance.
- Labor Certification is NOT required.
EB – 1C Certain Multinational Executives or Managers
- Beneficiary must have been employed outside the United States for at least 1 year in the 3 years preceding the petition.
- Offer of employment from prospective U.S. employer required in managerial or executive capacity.
- U.S. petitioner must have been doing business for at least 1 year and have a qualifying relationship with beneficiary’s foreign employer.
- Labor Certification is NOT required.
2. Employment-Based Immigration: Second Preference EB-2
EB-2 Advanced Degree
- Possession of an advanced degree or a bachelor’s degree plus 5 years of post-degree, progressive work experience in the field.
- May possess foreign equivalent of academic qualifications.
- Offer of employment from prospective U.S. employer required.
- US employer must file form I-140 to petition for beneficiary.
- Labor Certification is required.
EB-2 Exceptional Ability
- Proof of exceptional ability (expertise significantly above that ordinarily encountered) in the sciences, arts, or business.
- May also qualify by meeting at least 3 of the 7 criteria listed in the guidance.
- Offer of employment from prospective U.S. employer required.
- US employer must file form I-140 to petition for beneficiary.
- Labor Certification is required.
EB-2 National Interest Waiver
- Possession of an advanced degree or a bachelor’s degree plus 5 years of post-degree, progressive work experience in the field.
- May possess foreign equivalent of academic qualifications.
- Need proposed endeavor which will benefit US national interest.
- Self-petition using Form I-140.
- Offer of employment is NOT required.
- Labor Certification is NOT required.
3. Employment-Based Immigration: Third Preference EB-3
EB-3 Skilled Worker
- Beneficiary must demonstrate possession of at least 2 years of work experience, education, or training that meets the job requirements.
- US employer must file Form I-140 to petition for beneficiary.
- Beneficiary must be performing work for which qualified workers are not available in the United States.
- Labor Certification is required.
EB-3 Professional Worker
- Beneficiary must demonstrate possession of a U.S. bachelor’s or foreign equivalent.
- US employer must file Form I-140 to petition for beneficiary.
- Beneficiary must be performing work for which qualified workers are not available in the United States.
- Labor certification is required.
EB-3 Unskilled Worker
- Beneficiary must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature.
- US employer must file Form I-140 to petition for beneficiary.
- Beneficiary must be performing work for which qualified workers are not available in the United States.
- Labor certification is required.
At Carpenter & Associates, we understand the significance of your immigration journey. Our dedicated team is ready to guide you through each step, ensuring a smooth and successful process. Contact us today for personalized assistance on your immigration case.
Recent Blog on Topic
Immigration
At Carpenter & Associates, we specialize in helping individuals navigate the complex processes of temporary and permanent employment-based immigration. Our experienced team of immigration attorneys is committed to assisting clients in achieving their goals through various avenues. Our attorneys will get to know your business and understand your goals in order to consistently act with those interests in mind.
What are Temporary Worker Categorizations?
E-1 Treaty Traders/ Employees
To qualify for E-1 classification, the treaty traders must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation, a qualifying international agreement, or deemed a qualifying country by legislation.
- Intend to carry on substantial trade between the United States and the treaty country.
- Trade includes goods or services in insurance, tourism, transportation, banking, etc.
- E-1s present in the United States must file I-129 to change status, and if resident abroad must file DS-156 and DS-156E.
- Valid for two years with the possibility of extension.
- Spouses and unmarried children under 21 years of age are eligible to accompany E1s.
E-2 Treaty Investors/ Employees
- To qualify for E-2 classification, the treaty investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation;
- Have invested, or in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
- E-2 applicants present in the United States must file I-129 to change status and if resident abroad must file DS-156 and DS-156E.
- Valid for a maximum of two years with the possibility of extension.
- Spouses and unmarried children under 21 years of age are eligible to accompany E2s.
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