Immigrant and non-immigrant work Visas
Whether you are a skilled worker, a professional, or an immigrant of extraordinary ability, you need to apply for a Visa if you want to work legally in the United States. Only if you get married to a U.S. Citizen, you will be able to obtain an immigrant Visa and work authorization without restrictions.
As a New York Immigration Attorney, I have helped many people get a temporary work Visa or Green Card through a job offer. I am one of the very few immigration lawyers in New York with firsthand experience with the immigration system, having been a Business investor in E-2 Treaty Visa status before becoming a Dual Citizen of Italy and the United States.
Many different types of employment-based Visas exist, depending on the specific circumstances. Filing the correct visa application will depend on the unique facts surrounding your situation, and will require appropriate documentation to the USCIS. Because of the complex requirements involved, it is vital that you work with an accomplished immigration lawyer like me who can guide you through the process.
Temporary Work Visas
Among the temporary work Visas, the most common are the H-1B, the O-1, and the P-1.
The H-1B Visa is for workers in specialty occupation with a U.S. bachelor’s degree or an equivalent degree earned at a recognized foreign university.
The O-1 Visa is for workers with extraordinary ability in the science, arts, business or athletics.
The P-1 Visa is for internationally-recognized athletes that are coming to the U.S. to play individually or as a team.
Permanent Work Visas
An immigrant Visa can be obtained through a permanent job offer from a U.S. employer. In most cases, the employer must file a Labor Certification to prove that the conditions of similar U.S. Citizen or Permanent Resident workers will not be affected.
The EB-1 classification allows workers with extraordinary ability, outstanding researchers or professors, and multinational managers and executives to get a Green Card without filing a Labor certification.
The EB-2 immigrant Visa is for workers with an advanced degree, exceptional ability, and those seeking a National Interest Waiver. In a National Interest Waiver case, the Labor Certification process is waived on the basis of having exceptional ability or employment that would greatly benefit prospectively the United States.
The EB-3 immigrant Visa is for skilled and unskilled workers that have an offer of employment from a U.S. company. It requires an employer to obtain a Permanent Labor Certification with the U.S. Department of Labor before filing the immigrant Visa petition.
To learn more about the different types of employment-based Visas, please contact my office to schedule an in-person consultation. You can also fill out an evaluation form if you would like for me to review your case free of charge.