A. Extraordinary ability workers.

This category is for foreign nationals who possesses extraordinary ability in the sciences, arts, education, business, or athletics by demonstrating sustained national or international acclaim. The requirements to be classified as an EB-1 extraordinary ability worker are somewhat similar to the O-1 temporary visa classification requirements but the burden of proof and standard of review are higher. The foreign worker must demonstrate sustained national or international acclaim either by receiving a one-time major, internationally-recognized award, such as the Nobel Prize, or by satisfying at least three alternative criteria including receipt of lesser nationally or internationally recognized prizes or awards for excellence, membership in associations in the field which demand outstanding achievement of their members, published material about you in professional or major trade publications or other major media, judging the work of others, either individually or on a panel, original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field, authorship of scholarly articles in professional or major trade publications or other major media, work being displayed at artistic exhibitions or showcases, performance of a leading or critical role in distinguished organizations, command of a high salary or other significantly high remuneration in relation to others in the field, or commercial successes in the performing arts. The foreign national may apply on his own for extraordinary ability classification and does not need a U.S. employer to initiate the permanent residence process.

B. Outstanding professors and researchers

Outstanding researchers and professors with demonstrated international recognition and at least three years of experience in teaching or research may apply for EB-1 outstanding professor or researcher classification. Workers seeking this classification cannot apply on their own but must have an employment offer from a U.S. employer. To fit in this category, the foreign worker must satisfy at least two of a set of criteria including receipt of major prizes or awards for outstanding achievement, membership in associations that require outstanding achievement, published material in professional publications written by others about the worker’s work in the academic field, participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field, original scientific or scholarly research contributions in the field, and authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

C. Multinational manager or executive transfers

Managers or executives of multinational companies who have been employed abroad for at least one out of the preceding three years in a managerial or executive capacity for a qualifying affiliate, parent, subsidiary or branch of a U.S. company and who seek to work in a managerial or executive capacity at the U.S. company may qualify for EB-1 classification as a multinational manager or executive. This classification requires an employment offer from a U.S. company that has been actively doing business for at least one year.

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A. E-1 Treaty Trader Visa

Certain foreign nationals who engage in international trade with the United States may qualify for E-1 treaty trader visa. The volume of such trade must be sufficient to justify the trader or his/her employee(s) being in the United States to manage the trade, and must constitute the majority of the trader’s international trade (i.e. at least 50% of the Trader’s exports/imports must be to/from the USA). There is no set minimum level of trade which is considered sufficient.

B. E-2 Treaty Investor Visa

Foreign investors, including small startups and large multinational companies alike, and their key employees may qualify for the E2 treaty investor visa. The investment must be in an active commercial entity and could be established by either purchasing an existing or setting up a brand new business. The investment must be irrevocably committed (must be put at risk), substantial (must meet a proportionality test when compared to the total business value) and also non-marginal (investment revenues must be sufficient). There is no preset required minimum investment amount for a successful E-2 visa application. The actual investment amount depends on the specific nature of the investment.

C. E-3 Specialty Occupation Visa for Australia Nationals

The E-3 classification apply only to nationals of Australia who are have a job offer from a U.S. company to work in a specialty occupation, e.g. an occupation that requires theoretical and practical application of a body of knowledge in the professions and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States.

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A. H-1B Specialty Occupation

Specialty occupation means a position that:

1) typically requires a bachelor’s or higher degree as the minimum entry requirement
2) the degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
3) the employer usually requires a degree or its equivalent for the position
4) the job is so specialized or complex that the knowledge required to perform the job is usually associated with the attainment of a bachelor’s or higher degree.

To qualify for H-1B classification, the foreign worker must hold a bachelor’s or higher degree (or a foreign equivalent degree) or possess a certain level of education, training, and/or progressively responsible experience in his or her specialty that is equivalent to the completion of such a degree. Businesses wishing to employ H-1B workers must additionally obtain an approved Labor Condition Application from the U.S. Department of Labor and commit to meet certain wage, working condition, posting, and public disclosure requirements. In certain situations, employers may also be required to offer to pay the return transportation for H-1B worker to his or her home country.

➔ H-1B workers are usually admitted for a period of up to three years and their status may be extended for up to six years. In certain situations, the H-1B worker’s status may be extended beyond six years if there is a permanent residence case on file. Certain H-1B position are subject to an annual numerical “cap” of 65,000. There is an additional 20,000 H-1B numbers specifically reserved for foreign national who have a U.S. master’s degree or higher. However, not all H-1B workers are subject to this numerical limitation. For example, H-1B employees who are currently in H-1B status and who are switching employers but remain in H-1B status are exempt from the cap. Also, H-1B workers who will be employed at an institution of higher education, or an affiliated nonprofit research organization, or a government research organization, are not subject to this numerical cap.

B. H-1B2 U.S. Department of Defense Research and Development Worker

This classification is for workers who are engage in cooperative research and development project or a co-production project under a government-to-government agreement administered by the U.S. Department of Defense. The position must also require a bachelor’s or higher degree or its equivalent to perform the job duties. The U.S. employer is not required to submit a Labor Condition Application with the U.S. Department of Labor for this visa type.

C. H-1B3 Fashion Model

Unlike the typical H-1B worker, H-1B3 fashion modes are not required to possess a bachelor’s degree or its equivalent. However, the worker must be a fashion model of distinguished merit and ability and the job position must require a fashion model of prominence. The U.S. employer must obtain an approved Labor Condition Application to petition for fashion models.

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Review by: Anton

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Date published: 11-1-2014

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A. Advanced degree professionals

Advanced degree professionals possess masters or higher degrees or foreign equivalent, or a baccalaureate degree plus five years of post-degree progressive work experience in the field. The job position must also require at the minimum at least a masters’ or higher degree or a bachelor’s degree plus five years of post-degree experience. A labor certification is required for this category.

B. Exceptional ability workers

Workers who possess exceptional ability in the sciences, arts, or business, defined as a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business, may also be eligible for EB-2 classification. EB-2 exceptional ability workers must meet at least three from a set of list criteria including possessing a formal degree, at least 10 years of experience, a professional license, earning salary commensurate with exceptional ability, being a member of professional association, peer recognition, or submitting other related evidence demonstrating exceptional ability. A labor certification application is required for this category and the offered job position must also require exceptional ability.

C. National interest waiver

Foreign workers seeking a national interest waiver are seeking to bypass the labor certification process because it is in the U.S. national interest. National interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States is national in scope, of substantial intrinsic merit and will greatly benefit our national. Individuals seeking a national interest waiver do not need employment offers and may apply on their own.

D. Schedule A – Nurses and Physical Therapists.

The Schedule A visa category is for nurses and physical therapists. Nurses and physical therapists are listed as shortage occupations and therefore do not need to go through the labor certification process. As a result, nurses and physical therapists can obtain their green cards very quickly.

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A. AuPair

Foreign nationals, ages 18 to 26, may come to the United State to live with host families and provide them with childcare services. This is a mutually rewarding experience for both parties since since the foreign national gets to experience the American way of life while host families receive reliable and responsible childcare services from individuals who become a part of the family.

B. Camp Counselor

Post-secondary students, youth workers, and teachers may apply for J-1 visa to work as camp counselors and share their cultural perspective with our youth.

C. Interns and Trainees

Internship and trainee programs are for foreign students or recent graduates to come to the United States to gain exposure to U.S. culture and receive hands-on experience in U.S. business practices in their particular field.

D. Summer work and travel

College students travel to the United States during their summer break periods to share their culture through temporary work and travel opportunities.

E. Teachers

Foreign teachers may apply for J-1 visas to teach at accredited primary and secondary schools in the United States.

F. Professors and Research Scholars

Professors and research scholars come to the United States to lecture, consult, and perform research at various research institution, post-secondary accredited academic institutions or similar types of institutions.

G. College and University Students

Foreign students may also apply for J-1 visas to study at U.S. colleges and universities, or participate in internship programs that provide them with training needed to complete the educational requirements at their home countries.

H. Foreign Medical Graduates

Foreign medical graduates and physicians may participate in U.S. graduate medical education and training programs at accredited U.S. medical schools. // Some J-1 applicants may become subject to a mandatory two year home residence requirement. This requirement applies to all foreign medical graduates, as well as to applicants whose programs were funded either completely or partially with U.S. or home country government funding, or are nationals or permanent residents of a country which has determined the field of specialized knowledge or skill to be necessary to the development of the country. The specific fields, as applicable to different nationalities, are displayed in the U.S. Department of State’s Exchange Visitor Skills List. J-1 visa holders who are subject to the two year home residence requirement are not allowed to change their status to H-1B or L-1 visa categories, obtain U.S. permanent residence or apply for fiancee visa until they have either fulfilled the required or have obtained a waiver. // The U.S. government may waive the J-1 two year home residence requirement in certain situations:

A. No Objection Statement
J-1 visa holders may obtain an official statement from their home countries, in essence saying that the home country does not object if the foreign national does not return home for two years to share the training he or she has received in the U.S.

B. Persecution
Individuals who fear persecution upon returning to their home countries based on their race, religion, or political opinion may apply for a persecution waiver. It is worth noting, however, that the burden of proof in such cases is higher than even with asylum applications, where applicants need only prove a “reasonable fear” of persecution whereas J-1 waiver applicants must document they would persecuted upon return with near certainty.

C.Exceptional Hardship to Qualifying Relatives
J-1 visa holders who have U.S. citizen or permanent resident spouses or children may apply for a waiver of the two year home residence requirement if returning to their home countries would impose exceptional hardship on the relatives.

D.Interested Government Agency or State Public Health Department
J-1 foreign medical graduate who have committed to work for full three years at a health care facility in an area that has been designated as having a shortage of doctors or at an interested federal government agency such as the Department of Veterans affairs may also be granted a waiver of the two year home residence requirement.

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