The O visa is for individuals with extraordinary ability or achievement in sciences, arts, education, business, or athletics to work in the United States.

Categories:

• O-1A: Individuals with extraordinary ability in sciences, education, business, or athletics. Examples of those who are eligible for this visa include, but are not limited to: Business executives, professors with pioneering publications, researchers with patents, or athletes with significant accomplishments, or others.

• O-1B: Individuals with extraordinary ability in the arts, including television and motion pictures. Any field of creative activity or endeavor qualifies, such as, fine arts, culinary arts, visual arts, and performing arts. Examples of those who are eligible for this visa include, but are not limited to: Painters, Directors, Actors, Makeup Artists, Hairstylist, Architects, Writers, Designers, Producers, Singers, Animators, Coaches, Special Effects Artists, Mural Artists, Tattoo Artists, Photographers, Chefs, etc.

Eligibility:

• Must demonstrate extraordinary ability through sustained national or international acclaim.
• Must be coming to the United States to continue work in the area of extraordinary ability.

Requirements:

• Evidence of extraordinary ability, such as awards, publications, media coverage, and testimonials.
• Employment contract, agreement, or other evidence of work in the field.

Duration: Initial stay of up to three years, with the possibility of indefinite extensions.

Application Process: Requires filing Form I-129 with USCIS, along with extensive supporting documentation proving eligibility and compliance with visa requirements. O visa is eligible for Premium Processing and can be adjudicated within 15 calendar days.

As former USCIS adjudicators of O visas, we have an in-depth experience how to prepare a strong O visa case. If you have any questions, please complete our online inquiry form or schedule a consultation.

The P visa is designed for athletes, entertainers, and artists coming to the US to perform, teach, or participate in cultural exchange programs.

Categories: There are several subcategories:

• P-1: Internationally recognized athletes and entertainment groups.
• P-2: Artists and entertainers involved in reciprocal exchange programs.
• P-3: Culturally unique artists and entertainers participating in culturally unique programs.

Eligibility:

• Individuals or groups must be internationally recognized for their achievements in their field.
• Must have an employer, a sponsor or agent to file a petition on their behalf.

Requirements:

• Provide evidence of international recognition, such as awards, nominations, critical reviews, or other evidence.
• Show a sustained and substantial career in their field.
• Submit detailed itineraries, contracts, and supporting documentation to demonstrate the nature of the event or program.

Duration: Initial stay varies depending on the subcategory and can be extended as necessary to complete the event, performance, or program. Initial stay for individual athletes can be up to 5 years. For artists and entertainment groups – for the duration of their contract or tour, up to 1 year, with possibilities of extension.

Application Process: Requires filing Form I-129 with USCIS, along with supporting evidence and documentation demonstrating eligibility and compliance with visa requirements. P visa is eligible for Premium processing and can be adjudicated within 15 calendar days.

As former USCIS adjudicators of P visas, we have an in-depth experience how to prepare a strong P visa case. If you have any questions, please complete our online inquiry form or schedule a consultation.

The E-2 visa is for investors of treaty countries and employees of treaty countries seeking to start or manage a business in the United States.

Eligibility:

• Applicant must be a national of a treaty country with the United States.
• Must have invested or be in the process of investing a substantial amount of capital in a bona fide enterprise in the US.

Investment Requirement:

• The investment must be substantial, with no set minimum, but generally significant enough to ensure the success of the enterprise.
• Funds must be at risk and committed to the business.

Business Management:

• Investor must have a more than 50% interest in the enterprise.
• Must be actively involved in the management or operation of the business.

Duration: Initially granted for up to two years, with extensions available as long as the business remains operational and meets E-2 visa requirements.

Application Process: Requires filing Form DS-160 and attending an interview at a US embassy or consulate, along with providing extensive documentation proving investment and business viability. Alternatively, if already in the US, applicants can file Form I-129 with USCIS, along with supporting evidence and documentation demonstrating eligibility and compliance with visa requirements. E visa is eligible for Premium processing and can be adjudicated within 15 calendar days.

To determine if you qualify for E-2, please contact our firm today. Our experienced immigration attorneys are ready to help you navigate the application process and ensure you meet all eligibility requirements.

Treaty countries:

The L visa is designed for multinational companies to transfer employees from foreign offices to the United States.

Categories:
L-1A: For executives or managers transferring to manage an organization or major function within the company. Examples of those who are eligible for this visa include, but are not limited to:

• CEO of a corporation transferring to oversee a new division in the United States.
• Vice President of Operations relocating to manage the US branch.
• Regional Manager moving to direct the expansion of business operations in the United States.
• Director of Marketing transferred to implement strategies for the US market.
• Manager of Technology relocating to lead a team in developing new products for the US market.

L-1B: For employees with specialized knowledge essential to the company's operations. Examples of those who are eligible for this visa include, but are not limited to:

• Software Engineer with specialized knowledge of proprietary systems transferring to provide technical support to a US branch.
• Research Scientist with expertise in specific laboratory techniques relocating to conduct research at a US facility.
• Financial Analyst with specialized knowledge of international markets moving to support financial operations of a US subsidiary.
• Marketing Specialist with unique knowledge of consumer preferences in foreign markets transferring to develop marketing campaigns for US operations.
• Engineer with specialized knowledge of manufacturing processes relocating to improve efficiency at a US production facility.

Eligibility:

• Must have been employed by the overseas company for at least one continuous year within the past three years.
• Position in the US must be in an executive, managerial, or specialized knowledge role.

Company Requirements:

• Must have a qualifying relationship with the US company, such as parent, subsidiary, branch, or affiliate.
• Both companies (US and foreign) must continue to conduct business during the employee's stay in the United States.

Duration: L-1A visa holders can stay initially for one year if establishing a new office, or three years otherwise. Extensions are granted in increments of up to 2 years. Maximum stay is limited to seven years for L-1A and for up to five years for L-1B visas.

Application Process: Requires filing Form I-129 with USCIS, along with extensive documentation proving the employee's eligibility, the relationship between the US and foreign company, and compliance with visa requirements. L visa is eligible for Premium processing and can be adjudicated within 15 calendar days.

To determine if you qualify for L visa, please contact our firm today. Our experienced immigration attorneys are ready to help you navigate the application process and ensure you meet all eligibility requirements.

The H-1B visa is for specialty occupation workers coming to the United States to perform services in a specialty occupation.

Eligibility:

• Requires a job offer from a US employer for a position that requires a specialized degree or its equivalent.
• Applicant must possess at least a bachelor's degree or equivalent in a specific field related to the position.

Specialty Occupation:
Position must meet one of the following criteria:

• Theoretical and practical application of a body of highly specialized knowledge.
• Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum requirement for entry into the occupation.

Duration: Initially granted for up to three years, with extensions possible for a total stay of six years.

H-1B Cap: The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization, are not subject to this numerical cap.

Application Process: Requires filing Form I-129 with USCIS by the sponsoring employer, along with supporting evidence such as educational credentials, job description, and proof of employer-employee relationship. H-1B visa is eligible for Premium processing and can be adjudicated within 15 calendar days.

To determine if you qualify for H-1B, please contact our firm today. Our experienced immigration attorneys are ready to help you navigate the application process and ensure you meet all eligibility requirements

The EB-1 visa is for priority workers who are internationally recognized for their extraordinary ability, outstanding professors or researchers, or multinational executives and managers.

Categories:

• EB-1A: Individuals with extraordinary ability in sciences, arts, education, business, or athletics.
• EB-1B: Outstanding professors and researchers.
• EB-1C: Multinational executives and managers.

Criteria:
EB-1A:
Applicant must:

• Show evidence that they will be continuing to work in the area of their expertise. No offer of employment or labor certification is required.
• Provide evidence of a one-time achievement (major internationally-recognized award) or meet at least 3 of the 10 criteria:

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
2. Evidence of your membership in associations in the field which demand outstanding achievement of their members
3. Evidence of published material about you in professional or major trade publications or other major media
4. Evidence that you have been asked to judge the work of others, either individually or on a panel
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
7. Evidence that your work has been displayed at artistic exhibitions or showcases
8. Evidence of your performance of a leading or critical role in distinguished organizations
9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
10. Evidence of your commercial successes in the performing arts

EB-1B:
Applicants must:

• Provide an offer of employment from the prospective U.S. employer. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers. No labor certification is required.
• Meet at least 2 of the 6 criteria:

1. Evidence of receipt of major prizes or awards for outstanding achievement
2. Evidence of membership in associations that require their members to demonstrate outstanding achievement
3. Evidence of published material in professional publications written by others about the noncitizen's work in the academic field
4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
5. Evidence of original scientific or scholarly research contributions in the field
6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

EB-1C:
Must meet specific criteria:

• Applicant’s petitioning employer must be a U.S. employer and intend to employ Applicant in a managerial or executive capacity.
• The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed Applicant abroad in a managerial or executive capacity. No labor certification is required.

Requirements:

• Extensive documentation proving extraordinary ability, outstanding research, or executive/managerial role.
• For EB-1A and EB-1B, evidence may include awards, publications, membership in associations, and significant contributions to the field.
• For EB-1C, evidence of qualifying relationship between US and foreign entity, and proof of managerial/executive capacity.

Duration: Initial permanent residency (Green Card) status granted upon approval.

Application Process:

• EB-1A: Applicant may apply for themselves by filing a Form I-140.
• EB-1B and EB-1C: Applicant’s U.S. employer must file a Form I-140. As part of the application process, Applicant’s employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date.

EB-1 visa is eligible for Premium processing and can be adjudicated within 15 calendar days.

To determine if you qualify for EB-1, please contact our firm today. Our experienced immigration attorneys are ready to help you navigate the application process and ensure you meet all eligibility requirements.

The EB-2 visa is for professionals with advanced degrees or individuals with exceptional ability in sciences, arts, or business.

Eligibility:
Advanced Degree: Requires a US master's degree or higher (or foreign equivalent) in a specific field related to the job.
Exceptional Ability: Must demonstrate exceptional ability in sciences, arts, or business through extensive documentation. Must meet at least three out of six criteria:

1. Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
2. Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
3. A license to practice your profession or certification for your profession or occupation
4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
5. Membership in a professional association(s)
6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

Requirements:

• Labor Certification: Requires a job offer and labor certification approved by the Department of Labor, or
• National Interest Waiver (NIW): Allows EB-2 Applicants to self-petition without a job offer or labor certification if their work is in the national interest of the United States.

Duration: Initial permanent residency (Green Card) status granted upon approval.

Application Process: Requires filing Form I-140 with USCIS, along with supporting documentation proving eligibility and compliance with visa requirements. EB-2 visa is eligible for Premium processing and can be adjudicated within 15 calendar days.

To determine if you qualify for EB-2, please contact our firm today. Our experienced immigration attorneys are ready to help you navigate the application process and ensure you meet all eligibility requirements.

The EB-3 visa is for individuals falling under the classifications of Skilled Workers, Professionals Holding Baccalaureate Degrees, and Other Workers.

Eligibility:
Professionals:

• Jobs requiring at least a U.S. baccalaureate or foreign equivalent degree that a baccalaureate degree is the normal requirement for entry into the occupation.
• Must be performing work for which qualified workers are not available in the United States.
• Education and experience may not be substituted for a baccalaureate degree.
• Must meet any other requirements specified on the labor certification.

Skilled Workers:

• Jobs requiring a minimum of 2 years of training or experience.
• Relevant post-secondary education may be considered as training.
• Must be performing work for which qualified workers are not available in the United States.

Other Workers:

• Jobs requiring less than 2 years of training or experience to perform unskilled labor.
• Not of a temporary or seasonal nature.
• Must be performing work for which qualified workers are not available in the United States.
• Must meet any other requirements specified on the labor certification.

Requirements:

• Labor certification
• Permanent, full-time job offer

Application Process: The prospective employer must file an approved I-140 petition. As part of the application process, Applicant’s employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. EB-3 visa is eligible for Premium processing and can be adjudicated within 15 calendar days.

To determine if you qualify for EB-3, please contact our firm today. Our experienced immigration attorneys are ready to help you navigate the application process and ensure you meet all eligibility requirements.

The EB-4 visa is for special immigrants. The following special immigrants are eligible for the fourth preference visa:

Eligibility:

• Religious Workers:
• Special Immigrant Juveniles:
• Certain Broadcasters:
• G-4 International Organization or NATO-6 Employees and their Family Members:
• Other Specific Categories:
• Includes armed forces members, Panama Canal Zone employees, physicians, and more.

Requirements:

• Each applicant must meet the specific criteria outlined for their subcategory.
• Must have an approved I-360 petition filed on their behalf, either by themselves or by their employer/sponsor, depending on the category.

Application Process: Certain employment-based fourth preference subcategories require an employer to file Form I-360. Some categories do not require a Form I-360. Please contact out firm to determine what application process is right for you.

To determine if you qualify for EB-4, please contact our firm today. Our experienced immigration attorneys are ready to help you navigate the application process and ensure you meet all eligibility requirements.

This category is for foreign investors who are willing to invest a substantial amount of capital into a new commercial enterprise in the United States, creating jobs for U.S. workers.

Eligibility:
Direct Investment:

• Investors who directly invest in and manage the new commercial enterprise.
• Involves active participation in the day-to-day management or policy formation.

Regional Center Program:

• Investors who invest through designated regional centers, which are economic units, public or private, that promote economic growth.
• Regional centers can use indirect job creation to meet the employment requirement.

Requirements:

• Must invest a minimum of $1,050,000 in a new commercial enterprise, or $800,000 in a targeted employment area, either a high-unemployment or rural area.
• The investment must lead to the creation or preservation of at least 10 full-time jobs for qualifying U.S. workers.

Application Process:

• File Form I-526, Immigrant Petition by Alien Investor, demonstrating the investment and job creation requirements are met.
• Upon approval of Form I-526, file Form I-485, Application to Register Permanent Residence or Adjust Status, if in the U.S., or go through consular processing if outside the U.S.
• Conditional permanent residence is granted for two years; file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period before the second anniversary of obtaining conditional residence to prove that the investment criteria were met and the jobs were created or maintained.

EB-5 is a complex process. To determine if you qualify for EB-5, please contact our firm today. Our experienced immigration attorneys are ready to help you navigate the application process and ensure you meet all eligibility requirements.