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Business/Employment Based Petitions
The Immigration and Naturalization Service recognizes the
importance of workers from nations outside of the United States.
Therefore, there exists several opportunities for people to
enter and remain in the United States based upon employment.
Teplen & Associates,
PLLC can help you with your immigration needs whether
you need to extend a visa which is expiring, obtain a new
visa, or if you wish to pursue permanent residence based upon
your current or future employment.
For those people who wish to enter the United States, or
to extend their stay in the United States, for purposes of
employment there are several opportunities available for a
temporary or permanent stay
in the United States. Employment based petitions, with few
exceptions, require that an application be filed by a United
States employer on behalf of the foreign worker.
Temporary
Employment Based Petitions
There are several categories available for those people who
wish to work in the United State on a temporary basis. Though
these categories are classified as temporary, should you wish
to extend your stay or remain in the United States permanently,
it is possible to change from a temporary to a permanent
category. Temporary categories for employment based petitions
are as follows:
| |
Visa |
Description |
Time Limit\
Extensions |
| 1) |
A-1 |
Ambassador, public minister, diplomatic or consular
officer, and members of immediate family. |
Duration of Status |
| 2) |
A-2 |
Other foreign government official or employee and members
of immediate family. |
Duration of Status |
| 3) |
A-3 |
Attendant, servant or personal employee of A-1/A-2 classes,
and members of immediate family. |
Duration of Status |
| 4) |
B-1 |
Temporary visitor for business. |
Thirty days initially,
6 month extensions. |
| 5) |
E-1 |
Treaty trader, spouse and children.
|
2 years initially,
2 years extensions. |
| 6) |
E-2 |
Treaty Investor, spouse and children. |
2 years initially,
2 years extensions. |
| 7) |
G |
Representative of recognized foreign government, of
an international organization, staff and members of immediate
family. |
Duration of Status |
| 8) |
H-1B1 |
Person in specialty occupation and
members of their immediate family. |
3 years initially, up to 3 years extension, 6 years
total (Additional extensions possible with pending immigrant
petition). |
| 9) |
H-1C |
Registered nurse. |
3 years total, no extensions. |
| 10) |
H-2B |
Temporary worker performing services unavailable in
the United States. |
1 year initially, 1 year extension, 3 years total. |
| 11) |
I |
Representative of foreign media, spouse and children. |
Varies |
| 12) |
L |
Executive, managerial and specialized personnel transferring
to United States to continue employment with international
business entity, and members of their immediate family. |
3 years initially, 2 years extensions. |
| 13) |
O |
Persons of extraordinary ability in
sciences, arts, education, business, or athletics. Members
of their immediate family. |
3 years initially, 1 year extensions. |
| 14) |
P |
Athlete or entertainer. Members of their immediate family. |
Varies |
| 15) |
R |
Person in religious occupation. Members of their immediate
family. |
3 years initially, 2 years extension, 5 years total. |
| 16) |
TN |
TN NAFTA worker, subject to occupation list based on
individual treaties with Canada and Mexico. |
1 year initially, 1 year extensions. |
Most temporary employment-based applications can be expedited
through Premium Processing. Through this process a person
who wishes to enter the United States for purposes of employment
may have an application approved in a matter of weeks as opposed
to months.
Permanent Employment
Based Petitions
Permanent employment based petitions, i.e. petitions to become
a permanent resident (green card holder) based on employment,
are divided into five different categories.
| 1) |
First Preference: Workers including
persons of extraordinary ability, outstanding professors
and researchers, and multinational executives and researchers. |
| 2) |
Second Preference: Members of
professions holding advanced degrees or persons of exceptional
ability, |
| 3) |
Third Preference: Skilled workers,
professionals, and other workers. |
| 4) |
Fourth Preference: Special workers
such as religious workers, Panama Canal Treaty workers,
and other workers. |
| 5) |
Fifth Preference: Investors
who invest in the United States and create jobs for American
workers. |
United States Citizenship
Should you desire, five years after you obtain status as
a Permanent Resident based upon an employment
based petition, or three years after you obtain permanent
residence based upon a family
based petition, you will be eligible to apply for naturalization
and become a citizen of the United States.
Each category, whether temporary or permanent,
requires a complex and often times labor intensive application
process. The experienced professionals of Teplen
& Associates, PLLC can guide you through this process
and find the right category that suits your needs.
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| Duration of Status: |
So long as you continue with the work or
program with which your visa is associated, you will remain
in lawful status until the expiration date on your visa. |
| Treaty Trader: |
As a non-immigrant class of admission, an alien coming
to the United States, under the provisions of a treaty
of commerce and navigation between the United States and
the foreign state of such alien, to carry on substantial
trade. |
| Treaty Investor: |
As a non-immigrant class of admission, an alien coming
to the United States, under the provisions of a treaty
of commerce and navigation between the United States and
the foreign state of such alien, to direct the operations
of an enterprise in which he/she has invested a substantial
amount of capital. |
| Specialty Occupation: |
An occupation in which the minimum requirements to perform
the duties of the position include that the employee holds
at least a bachelors degree or its equivalent. |
| Extraordinary Ability: |
A person who, as demonstrated by several factors including
the recognition of their peers and international recognition
in the form of awards and prizes, has risen to the top
of their respective field of employment. |
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