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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 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 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.
Definitions |
| 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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