Business Immigration Visas to the United States

Blog Written By:  Coleman Jackson, Esq. | www.cjacksonlaw.com | 214-599-0431 and Spanish 214-599-0432

Aug 01, 2013

In one of our earlier blogs this year, we wrote to you about Immigration to the United States  in a general fashion.  We talked about the different types of immigration visas available for foreign nationals to lawfully enter into the United States. In this blog, we will endeavor to provide certain specifics about the Business Immigration Visas – which provides opportunities for foreign nationals to lawfully come and reside in the U.S. for work or employment or investment purposes.

A foreign national may apply for a business immigration visa to work in U.S. and get lawful admittance into the United States, either temporarily or permanently. There are several visas available for business immigration, investment and work purposes.  These business visas are divided into five (5) main categories and probably ranked in order of importance of need with respect to the United States overall economy and benefit of American employers. 

An immigrant can file a self petition for a business visa in which (s)he has to meet certain compulsory criteria for extraordinary ability in a particular field, or the entry is in the U.S. national interest, or in second condition the immigrant is normally sponsored by a U.S. employer based on a demonstrated need.

For business immigration, the Department of Labor (DOL) certification is very important to ensure that foreign workers are well qualified, able or willing to take the position offered to the immigrant, and by hiring the foreigner it is not having a negative impact on general working conditions and wages of U.S. workers.

Failure to follow DOL requirements or failure to file proper Department of Homeland Security (DHS) forms with pertinent supporting documentation could result in long delays or denials of the business visa.  In many cases immigrants or their prospective employer hire a professional and experienced Business Immigration Attorney  to help them navigate their way through the various options, ensure that proper labor certifications requirements are complied with and that all required immigration forms are filed with all the supporting documentation.

The Five Major Categories - United States Business Immigration Visas:

Employment 1st Preference (E1) Visa: Priority Workers

Under current law, First Preference Applicants receive 28.6% of the yearly limit allotted for employment based immigration visas. DOL labor certification is not required for the E1 immigration visa.  The priority work applicant must be the beneficiary of an approved immigrant visa petition for foreign worker or Form I-140 filled with USCIS.

The First Preference Visa (E1) is divided into three sub-groups:

Persons with extraordinary ability: This includes applicants with outstanding ability in the sciences, arts, education, business, or athletics. Applicants must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers; once they enter in the U.S. they can file their own immigrant petition for Alien Worker or Form I-140 with the USCIS.

Outstanding professors and researchers:  The foreign national must show that (s)he (i) has international recognition in specific academic area, (ii) has at least three years of experience in teaching or research, (iii) will be filling a tenure or tenure track teaching position or a comparable research position at an institution of higher education. 

Multinational managers or executives: This includes multinational managers or executives who worked for a foreign affiliated company of a U.S. company that has been in business for at least one year or transferring to the U.S. affiliated company to fill a position that is executive or managerial in nature. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS on behalf of the manager or executive.

Employment 2nd Preference (E2) Visa: Professionals holding advanced degrees and persons of exceptional ability

Under current law, Second Preference Applicants receive 28.6% of the yearly limit allotted for employment based immigration visas. Professionals holding advanced degrees or individuals with exceptional ability in the arts, sciences, or business are eligible and required a labor certificate approved by the Department of Labor (DOL). A job offer is required, and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification requirements if the exemption would be in the United States national interest.   In case the case of national interest, the alien may file the petition or Form I-140, along with substantiating evidence of the national interest.

There are two sub-groups within The Second Preference Visa (E2) category:

Professionals holding an advanced degree: In this sub group the applicant should have obtained an educational level beyond a baccalaureate degree, or a baccalaureate degree and minimum five years of experience in the specific profession.

Persons with exceptional ability in the arts, sciences, or business: This group includes applicants with exceptional ability, which means having a degree of expertise significantly above that ordinarily encountered within the arts, sciences or business.

Employment 3rd Preference (E3) Visa: Professionals, skilled workers and unskilled workers (other workers)

Under current law, Third Preference Applicants receive 28.6% of the yearly limit allotted for employment based immigration visas. These applicants require an approved I-140 petition filed by an American future employer, labor certification authorized by the Department of Labor (DOL) and a designation or evidence that they qualify for one of the shortage occupations outlined in the labor market information pilot program. Skilled workers and unskilled workers (other workers) may obtain any unused visas from the employment first preference and the second preference sub groups.

There are 3 sub-groups under The Employment Preference 3 (E3) Visa category:

Skilled workers:  Applicants capable of performing a job requiring at least two year training or experience.

Professionals:  Applicants whose jobs require at a minimum the baccalaureate degree from a U.S. College or University or its foreign equivalent degree.

Other workers:  Applicants who are capable of filling positions requiring less than two years training or experience.

Employment 4th Preference (E4) Visa: Certain special immigrants

Under current law, Fourth Preference Applicants receive 7.1% of the yearly limit allotted for employment based immigration visas. These applicants do not require labor certificate and must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government (who must file Form DS-1884). 

The following are Sub-groups in The Employment Preference 4 (E4) category:

1. U.S. Broadcasters employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization.
2. Religious ministers.
3. Certain employees or former employees of the U.S. government abroad must use form DS-1884, petition to classify as special immigrants under INA 203(b)(4) as an employee or former employee of the U.S. government abroad.
4. Certain former employees of the Panama Canal Company or Canal Zone Government.
5. Certain former employees of the U.S. Government in the Panama Canal Zone.
6. Certain former employees of the Panama Canal Company or Canal Zone Government on April 1, 1979.
7. Afghan and Iraqi translators and interpreters who meet the requirements and have worked directly with the United States armed forces or under Chief of Mission authority for a period of at least 12 months. This category is allotted 50 visas annually.
8. Afghan and Iraqi nationals who have given valuable service while employed by or on behalf of the U.S. government in Iraq for not less than 1 year after March 20, 2003 or in Afghanistan for not less than 1 year after October 7, 2001, and have encountered a continuous serious threat as a result of that employment. The provision in U.S. law for Iraqi nationals created 5,000 special immigrant visas each fiscal year (FY) for 5 years, from FY2008 through FY2012, and for Afghan nationals created 1,500 special immigrant visas each fiscal year for 5 years from FY2009 through FY2013.
9. Certain foreign medical graduates (adjustments only).
10. Certain retired international organization employees.
11. Certain unmarried sons and daughters of international organization employees.
12. Certain surviving spouses of deceased International organization employees.
13. Juvenile Court Dependents (no family member derivatives; adjustments only).
14. Persons recruited outside of the United States who served or are enlisted to serve in the U.S. armed forces.
15. Certain retired NATO-6 civilians.
16. Certain unmarried daughters and sons of NATO-6 civilians.
17. Certain surviving spouses of deceased NATO-6 civilian employees.
18. Applicants who are beneficiaries of petitions or labor certification applications filed before September 11, 2001, if the petition or application was rendered void due to a terrorist act on September 11, 2001.
19. Certain religious workers.

Employment 5th Preference (E5) Visa: Immigrant Investors

Under current law, Fifth Preference Applicants receive 7.1% of the yearly allotted limit for employment based immigration visas. Immigrants in this category must satisfy DOL labor certificate requirements, and all applicants must file Form I-526 and supporting documents with USCIS. To qualify, an alien must invest between $500,000 and $1,000,000 (U.S. Dollars) (depending on the employment rate in the geographical area) in a commercial enterprise in the United States which creates at least 10 new full time jobs hiring U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.

Much more could be said regarding the employment based immigration process and various other options, but for now we will stop with this brief overview.  You should contact an immigration lawyer to discuss your specific concerns.  Follow our blogs for continuing coverage of developments in U.S. Immigration Laws and Procedures.

For Inquiries Contact:

COLEMAN JACKSON, P.C.

Professional Legal Services Corporation           

Immigration & Tax Law Firm

6060 North Central Expressway

Suite 443

Dallas, Texas 75206.

Office Phone:  (214) 599-0431 (English) or (214) 599 0432 (Spanish) | Email:  cj@cjacksonlaw.com | Firm Site:  www.cjacksonlaw.com