Employment based immigration for temporary (non-immigrant) workers

Our Charlotte based immigration law firm assists individuals and families in the Charlotte area with various immigration matters. Assistance with employment based immigration or employment based immigrant visa is one of the many immigration services we offer. There are several types of visa classifications for temporary workers employment based immigration:

• H-1B (Specialty Workers)
• L-1A & L-1B (Executive/Manager; Specialized Knowledge)
• E-1, E-2
• O-1, O-2 (Extraordinary Ability)
• P-1 (Individual and team athletes)
• P-2, P-3 (Artist/Entertainers)

The L-1A non-immigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

The L-1B non-immigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.

The E1 and E2 non-immigrant visa categories are comprised of treaty traders and treaty investors entitled to be in the United States under a bilateral treaty of commerce and navigation between the United States and the country of which the treaty trader or investor is a citizen or national.

• The purpose of a treaty trader is to carry on substantial trade in goods, services and technology, principally between the United States and the foreign country of which s/he is a citizen or national.
• The purpose of a treaty investor is to direct the operations of an enterprise in which s/he has invested, or is actively investing, a substantial amount of capital in the United States.

Spouses and unmarried children under the age of 21 of an E1 or E2 nonimmigrant may be granted the same status to accompany the E1 or E2.

Employment-based immigration for immigrant workers (Legal Permanent Residents)

For immigrant workers, there are also several types of employment based immigration visa classifications. They include:

• EB1 (extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.)
• EB2 (member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability)
• EB3
• Schedule A (Exempt from labor certification)
• EB5 (Employment Creation / Investor)

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

• “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
• “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
• The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Entrepreneurs (and their spouses and unmarried children under 21) who make an investment in a commercial enterprise in the United States and who plan to create or preserve ten permanent full time jobs for qualified United States workers, are eligible to apply for a green card (permanent residence).

You must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area).

For all your employment based immigration needs, contact our Charlotte immigration law office today at (704) 644-7065 to setup a consultation.