Employment Based Immigration


L-1 classifications are conferred upon persons who have been employed by a foreign company in a managerial or executive position, or one involving specialized knowledge. To quality, a person must have worked for the entity abroad for 1 of the last 3 years in an executive, managerial or specialized knowledge capacity and be transferred over to a subsidiary, affiliate or branch office in the United States.

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The H-1B category is a nonimmigrant classification granted by U.S. Citizenship and Immigration Services (USCIS) to persons coming to the United States to work in a specialty occupation. Specialty occupation has been interpreted to mean a professional position or one that requires a minimum of a U.S. bachelor’s degree or equivalent.

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The E-2 visa is available to nationals of certain countries that have entered into certain treaties with the United States [the countries are listed below]. The foreign national needs to have the intention to develop and direct the operations of a commercial enterprise in which he or she has invested, or is actively in the process of investing a substantial amount of capital. At least 50% of the stock of the U.S. Company must be owned by nationals of the treaty country. The investment must be “at risk” and in the possession and control of the employer. The investment cannot be a passive investment such as stock or undeveloped land.

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In order to obtain permanent residence in the United States based on employment, a job offer in a field in which the prospective employee has had experience, education, or both is necessary. After a comprehensive recruitment process by the employer, the case is submitted to the Department of Labor to prove there is a shortage of U.S. workers in a particular occupation and in the geographical location where the prospective employer is located.

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