Work Visa
Multinational Executive / Manager
The EB-1C (Employment-Based Permanent Residency / Green Card, first preference) is for multinational executives or managers.
Qualified Worker / Professional
Labor Certification (PERM): The first step is for the employer to file an application for Labor Certification under the Permanent Labor Certification (PERM) Program. This process ensures that no qualified U.S. workers are willing to fill the offered position. The process includes:
- Recruitment: The employer should make genuine recruitment efforts, advertising the position in media such as newspapers, websites, and professional networks. It should also conduct interviews with candidates and document the process.
- PERM Filing: If no qualified U.S. candidates are found, the appropriate form is filed with the Department of Labor (DOL). This form details the job position, requirements, salary offered, and recruitment efforts made.
- PERM Approval: The Department of Labor reviews the application to make sure it meets the requirements. If everything is in order, it approves the labor certification, which is crucial to continue with the EB-3 visa process.
1. Professionals: must demonstrate that a bachelor’s degree is the normal requirement for entry into the occupation and that the position requires a candidate with at least a bachelor’s degree. Education and experience cannot substitute for a bachelor’s degree.
2. Skilled workers: must be able to demonstrate at least 2 years of work experience or training and that the position requires a candidate with at least 2 years of experience
3. Other workers: Other workers: must be able, at the time the sponsoring employer files the petition, to perform unskilled work (requiring less than 2 years of training or experience), other than of a temporary or seasonal nature, for which skilled workers are not available in the U.S. Unskilled workers are limited to no more than 10,000 visas per year.
Professional Visa
H-1B Visa
The H-1B visa (or “Specialty Occupation” visa) is one of the most popular temporary worker visas used for those in professional or specialty occupations. It allows the visa holder to work in the United States for 3 years with the possibility of an additional 3-year extension, for a total of 6 years.
Intercompany Assignee Visa
The L-1A visa is available to U.S. employers who wish to temporarily transfer managers or executives of foreign companies to a subsidiary or affiliate in the U.S. The employer must demonstrate that the beneficiary has been working for at least one year out of the last three years as an executive or manager of the company and that the employee is coming to the U.S. to continue working in a managerial or executive capacity.
The L-1B visa is available to U.S. employers who wish to transfer a professional employee with specialized knowledge related to the organization’s interests from one of their affiliated foreign offices to one of their U.S. offices.
NAFTA Professional Visa (Canada / Mexico)
The TN visa allows Canadian and Mexican nationals to be admitted to the U.S. to engage in commercial activities in designated fields or categories.
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