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Employment-Based Permanent Residence and Temporary Work Visas

Our firm assists with both employment-based permanent residence (green cards) and a wide range of temporary (nonimmigrant) work visas.

Employment-Based Permanent Residence

EB-1: Extraordinary Ability, Outstanding Professors/Researchers, and Multinational Managers/Executives

EB-1 is for:

  • Individuals with extraordinary ability in the sciences, arts, education, business, or athletics
  • Outstanding professors or researchers
  • Certain multinational managers and executives

The EB-1 extraordinary ability subcategory does not require a U.S. employer sponsor; qualified individuals may self-petition.

EB-2: Advanced Degree, Exceptional Ability, and National Interest Waiver (NIW)

EB-2 is generally for:

  • Professionals with advanced degrees (or the equivalent)
  • Individuals with exceptional ability in the sciences, arts, or business

Most EB-2 cases require:

  • A permanent job offer from a U.S. employer, and
  • A PERM labor certification approved by the U.S. Department of Labor

With an EB-2 National Interest Waiver, applicants may request that the job offer and PERM requirements be waived if their proposed work is in the national interest of the United States.

EB-3: Professionals, Skilled Workers, and Other Workers

EB-3 covers:

  • Professionals (typically requiring at least a bachelor’s degree)
  • Skilled workers (requiring at least two years of training or experience)
  • Other workers (unskilled positions requiring less than two years of experience)

EB-3 generally requires:

  • A permanent job offer from a U.S. employer, and
  • An approved PERM labor certification

EB-4: Special Immigrants

EB-4 is for certain special immigrant groups, including:

  • Religious workers
  • Certain employees or former employees of international organizations
  • Certain U.S. government employees abroad
  • Other specific categories defined by statute

EB-5: Immigrant Investors

EB-5 is for investors who make a qualifying investment in a U.S. business that meets capital and job-creation requirements. For more information, please see our Investment-Based Immigration section.

Nonimmigrant Visas for Temporary Employment

In addition to permanent residence options, our office handles a variety of temporary work visas.

H-1B (Specialty Occupation Workers)

H-1B is for foreign nationals working in a specialty occupation that generally requires at least a bachelor’s degree or its equivalent in a specific field.

Key points:

  • A U.S. employer must sponsor the worker and file the H-1B petition.
  • The employer must first obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor, confirming:
    • Payment of at least the required (prevailing or actual) wage, and
    • Provision of appropriate working conditions.
  • Spouses and unmarried children under 21 may accompany the worker in H-4 status.
  • H-1B workers may pursue permanent residence through family- or employment-based processes (such as PERM), if eligible.

L-1 (Intracompany Transferees)

L-1 visas are for employees of multinational companies transferring from a qualifying foreign entity to a related U.S. entity.

L-1A: Managers and executives

  • The employee must have worked abroad for a qualifying organization for at least one continuous year within the three years before admission.
  • The prior role must have been managerial or executive, and the U.S. role must also be managerial or executive.

L-1B: Specialized knowledge workers

  • The employee must have at least one continuous year of qualifying employment abroad within the past three years.
  • The role requires specialized knowledge of the company’s products, services, research, systems, processes, or procedures.
  • May be used for sending a specialized knowledge employee to help establish a new U.S. office.

Additional L-1 features:

  • Continued qualifying employment may support eligibility for an EB-1 multinational manager/executive green card (for L-1A).
  • Spouses and unmarried children under 21 may accompany in L-2 status; L-2 spouses may be eligible for work authorization.
  • L-1A and L-1B have different maximum periods of stay and specific employer/employee requirements.

O-1 (Individuals with Extraordinary Ability or Achievement)

O-1 is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievement in motion picture or television.

To qualify, applicants must show sustained national or international acclaim, typically by:

  • Receiving a major internationally recognized award, or
  • Meeting at least three regulatory criteria (for example: major awards, published material about the work, authorship of scholarly articles, leading or critical roles, high salary, and others).

An O-1 petition generally requires an advisory opinion from a relevant peer group, labor organization, or expert.

Related classifications:

  • O-2: Certain essential support personnel
  • O-3: Spouses and unmarried children under 21 of O-1 or O-2 holders

O-1 status is generally granted for up to three years at a time, with possible one-year extensions for ongoing activities.

P-1 (Internationally Recognized Athletes and Entertainers)

P-1 is for athletes and entertainment groups with an international reputation for excellence.

  • P-1A: Individual athletes or teams coming to compete in events of international recognition
  • P-1B: Entertainment groups that:
    • Are internationally recognized as outstanding,
    • Have been established for at least one year, and
    • Have at least 75% of members who have been part of the group for at least one year

Essential support personnel may also qualify. P petitions generally require a U.S. sponsor and an advisory opinion from a relevant labor organization. Status is typically granted for the duration of the competition, event, or performance.

R-1 (Religious Workers)

R-1 visas are for religious workers coming to the United States to work for a bona fide nonprofit religious organization in a religious capacity.

Key requirements:

  • The worker must be coming to work at least part-time (an average of at least 20 hours per week).
  • The position must be as a minister or in a religious vocation or occupation (not purely administrative or support).
  • The sponsoring organization must be recognized as tax-exempt.
  • The worker must have been a member of the same religious denomination as the petitioning organization for at least two years immediately before filing.

R-1 status is initially granted for up to 30 months, with possible extension for another 30 months, for a maximum total of five years.

Our firm helps clients assess the best combination of temporary and permanent employment-based options and provides guidance through each step of the process, from initial strategy and petition filing to final approval.

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