Employer & Skill-Based Visas

Employment Immigration Lawyer in Charleston, SC

Employer and skill-based visas offer some of the most regulated and complicated visas offered by the USCIS. These visas are steeped in rules, requirements, and exceptions. Pitfalls abound, and these visas are ripe for errors in application preparation, which can lead to denial or numerous Requests for Evidence (RFEs). Our mantra, "With immigration, nothing is as simple as it first appears℠," has more meaning with these visas than with any other type.

E-Verify is an employment eligibility verification process for employers who hire out workers from foreign countries as well as for employers who directly hire foreign workers. Also, it has been expanded to require U.S. companies to verify that their workers are legal for U.S. employment. The program is an internet-based system run by the U.S. Department of Homeland Security (DHS).

• E-Verify, Employment Eligibility Verification
• I-9 U.S. Corporate Audits

Some of these visas are of the shortest of periods and very limited in nature and scope;

• Alien Permanent Resident Commuters
• Asian Pacific Economic Cooperation
• B-1 Visa, Temporary Business Visitor
• C-1/D Visa, Transit & Crew Members
• C-2 Visa, Diplomatic Foreign Traveler in Transit to the United Nations
• D-1 Visa, Land Privileges for Crew Members Departing on the Same Vessel or Aircraft
• D-2 Visa, Landed Privileges for Crew Members On Fishing Vessels Landing in Guam
• I Visa, Members of the Foreign Media, Press, and Radio

Other types of visas are designed for business with treaty participants;

• E-1 Visa, Treaty Traders
• E-2 Visa, Treaty Investors

The majority of the business visas are categorized for individuals based upon their notoriety, education, and work experience level, making them eligible for permanent residency on a preference system.

• Foreign Country Limits on Chargeability
• Visa Priority Date Retrogression
• Permanent Residency Via Employment
• Employment Preferences, Priority Dates, and Waiting Periods
• EB-1 Visa, Persons of Extraordinary Ability, Permanent Residency (Green Card)
• EB-2 Visa, Professionals Holding Advanced Degrees or Those with Exceptional Ability, Permanent Residency (Green Card)
• EB-2 NIW Visa, National Interest Waiver, Permanent Residency (Green Card)
• EB-3 Visa, Professional Degree, Skilled or Unskilled Persons, Permanent Residency (Green Card)
• EB-4 Visa, Certain Special Immigrants, Religious & Others, Permanent Residency (Green Card)
• EB-5 Visa, Certain Foreign Investors, Permanent Residency (Green Card)
• EB-5 Visa, the Regional Center (Pilot) Program

Similarly, a significant majority of business visas are reserved for those foreigners entering on a temporary basis. During every fiscal year, starting on October 1st, the U.S. immigration system allows a limited number of temporary employment visas. They are issued in chronological order in which the petitions were filed until the annual limit is reached in each group. These visas cover a wide range of programs;

• Employer Sanctions
• Dual Intent Doctrine
• (PERM) Program Electronic Review Management
• (NOIR) Notice of Intent to Revoke
• Portability
• Premium Processing
• Labor Certification
• iCert Portal User Guide for Office of Foreign Labor Certification, U.S. Department of Labor
• Labor Condition Application & Approval
• H-1B Visa, Specialty Occupations
• H-2A Visa, Agricultural Workers
• H-2B Visa, Temporary, Seasonal Workers
• H-3 Visa, Foreign Trainees or Special Education Exchange Visitors
• H-4 Visa, Spouses & Children of H-1, H-2, and H-3 Visa Holders
• H-1C Visa, Registered Nurses in Health Professional Shortage Area
• (TWIC) Transportation Worker Identification Cards

In addition, many companies desire to shift employees from abroad to the U.S. and utilize the following types of visas:

• L-1 Visa, Intracompany Blanket Petition Program
• L-1A Visa, Intracompany Executive & Manager Transfers
• L-1B Visa, Intracompany Specialty Knowledge Employee Transfer
• L-2 Visa, Spouse & Children of L-1A and L-1B Visa Holders

Finally, specific visas exist for persons of unique talents in select areas. The goal is to permit foreigners to access athletics, business, education, the sciences, the arts & entertainment, and religion.

• O-1A Visa, Extraordinary Ability in Athletics, Business, Education & Sciences
• O-1B Visa, Extraordinary Ability in Arts, Motion Pictures & Television Industry
• O-2 Visa, Essential Support Personnel of O-1A and O-1B Visa Holders
• O-3 Visa, Spouse & Children of O-1A, O-1B, and O-2 Visa Holders
• P-1A Visa, Internationally Recognized Athletics
• P-1B Visa, Entertainers & Artists of Internationally Recognized Entertainment Groups
• P-2 Visa, Artists & Entertainer Reciprocal Exchange Programs
• P-3 Visa, Culturally Unique Programs for Artists & Entertainers
• P-4 Visa, Spouse & Children of P-1A, P-1B, P-2, and P-3 Visa Holders
• R-1 Visa, Religious Workers
• R-2 Visa, Spouse & Children of R-1 Visa Holders
• Visa Screen Credentials Assessment Certificate