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(312)578-1230
contact@scottimmigration.com

Employment Immigration

Your Go-To Immigration Resource

Scott Migration Law Group partners with U.S. and multinational corporations to add talents to their teams.

We also help foreign individuals to work in the U.S. and achieve their American dream.

Whether your company is big or small, and whether you need employees on a temporary or permanent basis,

We have the required expertise to assist you.

 

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Employment Based Visa Options

For Specialized Workers

H-1B Visa: Speciality Occupations

An H-1B visa is available to three categories of individuals:

L-1A Visa Intracompany Transfers for Executives or Managers and L-1B Visa Intracompany Transferee Specialized Knowledge

This visa is for U.S. employers who want to transfer an executive or manager from an affiliated foreign office to a U.S. office. Foreign companies can also use the L visa to send an executive or manager to set up a new office in the U.S.

These visas may be issued when an employer files a petition to obtain authorization for qualified employees to be allowed to work and live in the United States: either to transfer an executive or manager from an affiliated foreign office to a U.S. office or to set up a new office in the U.S.

To qualify for the L-1A Intracompany Transferee Executive or Manager, you must:

  • Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding your admission to the United States and
  • Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight; and Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.

To qualify for the L-1B Intracompany Transferee Specialized Knowledge classification, you must:

  • Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States and
  • Be seeking to enter the U.S. to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

O-1 Visa: Individuals with Extraordinary Ability or Achievement

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

R-1 Visa: Temporary Religious Worker

An R-1 is a foreign national who is coming to the United States temporarily to be employed as a minister or in another religious vocation or occupation at least part time (average of at least 20 hours per week) by: a non-profit religious organization in the U.S.; a religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or a non-profit religious organization which is affiliated with a religious denomination in the U.S.. The petitioning organization may be required to have a site inspection by USCIS before their application is approved.

For Employees from Specific Countries

E-3 Visa: Specialty Occupation Professionals from Australia

To qualify for an E-3 visa, you must demonstrate that you: are a national of Australia; have a legitimate offer of employment in the U.S.; possess the necessary academic or other qualifying credentials; you will fill a position that qualifies as a specialty occupation.

TN: NAFTA Professionals

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level.

In order to be eligible for TN nonimmigrant status: you must a citizen of Canada or Mexico; your profession must qualify under the regulations; the position in the U.S. must require a NAFTA professional; you must have a prearranged full-time or part-time job with a U.S. employer (but not self-employment); and you must have the qualifications to practice in the profession in question.

Examples of exchange visitors include, but are not limited to: accountants, engineers, lawyers, pharmacists, scientists, and teachers.

For Interns, Trainees & Exchange Visitors

H-3 Visa: Nonimmigrant Trainee

The H-3 nonimmigrant visa category allows foreign nationals coming temporarily to the U.S. as either a:

  • Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country.
  • Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

J-1 Visa: Exchange Visitors, Interns & Trainees

The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

The Department of State designates public and private entities to act as exchange sponsors. J-1 nonimmigrants are therefore sponsored by an exchange program that is designated as such by the U.S. Department of State.

Examples of exchange visitors include, but are not limited to: Professors or scholars, Research assistants, Students, Trainees, Teachers, Specialists, Au Pairs, Camp counselors.

For Short-Term Business

B-1 Visa: Temporary Business Visitor

You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the U.S., including, but not limited to: Consulting with business associates, Traveling for a scientific, educational, professional or business convention, or a conference on specific dates, Settling an estate, Negotiating a contract, Participating in short-term training, Transiting through the United States: certain persons may transit the United States with a B-1 visa, Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa.

The B-1 visa is under increased scrutiny and requires evidence of intent to return after a short period of time.

Employment Based Green Card Options

EB-1: Priority Workers

  • Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
  • Foreign national who are outstanding professors or researchers
  • Foreign nationals who are managers and executives subject to international transfer to the U.S.

EB-2: Professionals with Advanced Degrees or Persons with exceptional ability

  • Foreign nationals of exceptional ability in the sciences, arts, or business
  • Foreign nationals who are advanced degree professionals
  • Qualified alien physicians who will practice medicine in an underserved area of the U.S.

EB-3: Skilled or Professional Workers

  • Foreign national professionals with bachelor’s degrees (who do not qualify for a higher preference category).
  • Foreign national skilled workers (with at least two years training and experience).
  • Foreign national unskilled workers.

EB-4: Special Immigrants

  • Special Immigrants.
  • Foreign national religious workers.
  • Current and former employees of the U.S. Government abroad.