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The Immigration and Naturalization Act (INA) allows for employment-based immigrant visas. Eligibility for these visas depends on the person’s background, education, employment history, and type of employment. There are five categories that allow such classification. Some of these categories require a labor certification from the Department of Labor, and some do not. We will discuss four of these categories on this page.
Aliens with Extraordinary Ability INA 203(b)(1)(A): This immigrant visa is available for immigrants with extraordinary ability in the sciences, arts, education, business, or athletics. These individuals must have attained national or international acclaim through extensive documentation. They must seek entry to continue their work in the field of extraordinary ability. Lastly, the entry of these individuals would benefit the United States. Even though the regulations do not require this, documentation of such benefit may be beneficial. These individuals do not need an employer but must intend to continue their work in the United States. INA §204(a)(1); 8 CFR §204.5(h)(5). Congress intended these visas for a small percentage of persons who have risen to the very top of their field of endeavor.
Evidence must include:
Submission of evidence proving three of these categories is not dispositive, and the United States Immigration & Naturalization Services must still make a final determination of eligibility. The burden of proof is on the applicant and must be shown by a preponderance of evidence. Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010).
These immigrants must be recognized internationally as outstanding in a specific academic area. They must stand apart through distinction based on international recognition. The person must have three years of experience in teaching or research in their area. Experience in teaching while attaining a degree might be used if the person attains it.
The individual must seek entry for one of the following reasons:
Under 8 CFR §204.5(i)(2), a full course of study is defined as a body of specialized knowledge offered for study at United States Universities. USCIS would employ the same process mentioned above to determine eligibility. The employer must have the ability to pay the employee.
The immigrant must have been employed abroad for one year (in the last three years) by a firm, corporation, or other legal entity or an affiliate or subsidiary. Affiliates include entities owned and controlled by the same group of individuals in approximately the same percentages. 8 CFR §204.5(j)(2). Subsidiaries can be joint ventures if they have equal control and veto power. The petitioner must show the corporate relationship and that the company will continue to exist after the beneficiary immigrates. The beneficiary must come into the United States to continue working for the same employer. The company must have been doing business in the United States for one year.
This preference category is for members of the professions holding advanced degrees or immigrants with exceptional abilities. The advanced degree must be higher than a bachelor’s degree and could be met by a Bachelor’s Degree and work experience.
The position that the beneficiary would occupy must require an advanced degree ,and the person must possess the qualifications. A professional is defined in INA §101(a)(32). National Interest Waivers are available for people who would enrich the United States. People whose jobs are on Schedule A do not have to test the labor market and do not have a job offer at the time of adjudication of the I-485. Bachelor’s Degree plus five years of experience:
A Bachelor’s Degree with five years of progressive experience is equivalent to a Master's Degree. 8 CFR §204.5(k)(3)(i)(B). Congressional intent shows that a person with this combination has the equivalent of an advanced degree. USCIS policy is that the BA cannot be met by a combination of experience and education, but can be met by a combination of education. The five years of progressive experience must involve more responsibility and knowledge in the field of specialty.
Our qualified work visa lawyer is here to assist you. Call (813) 321-3347 or use our online form to schedule your initial consultation without delay.
Exceptional ability is defined as a degree of expertise significantly above the level ordinarily encountered. Matter of Kim, 12 I&N Dec. 758 (AV 1968).
The applicant must show proof of three of the following:
Comparable evidence might be submitted, including expert opinion letters. 8 CFR §204.5(k)(3)(iii). This includes athletes and entertainers. The two-step process in Kazarian is used to show exceptional ability.
A National Interest waiver is available under INA §203(B)(2)(B). The employer or the applicant can sign the petition. Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). To qualify for the waiver, the beneficiary must submit an ETA-9089 with a statement supporting the waiver claim. 8 CFR §204.5(k)(4)(ii). The waiver is only available for EB-2 petitions. In Dhanasar, the AAO issued new categories for the waiver. Under the ruling, the applicant must show 1) the proposed endeavor has national importance and substantial merit; 2) he or she is well-positioned to advance the endeavor; and 3) it would be beneficial for the United States to waive the labor certification. Dhanasar, at 889 no. 9.
Physicians may qualify for a Physician National Interest Waiver (PNIW). International medical graduates (IMGs) are precluded from entering the United States. However, the ground of inadmissibility does not apply in these situations:
Under INA §203(b)(2)(B)(ii), if the physician is entering the United States under an offer of employment, the physician must obtain a labor certification or a national interest waiver. Some physicians may work in an underserved area to overcome the J-2 two-year requirement. To obtain this benefit, the physician must show 1) he or she must work in a health shortage area or for the VA; 2) a federal or state agency must determine that the employment would be in the national interest; and 3) must work in the area for five years before they become eligible for adjustment of status or immigrant visa. 8 CFR §214.2(a)-(c).
A foreign medical graduate may also apply under the regular labor certification process. 8 CFR §214.2(a)-(c).
This category includes three types of immigrants:
A labor certification is needed for these immigrants. A National Interest Waiver is not available, but some of these occupations may fall under Schedule A.
This category includes several immigrants, including returning residents, persons reacquiring United States citizenship, and religious workers.
Returning residents are those who did not abandon their residence but do not have a valid I-551 card. The resident would file form DS-117 with all supporting evidence to show that they did not abandon their residence. They would be issued an SB-1 Immigrant Visa. This category also includes commuters from borders who are Lawful Permanent Residents living in Canada or Mexico and commuting to the United States. Time spent outside on commuter status does not count for naturalization purposes.
This is a hybrid between state dependency laws and the immigration laws of the United States. The requirements for this type of classification are as follows:
Tampa's thriving economy has transformed the city into a magnet for international talent, particularly in industries like healthcare, finance, and technology. The demand for highly skilled professionals in Tampa is on the rise, driven by the city's rapid economic expansion and competitive industry sectors. As businesses seek to fill specialized roles, the requirement for employment visas like the H-1B and L-1 becomes increasingly significant. The robust local job market supports numerous employment visa applications. Employers are more inclined to sponsor foreign workers to retain and attract the talent necessary for their economic growth. Furthermore, the local government has shown support for various initiatives to streamline visa processes, making Tampa an ideal location for international professionals seeking career advancement in the U.S.
Connect with an experienced work visa attorney in Tampa as soon as possible. Dial (813) 321-3347 or submit an online form.
Choosing a local work visa attorney ensures you have access to someone who understands the specific immigration landscape of the Tampa Bay area. A Tampa-based attorney will be knowledgeable about the local job market, which is beneficial for employment visa applicants. Furthermore, engaging with someone local means easier access to in-person consultations and working with a practitioner who is familiar with regional and state laws that could impact your visa process. Many clients find comfort in knowing their attorney lives and works in the same community. This localized understanding strengthens the attorney-client relationship, providing a personalized touch that can be incredibly valuable during the complex visa application process.
Tampa has been experiencing robust growth in sectors like healthcare, finance, and technology, which has fueled demand for skilled international workers. The city’s tech hub is expanding, and companies are increasingly seeking foreign IT professionals. With Tampa's proximity to Latin America, there is also a significant influx of professionals in bilingual roles. Employers are more frequently utilizing H-1B visas to attract talent for specialized roles, as well as L-1 visas for managerial positions within multinational companies. Understanding these trends can help applicants align their skills with the demands of the Tampa job market, making it easier to secure an employment visa with the guidance of a well-informed attorney.
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Meet Attorney Ahmad Yakzan
Attorney Ahmad Yakzan came to the United States as a young man to pursue a dream that seemed elusive at times. He struggled but knew what he was aiming for was worth it because he met people who helped him with his goals. Although the dream seemed distant, he carried on.
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