Temporary Solutions (Non-immigrant Visas)
& Permanent Solutions (Immigrant Visas)
Employment-based Immigrant Visas for Permanent Residency
Temporary Worker Visas
Intracompany Transferee & Investor Visas
Visa Categories – General Requirements

EB-1A Extraordinary Ability
Immigrant Visa for Permanent Residency
The EB-1A Immigrant Visa Petition may be granted to those possessing extraordinary ability in the sciences, arts, education, business, or athletics and holding sustained national or international acclaim.
An individual may provide evidence of a one-time achievement (for example, receipt of a Pulitzer prize, Grammy or Oscar award, or Olympic medal) as well as evidence showing that he or she will be continuing to work in the area of expertise linked to their achievement.
Alternatively–if the individual does not have evidence of a one-time achievement (as is the case for most individuals)–he or she may instead qualify for the EB-1 visa by meeting at least 3 out any of a total 10 criteria below, each of which immigration considers generally reflective of one’s extraordinary ability:
- Evidence of having received lesser nationally or internationally recognized prizes or awards for excellence;
- Evidence of having membership in associations in the field which demand outstanding achievement of their members;
- Evidence of having one’s career or accolades discussed in professional or major trade publications or other major media;
- Evidence of having been asked to judge the work of others, either individually or on a panel;
- Evidence of having generated original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
- Evidence of having authored scholarly articles in professional or major trade publications or other major media;
- Evidence of one’s work having been displayed at artistic exhibitions or showcases;
- Evidence of performing in a leading or critical role in distinguished organizations;
- Evidence of having commanded a high salary or other significantly high remuneration in relation to others in the field; and/or
- Evidence of your commercial successes in the performing arts.
* Comparable evidence may be provided, if any of the criteria do not apply, yet doing so is generally not favored.
An offer of employment or labor certification is not required, and one may “self-petition” for an EB-1A Immigrant Visa, if so desired. Nevertheless, a Self-Petitioner must present a specific plan of employment. Spouses and children under 21 years of age also qualify for permanent residency as derivatives of the EB-1A Beneficiary or Self-Petitioner.

EB-1B Outstanding Researchers or Professors
Immigrant Visa for Permanent Residency
The EB-1B Immigrant Visa Petition may be granted to researchers or professors bearing international recognition for their outstanding achievements in a particular academic field. For this visa classification, the researcher or professor (“Beneficiary”) must have at least 3 years experience in teaching or research within his or her area of academic expertise. The Beneficiary must be entering the United States to pursue either tenure or tenure track teaching or a comparable research position at a university; at an institution of higher education; or with a private employer. He or she must meet at least 2 out of a total 6 criteria which immigration considers to be generally reflective of a person’s outstanding work in research, or as a professor:
- Evidence of receipt of major prizes or awards for outstanding achievement;
- Evidence of membership in associations that require their members to demonstrate outstanding achievement;
- Evidence of published material in professional publications written by others about the noncitizen’s work in the academic field;
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
- Evidence of original scientific or scholarly research contributions in the field; and/or
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
* Comparable evidence may be provided, if any of the criteria do not apply, yet doing so is generally not favored.
The Beneficiary must also provide an offer of employment from the prospective U.S. employer (“Petitioner”). In turn, the Petitioning entity must provide evidence of its own accomplishments, in addition to proof that that it employs at least 3 full-time researchers.
Spouses and children under 21 years of age may also qualify for permanent residency as derivatives of the EB-1B Beneficiary.

EB-1C Multinational Manager or Executive
Immigrant Visa for Permanent Residency
The EB1-C visa allows a foreign company to transfer its Manager or Executive to a related U.S. company (“Petitioner”). The employee (“Beneficiary”) must have worked outside the United States in a managerial or executive capacity for at least one (1) year within the three (3) years immediately preceding either: A) the date of filing the visa petition or B) the date of one’s most recent entry into the U.S., if the individual has already been working for the U.S. petitioning employer in a different status.
The U.S. petitioning entity must demonstrate that it has a formal qualifying relationship to the foreign entity (affiliate, parent, subsidiary, or branch). Quite importantly, the qualifying relationship must be proven from the time that the EB-1C petition is filed with immigration, and must maintain a qualifying ownership structure all throughout case pendency. Apart from these requirements, the U.S. petitioning company must have–for at least one (1) year before filing its petition–been continuously, regularly, and systematically doing business (meaning, actually providing goods and services rather than simply being operationally set up to do so). The U.S. petitioning entity must intend to employ the Beneficiary in either a “managerial” or “executive” capacity in the U.S., which each of these terms being defined in a specific manner under immigration regulations. More generally, the viability of these cases depend on the financial, operational, and staffing strength of the companies being presented.
Spouses and children under 21 years of age may also qualify for permanent residency as derivatives of the EB-1C Beneficiary.


EB-2 National Interest Waiver (“NIW”)
Immigrant Visa for Permanent Residency
The EB-2 NIW is a second preference immigrant visa suitable for professionals who hold either an “Advanced Degree” or, alternatively “Exceptional Ability” in the sciences, arts, business, athletics, or education. An individual applying for the visa must intend to contribute their skill to the U.S. in a manner that the government considers to be of national interest.
An “Advanced Degree” is defined as EITHER a Master’s Degree or above OR a four-year Bachelor’s Degree followed by five (5) years of progressive, post-baccalaureate work experience in the (direct or related) field.
If a person lacks an Advanced Degree, he or she may attempt to instead qualify as an alien of “Exceptional Ability.” This, in turn, is demonstrated through documentary proof that the individual meets at least three (3) of the following six (6) criteria:
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable.
Beyond holding an Advanced Degree or Exceptional Ability, an individual must document that he or she meets the “National Interest Waiver” analysis by proving the following:
- The individual is genuinely seeking to permanently contribute the advantage of his or her advanced education or exceptional ability by executing a substantially meritorious and nationally important plan of employment in the U.S. This plan of employment must be detailed with specificity, often through a written statement provided by the individual. One is not legally required to have a “sponsoring” employer and one may instead “self-petition” for the EB-2 NIW visa. Nevertheless, one must present and document a carefully devised and reasonably viable plan of action as to how and where one will work in the U.S. and how exactly the plan of employment is anticipated to provide far-reaching, positive impacts on the U.S. economy, societal welfare, cultural enrichment, job creation, and/or government initiatives.
- The individual appears reasonably well-positioned to carry out his or her described plan of action, over time. Whether one is “well-positioned” involves an in-totality analysis of one’s academic credentials, experiential track record, economic or other support for the endeavor, and any demonstrated commitment to one’s plan of action.
- It would be in the national interest for the United States to ultimately waive the ordinary requirements of a Labor Certification and job offer.
Unlike the EB-2 or EB-3 PERM case types, the EB-2 NIW does NOT require the sponsorship of a U.S. employer, and does NOT require an individual to go through what tends to be a time-consuming recruitment and Labor Certification process with the Department of Labor. Also, in comparison to any EB-1, the EB-2 NIW visa category involves a slightly lower level of scrutiny.


O-1 Extraordinary Ability
Non-Immigrant Visa / Temporary Work
The O-1 non-immigrant visa is suitable for gifted individuals who possess “extraordinary ability” in the sciences, education, business, or athletics, and whose ability has witnessed sustained national or international acclaim (O-1A).
They are also suitable for those who have demonstrated records of extraordinary achievement in the arts or the motion picture or television industry and have acquired nationally or internationally recognition (O-1B).
- “Extraordinary ability” in the fields of science, education, business or athletics signifies a level of expertise indicating that one is among the small percentage of individuals who have risen to the very top of the field.
- “Extraordinary ability” in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts. This is evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that you are prominent, renowned, leading, or well-known in the field of arts.
- “Extraordinary achievement,” for the purpose of securing an O-1 visa in the motion picture or television industry signifies a degree of skill and recognition significantly above that ordinarily encountered, to the extent that one is recognized as outstanding, notable or leading in the motion picture and/or television field.
Regardless of the O-1 category (A or B), O-1 beneficiaries must be coming to the United States to continue work in the area of extraordinary ability, on a temporary basis.
Assistants who are integral to the work of O-1 beneficiaries may accompany the O-1 beneficiary by obtaining their own visa in connection, in the 0-2 category. Spouses and children of O-1 beneficiaries may also join him or her in the United States by applying for their own visas in the O-3 category.
There is no annual limit on the number of people who can receive O visas. Individuals are usually issued a maximum initial stay of three (3) years, yet this period may be shorter, if the work to be completed by the O-1 beneficiary takes less than three (3) years to complete. Upon expiration of the initial period afforded, one may apply for extensions of one (1) year each, indefinitely, depending on the continued need for the O-1 beneficiary’s work.
An O-1 beneficiary may only work for the employer that serves as the sponsor on their O-1 petition. If seeking to change jobs or hold more than one job in parallel, additional O-1 petitions must be filed in order to disclose the material change and to ensure that the USCIS permits the change or addition of work in O-1 status. If the beneficiary otherwise has multiple engagements for various employers, the sponsor could potentially be an agent which deals on behalf of all employers.


P-1 Internationally Recognized Athletes or Entertainers
Non-Immigrant Visa / Temporary Work
The P-1 non-immigrant visa is available to the following individuals and groups:
Foreign athletes who seek to compete either individually or as part of a team at an internationally recognized level; and
Foreigners who perform with or are an integral and essential part of the performance of an entertainment group that has received international recognition as “outstanding” for a “sustained and substantial period of time.” It should be noted, that unlike individual athletes, individual entertainers may not be admitted into the U.S. as P-1 aliens, except when that single entertainer seeks to enter the U.S. to join a foreign-based entertainment group.
A P visa requires an employer or agent (“Petitioner”) to sponsor the individual, group, or team (“Beneficiary”). Depending on whether the Beneficiary is an individual athlete, an athletic team, and artist, or an entertainment group, the following P-1 qualification requirements must be met:
Individual athlete: The athlete must be internationally recognized in their field, and provide at least two of the following credentials:
- Verification of past significant athletic participation within one of the major United States sports leagues;
- Verification of past significant athletic participation with a major U.S. university in intercollegiate athletics;
- A written statement from a sports league or governing body verifying the athlete’s international acclaim; and/or,
- Verification that the athlete has received a significant award, acknowledgement, or honor.
Athletic team: The athletic team must have acquired international acclaim and recognition within their sport. Essential support personnel may also be granted identical P visa designation to accompany the team.
Athletes holding P-1 visas are permitted to perform in exchange for regular payment and/or prize money, usually for the one employer who sponsors them. However, as with O-1 visas, they can provide services to multiple employers so long as the other employers submit their own petitions to utilize the athletes’ services. Furthermore, P-1 visas are not restricted to actual athletic completion. Promotional appearances, stopovers, and short vacations related to the athletic activity are authorized incident to P-1 status.
Entertainment group: An internationally acclaimed entertainment group is one recognized for outstanding productions, performances, and expertise over a prolonged period of time. Usually, the individual performers must be recognized as an indispensable component of the entertainment group for at least one (1) year for them to qualify for P-1 visas, although exceptions can be made–for example, when a key individual or performer has an injury or illness. It should be noted that the one (1) year requirement applies strictly to performers and does not apply to support personnel. Individual circus workers, including performers, are also exempt from this requirement.
With respect to adjoining family members, spouses and children under 21 years of age may be granted P-4 visas so that they can accompany the P-1 Beneficiary in the U.S., for the same duration as the Beneficiary.

L-1A Intracompany Transferee
Non-Immigrant Visa / Temporary Work
Much like the EB-1C (its “immigrant” alternative), the L-1A visa allows for the transfer an Executive or Manager from a foreign office to a related office (affiliate, branch, parent, or subsidiary) in the United States. The L-1A visa is also appropriate when a foreign company does not yet have a U.S. office but wishes to send an Executive or Manager to the United States with the purpose of establishing one.
In each scenario, either the foreign or U.S. entity (“Petitioner”) must file a petition on behalf of the employee (“Beneficiary”), and the employee must have worked at the foreign office for at least one (1) continuous year within the last three (3) years before their entry in the U.S.
The initial duration of one’s L-1A visa is dependent on whether the U.S. company to which they are being transferred is either a new (“startup”) office or a pre-established. If a new (“startup”) office, the government may allow the beneficiary a maximum initial stay of one (1) year. If a pre-established office, the government may grant the beneficiary a maximum initial stay of three (3) years. For all L-1A beneficiaries, requests for extensions of initial periods of stay may be granted in increments of up to an additional two (2) years, until the beneficiary has reached the maximum limit of seven (7) years.
Although possessing a “dual intent visa,” L-1 Visa Beneficiaries must intend to leave the U.S upon completion of their authorized stay. In instances of having already reached the maximum of 7 years in L status, they could technically qualify for the same status again, but could only do so after working outside the U.S. for the company’s parent, subsidiary, branch, or affiliate for at least one year.


E-2 Treaty Investor
Non-Immigrant Visa / Temporary Work
The E-2 visa allows a national of a treaty country (a country with which the United States holds a treaty of commerce and navigation or a qualifying international agreement) to be admitted to the United States when investing a substantial and non-marginal amount of money in a U.S. business. Employees of the investor, or of a qualifying organization, may also be eligible for the E-2 visa.
To qualify for E-2 classification, the treaty investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation;
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
- Investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails.
- The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.
A substantial amount of capital is:
- Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
- Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
- Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
- A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.
The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.
Qualified treaty investors and employees will be allowed a maximum initial stay of two (2) years. Requests for extension of stay may be granted in increments of up to two (2) years. A major advantage of the E-2 visa is that, unlike for the L-1A, there is no limit to the number of extensions an E-2 nonimmigrant may be granted, so long as the company remains viable and legal requirements of the visa category continue to be met.
Spouses and children under 21 years of age may accompany the treaty investor by filing connected applications as derivatives, either at the same time as the investor, or afterwards. Their nationalities need not be the same as the treaty investor. Derivatives are granted status with the same designation as the treaty investor (“E-2”), and their statuses are dependent on the investor’s own compliance with the conditions of their E-2 visa. Importantly, a child’s derivative status is automatically terminated once the child reaches the age of 21.
Once acquiring derivative status, children may enroll in school and spouses of E-2 visa holders may typically work with any employer of their choosing without acquiring separate work permits, so long as their I-94 entry record shows their status as “E-2S.” On the other hand, E-2 treaty investors must work exclusively for the U.S. company tied to their petition.

NAFTA Professional (Mexico /Canada)
Non-Immigrant Visa / Temporary Work
The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in execution of prearranged business activities for U.S. or foreign employers. The baseline requirements for securing the TN visa are the following:
- The applicant must be a citizen of Canada or Mexico (permanent residency is insufficient);
- His or her profession must appear on the NAFTA list of acceptable professions;
- The proposed position in the United States requires a NAFTA professional (an employment contract or letter is necessary);
- The applicant will work in a prearranged full-time or part-time job for an employer (self employment is not permitted);
- The applicant has the qualifications, meeting the specific; and, requirements, education, and/or experience, of the profession.
With few exceptions, each profession requires the applicant to hold at least a bachelor’s degree and experience cannot be substituted for said degree. Some professions require experience in addition to the minimally required degree.
Although both Mexican and Canadian citizens qualify for the TN visa, the visa processing rules for Mexicans and Canadians differ. It is highly advisable to consult an attorney, not only for an assessment of one’s qualifications, but for advice on how to most smoothly obtain the visa, from a processing standpoint.
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