Lawful Permanent Residency Status for Professionals
Knisbacher Law Offices helps non-immigrant foreign nationals obtain lawful permanent residence status by classifying them in some of the following categories:
- Persons of extraordinary ability
- International executives and managers
- Persons whose entry into the United States will be in the National Interest of the U.S.
- Professional and/or Skilled Workers in positions where there are no U.S. workers who are willing, able, and qualified to perform the duties of the position offered. For more information on the qualifying criteria and the process for applying for permanent residence in this category, please see the Department of Labor website: Permanent Labor Certification (“PERM”)
If you are a professional foreign worker or entrepreneur wanting to obtain the appropriate employment-based visas for work in the United States contact Knisbacher Law Offices at (510) 454-3725.
Non-immigrant Visas/Status for Professional
Knisbacher Law Offices assists clients in obtaining the following employment based non-immigrant visas:
- Specialty Occupation Workers (H1-B) Visas allow U.S. companies to employ professional workers:
In order to qualify for this visa, the U.S. company which desires to employ the foreign worker must show that:
- The position being offered to the professional foreign worker is one which requires, at a minimum, a bachelor’s degree in a specific field of study for entry into that position;
- The foreign worker has a bachelor’s degree or the equivalent in that specific field of study;
- The U.S. company must make the following attestations: (i) the foreign worker will not be treated differently from U.S. workers; (ii) the U.S. company will pay the employee at least the prevailing wage for the position offered; (iii) there is no strike or lockout in that position; and (iv) appropriate notification has been given to other employees or bargaining units (the labor conditions attestation);
- There is a cap on the number of new H-1B visas available each year. For fiscal year 2009 and 2010 the cap was reached 6 months prior to the first day of that respective fiscal year. For more information on the qualifying criteria and application process please see the Department of Labor website: H1-B Certification
- Intra-company transferees (L) Visas. The L visa allows multinational organizations to move their executive, managerial, or otherwise essential employees to work for their related organizations in the United States. In order to qualify for this visa, the U.S. company which desires to employ the foreign worker must be able to show that the U.S. company is a branch, subsidiary, affiliate or parent of foreign company operating outside the United States; that the foreign worker has been employed by the foreign entity as an executive, manager, or essential worker for at least one year in the last three years; and that the foreign worker is entering the United States in order to be employed as an executive, manager, or specialized knowledge employee. This visa may also be used by the multinational organization to send executive or managerial employees to open new offices of the multinational organization.
- Professionals entering the United States pursuant to the North American Free Trade Agreement (TN). The NAFTA or TN Visa allows U.S. companies to employ foreign professional workers who are citizens of Canada or Mexico in those professional positions which are specifically listed in the North American Free Trade Agreement (NAFTA). The foreign worker must be entering the United States to work in one of the listed positions and must meet the requirements listed therein.
- Persons with extraordinary ability (O) Visas. The O visa allows a U.S. company to employ a foreign worker who has extraordinary ability in the sciences, arts, education, business, or athletics as demonstrated by international acclaim. These foreign workers must be one of a small percentage of persons who have reached the top of their respective fields. In addition to showing that the foreign worker meets the criteria of being of extraordinary ability, the U.S. company must obtain a consultation from an appropriate labor union to confirm that the person meets those criteria.
- Artists, entertainers, and athletes (P) Visas allow individuals to temporarily come to the U.S. to perform in athletics or entertainment. The P-1 classification applies to you if you are coming to the U.S. temporarily to perform at a specific athletic competition at an internationally recognized level of performance, either as an individual athlete or as part of a group or team. The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer under a reciprocal exchange program between an organization in the United States and an organization in another country, either as an individual performer or as part of a group. The P-3 classification applies to you if you are coming temporarily to perform, teach, or coach as an artist or entertainer in a program that is culturally unique, either as an individual or as part of a group.
- Religious workers (R) Visas allow bona fide religious organizations to bring in ministers, persons working in a religious vocation, or persons working in a professional capacity in a religious occupation to provide such services in the United States. In recent years, the U.S. Citizenship and Immigration Service has requested extensive documentation from religious organizations and even conducted on-site investigations to prove they are bona fide religious organizations The foreign religious worker must show that he/she has been a member of the same religious denomination for a period of at least two years.
- (H-2A) Temporary Agricultural Workers The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. H-2A nonimmigrant classification applies to aliens seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis. U.S. employers (or associations of U.S. agricultural producers named as joint employers) must file Form I-129, Petition for Nonimmigrant Worker, on the behalf of prospective workers.
- The (H-2B) Non-agricultural Temporary Workers The H-2B program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. U.S. employers must file Form I-129, Petition for Nonimmigrant Worker, on the behalf of prospective workers.
- Trainee (H-3) Visas are intended to allow foreign trainees to obtain experience in the United States in areas that are not available in their home country. In order to qualify for this visa, the U.S. company which desires to employ the foreign trainee must show that:
- The foreign trainee is entering to engage in a training program not available in their home country;
- The training will not place the foreign trainee in a position involving regular employment;
- The training will not involve productive employment unless incidental and necessary to the training; and
- The training will benefit the foreign trainee in pursuing their career abroad.
We can assist the U.S. company, the foreign professional worker, and/or the foreign entrepreneur in determining which non-immigrant or immigrant visa applies.