Overview: Employment-Based Immigration.

This is an overview of the current law applying to applications for permanent residence in the U.S. based upon employment or business purposes.

There are five basic types of business immigrant visas. All categories are limited by annual levels and per-country levels.

• First Category: Priority Workers
• Second Category: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability
• Third Category: Skilled Workers, Professionals and Other Workers
• Fourth Category: Certain Special Immigrants
• Fifth Category: Investors

These immigrants become permanent residents and obtain the indefinite right to live and work in the United States, as long as they do not commit any offense that would render them deportable.

Business immigrants usually are sponsored by a U.S. employer based on a demonstrated need. Some business immigrants may self-petition if they meet statutory criteria for extraordinary ability in their field, or if their entry would be in the national interest.

Most business immigrant cases require Department of Labor certification that no U.S. workers are able, qualified or willing to take the position offered to the foreign national and that admitting the immigrant will not negatively impact the wages and working conditions of similarly situated U.S. workers. The only categories exempt from this requirement are those for individuals who are extraordinary or outstanding in their field or whose presence is in the national interest.

Temporary Business Visas.

This is an overview of the current law applying to applications for temporary visas in the U.S. based upon employment or business purposes.

There are many different kinds of nonimmigrant visa types. Below are listed the most common:

• B-1: Business visa, usually valid for six months or less, but may be extended
• E: Treaty trader or investor visa
• F-1: Student visa
• H-1: Professional visa, with the right to work for sponsoring company, valid for up to 7 years.? Usually requires a degree
• L-1: Intra-company transferee, sponsored by a company abroad with a related company here, providing the right to work for the sponsoring company
• O/P: Artist or entertainer

Persons obtaining these visas are permitted to enter the United States for temporary, specifically defined periods of time and in most cases must show intent to return to their home country at the end of their temporary stay.

Those applying overseas have their eligibity reviewed twice before coming to the United States. The State Department Consular Officer decides whether the individual's purpose in coming fits one of the approved categories, and whether the person meets all other eligibility criteria for admission before issuing a visa to allow the individual to come to the United States. Upon arrival, all nonimmigrants are inspected by the USCIS to reconfirm their qualification for admission, and to authorize a specific length of stay. This process at the border has become more difficult in the past several years, as border officials aggressively scrutinize a person's reasons for coming here before admitting them.

Immigrating to the United States Through An Employer: The Various Categories.

Besides immigration through family members, the other method persons can obtain legal residence in the United States is through employment, usually a job sponsor. Presently, the United States provides 140,000 employment-based visas to immigrants. These employment-based visas consist of the following categories:

• First Preference: Up to 40,000 visas a year may be issued to priority workers. People who have extraordinary ability or who are outstanding professors and researchers and in their field certain multinational executives and managers fall into this category. In addition, any visas left over from the fourth and fifth preferences (see below) are added to this category.
• Second Preference: Up to 40,000 visas a year (plus any visas left over from the first preference) may be issued to persons who are members of the professions holding advanced degrees or aliens of exceptional ability in their field.
• Third Preference: Up to 40,000 visas a year (plus any visas left over from the first and second preferences) may be issued to skilled workers, professionals, and other workers. The other workers category covers workers who are capable of performing unskilled labor, and who are not temporary or seasonal. Workers in this category are limited to 5,000 visas per year. Skilled workers must be capable of performing skilled labor requiring at least two years training or experience.
• Fourth Preference: Up to 10,000 visas a year may be issued to certain special immigrants, including ministers, religious workers, former U.S. government employees and others.
• Fifth Preference: Up to 10,000 visas a year may be issued to persons who have between $500,000 and $3 million to invest in a job-creating enterprise in the U.S. At least 10 U.S. workers must be employed by each investor. The amount of money can vary depending on which area of the country will benefit from the investment. If the investor fails to meet the conditions specified, he or she can lose permanent resident status.