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Carol L. Edward: Seattle Immigration Lawyer, Immigrant and Nonimmigrant Visas, Employment Based Visa

Building Global Opportunities Every Day
Immigrant and Nonimmigrant Visas for Business Purposes

Technology continues to transform business into a global marketplace. The Seattle immigration lawyers of Carol L. Edward & Associates, P.S., realize the extensive amount of resources companies invest in hiring experts from around the world. As an employee, your opportunity to work in the United States must be processed as efficiently and accurately as possible to save employers time and money.

The following is a description of business visas handled by Seattle Immigration Attorneys of Carol L. Edward & Associates, P.S.:

B Category Nonimmigrant Visas

- B-1 Business Visitor: Business visitors can travel to the United States for up to 6 months for business trips. The use of this visa is restricted and does not permit a person to be employed or paid for services provided in the United States.

E Category Nonimmigrant Visas  

  • E-1 Treaty-Trader: Nationals of countries which have entered into treaties with the United States who are coming to the United States to carry on substantial trade principally between the United States and the treaty country.
  • E-2Treaty-Investor: Nationals of a treaty country engaging in investment in the United States who have invested, or are in the process of investing, substantial capital in a real and operating commercial enterprise. The investor must also develop and direct the enterprise.  

H Category Visas  

  • H-1B: Foreign workers in "specialty occupations", which is a person whose work requires a Bachelors Degree or higher in a specific specialty occupation. A U.S. employer using this program must guarantee that (1) the foreign-born professional will be paid at or above the rate paid for a similar position at the employer's own offices; (2) the foreign worker will not "adversely affect" the working conditions of his U.S. colleagues; (3) U.S. colleagues will be given notice of the foreign worker's presence among them; and (4) there is no strike or lockout at the worksite.
  • H-3: An alien coming to the United States to receive training in an approved on-the-job training program in any field or profession, including commercial enterprises, except for graduate medical training. The training sought must be unavailable in the alien's country of origin

L Category Visas  

  • L-1: Immigration Attorney Carol Edward has extensive experience in processing your L visa. L visas include intra-company transfers from a foreign company to a U.S. company where the employee must be an executive, manager or a person with specialized knowledge. The visa requires the employee to be employed in a foreign location for one out of the last three years immediately preceding the filing of the petition; they must be employed outside the United States during this period in a managerial or executive capacity by the foreign employer. USICS defines an L visa as:
  • Subject to section 214(c)(2), an alien who, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of any such alien if accompanying him or following to join him.

O Category Visas  

  • O-1: Aliens with extraordinary ability in the sciences, arts, education, business, or athletics, as demonstrated by sustained national or international acclaim, which are coming to the United States temporarily for the purpose of continuing work in the area of extraordinary ability.
  • O-2: Aliens who will accompany and assist in the performance of an O-1 alien on a specific motion picture or television production. They must be an integral part of the performance and possess critical skills and experience with the O-1 alien.

P Category Visas

  • P-1: Those entertainers and athletes who do not qualify under the O category. Example: 1) internationally-recognized, alien athletes who compete individually or as part of a team; and 2) internationally-recognized, alien entertainment groups and their essential support personnel.
  • P-2: Alien artists and entertainers (individuals or groups) who participate in a reciprocal exchange program between U.S. and foreign organizations and their essential support personnel.
  • P-3: Alien artists and entertainers (individuals or groups) who will perform under a program that is culturally unique. The law defines this purpose as developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance.

TN Category

  • As a result of the North American Free Trade Agreement, business investors, traders, intra-company transferees, and professionals from Canada and Mexico may be eligible for nonimmigrant visas into the U.S.

EMPLOYMENT BASED IMMIGRANT VISAS

  • EB-1: Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. Also included in the EB-1 category are intra-company transferees and outstanding researchers.
  • EB-2: This classification includes "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
  • EB-3: Aliens with at least two years of experience as skilled workers; professionals with a baccalaureate degree; and other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

EB-4: To qualify as an EB-4 special immigrant religious worker, you must be a member of a religious denomination that has a non-profit religious organization in the United States and be registered with the same organization for at least two years before applying for admission to the United States. You must be entering the United States to work:

  1. As a minister or priest of the religious denomination;
  2. In a professional capacity in a religious vocation or occupation for the religious organization (a professional capacity means that a U.S. baccalaureate degree or foreign equivalent is required to do this job)
  3. In a religious vocation or occupation for the religious organization or its nonprofit affiliate.

SK Visas: Certain Retired International Organization Employees can qualify for this type of visa. The term "organization" means, but is not limited to, an organization, corporation, company, partnership, association, trust, foundation or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects.

INV Visas: Business owners who create full-time employment for more than 10 qualified individuals for two consecutive years may qualify for INV visas.

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