There are a wide range of non-immigrant visas which allow foreign national to visit and in some cases obtain employment authorization in the United States. Most applicants seeking employment authorization in the U.S. must have a job offer from a sponsoring employer in the U.S. and must obtain the appropriate non-immigrant visa form of entry.
Exceptions to the employer sponsorship requirement typically require entrepreneurial investment under international treaties or self-sponsorship as an individual with extraordinary ability.
Non-immigrant visa status refers to the temporary nature of the individual’s stay in the U.S. and visa applicants may be required to establish their intent to return abroad at the end of the authorized temporary period of stay. Each visa category has specific restrictions and requirements governing the terms and conditions of the foreign national’s temporary stay.
Click below for more information on temporary non-immigrant work visa categories.
- B-1 Temporary business visitor
- B-2 Temporary tourist visitors
- E Treaty traders/investors
- F-1 Academic or language students
- H1B Professional worker in a specialty occupation
- H-2A Agricultural temporary worker
- H-2B Non-agricultural temporary worker
- H-3 Temporary trainee
- J Exchange visitor
- L Temporary intra/inter-company transferee
- O Aliens of extraordinary ability *
- P Internationally recognized athlete or entertainers
- R Religious workers
- TN NAFTA professional
*Ability to self-petition
Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment-based immigrant visas are divided up into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.
- NIW National interest waiver
- EB-1(a) Alien of extraordinary ability*
- EB-1(b) Outstanding Professors/Researchers
- EB-1(c) Multi-national manager or executive
- PERM Labor certification
- EB-2 Advanced degree/exceptional ability
- EB-3 Professionals, skilled workers and others
- EB-4 Special immigrants & religious workers
- EB-5 Investor visa
*Ability to self-petition
The United States government offers protection to persons who can demonstrate a well-founded fear of past or future persecution based on one of the following five grounds:
- membership in a particular social group
- political opinion, or religion
A person can apply for asylum whether they are in the United States (an asylee) or outside of the United States (a refugee); however, if the person is in the United States their application must be received within one year of arrival unless there has been changed or extraordinary circumstances to warrant the delay.
An asylum applicant will either request relief from USCIS or before an immigration judge from the Executive Office for Immigration Review (EOIR), depending on what category their application falls into. Affirmative asylum filings are filed with USCIS and occur when the applicant is not in removal proceedings but chooses to take action regarding their application.
Defensive filings in contrast, are filed with EOIR and occur in response to removal proceedings. Once filing either type of asylum application the applicant will stop accruing unlawful presence and receive employment authorization; if the application is granted the applicant and family members who were listed on the application will receive a green card. Our firm looks forward to assisting you in obtaining this form of protection, or any other that best suits your needs.
Cancellation of Removal
Cancellation of Removal is a type of relief available to permanent residents facing deportation and non-permanent residents facing removal proceedings. If you are in deportation proceedings and have been a permanent resident for at least 5 years, lived in the United States for at least 7 years and can show that the reasons for deporting you are minimal compared to the positive factors in your life, you may be eligible for this form of relief which would enable to you remain a permanent resident.
If you are in removal proceedings, you would need to prove that you have been living in the United States for the past 10 years, you are a person of good moral character, and your removal would cause exceptional and extremely unusual hardship to a U.S. Citizen or permanent resident spouse, child or parent. If the immigration judge approves your case, you will be eligible for a green card. Our experienced attorneys can assist you in navigating this complex area of immigration relief.
This category of non-immigrant status was created to protect those persons in the United States who are victims of certain crimes (such as felonious assault, domestic violence, stalking, abusive sexual contact, etc.) which resulted in substantial mental or physical abuse.
Applicants must be willing to assist government officials in their investigation or prosecution of the person who committed the crime against them. An applicant’s willingness to assist can be certified by many government organizations including the Department of Labor, Administration for Children Services, judges, police offers or FBI officials and many more. U-visa applicants may even be allowed to waive their own criminal or immigration violations, such as entering without inspection, accruing unlawful presence and/or fraud. While only 10,000 U-visas are granted yearly, after 3 years of maintaining U-visa status an applicant can apply for a green card.
Let our attorneys help you decide if this is the right relief for your case.