Employment-Based and Business Immigration
US immigration law provides for a broad range of employment, business, and investment immigration opportunities. Employment-based immigration is a particularly complex area of law, and it is highly recommended to work with an employment immigration lawyer to assess immigration options and to successfully complete the immigration process.
Employment immigration options are generally divided between those offering permanent residency (green cards) and those offering temporary immigration benefits (nonimmigrant status). Permanent residency provides significantly more stability and flexibility for immigrant workers, but the requirements tend to be more challenging to meet and the process is usually more expensive. Nonimmigrant options provide fewer benefits to immigrant workers, but may be less expensive and burdensome to get. Many immigrants successfully start on nonimmigrant visas and later become permanent residents.
Employment-based green card applications
Permanent residency and green cards are available through employment, family, diversity visas, and many other less common programs. In the context of employment and investment, there are several main options:
- Self-petitions for highly-accomplished immigrants, certain professors and researchers, and certain advanced degree holders
- Employer petitions for executives and managers, advanced degree holders, and other employees
- Religious workers and individuals associated with a religious organization through employment
- Immigrant investors
Temporary employment-based options for immigrants
There are large number of immigration statuses available for workers and investors in the United States, and it is extremely important to review eligibility with a lawyer. Each immigration status has different requirements and often one is a better fit for a particular employment situation. Business and employment statuses can include:
- B-1 visitors conducting business-related activities (non-employment)
- H-1B specialty occupation workers
- H-2A temporary agricultural workers
- H-2B temporary non-agricultural workers
- E-1 and E-2 traders and investors
- E-3 workers from Australia
- L status for company transferees of managers and employees with specialized knowledge
- O status for certain highly-recognized and accomplished individuals
There are numerous other types of statuses that may also be appropriate depending on the individual worker’s skills and the needs of the particular employer. Additionally, some statuses allow people to invest and work for their own company, while others require that they have a sponsoring employer.
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