Other Types of Work Visas

We focus a lot on the H1B, E3, J1, F1, H2B and L1 visas (as well as spousal/dependent equivalents) in this blog but today I will briefly touch on a couple of them being the Employment Based Permant residency EB visas and the O1 visa.

So firstly the O1 visa;
The O visa was created for individuals of extraordinary abilities that would be of great benefit to the US.
So for example this is often used by famous entertainers, actors, athletes when they are competing in tournaments, etc. It is also used by people distinguished in other fields like business, science and education.

To qualify for this visa you must still be sponsored by a US employer or agent but also demonstrate your recognized extraordinary abilities. If you are a famous author you could do this by your book sales, a scientist could do this from world awards they have won, an athlete can point to their world ranking, etc.

Essentially you have to be in top 1-2% in your chosen profession in the world. So of course very few qualify for this visa category. The O2 visa applies to support people specifically for entertainers and athletes. So this could be crew members, agents, etc. whose primary job is working for the O1 holder in some capacity.

The O3 visa is a dependent visa for O1 holders so spouses and qualifying children would get this visa.

The EB Visas (this is essentially a green card)
You can  occasionally apply for these visas directly before being on any other visa but there is a very limited supply. Generally this is the perment residency applied for on your behalf by your employer. You have to wait for a visa number to become available and this can take many years depending on your category and country of residence.
More often than not this will happen after an employer is satisfied with you on your H1B, L1 or E3 visa.

There are five categories of employment based immigration:

  • First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
  • Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are 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.
  • Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others 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.
  • Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
  • Fifth Preference (EB-5 Investment/Employment Creation) If you would like to be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise,
  • There is also Schedule A Workers whom are Health care workers and aliens of exceptional ability.

I hope this help provides some context as to other types of visa.

Till Next Time….

CJ

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