How to Obtain Employment-Based Visas for Foreigners

In the US, obtaining immigration benefits for foreign employees is a long process. There are, on the other hand, other options for immigrants with “extraordinary abilities” to avoid this immigration process. There are two types of visas that apply to employees who are experts in the fields of sciences, athletics, education, business, arts, and entertainment.

Details herein provided on behalf of Helmer, Paul, Conley & Kasselman, P.A. and is intended for educational and reference purposes only.

The O-1 Temporary Visa

The O-I Visa is granted to foreigners who can prove their “extraordinary ability” to US immigration; a three-year visa will be granted and can be renewed annually providing that the foreigner remains to pursue his field in the US. To attain this visa, the foreigner should submit a document proving that he or she has received a major international award, such as a Nobel Prize, or prove the ways to satisfy the legal criteria for “extraordinary ability;” three out of ten of these criteria should be fulfilled. Some of these criteria are: membership in an organization which requires remarkable contributions in their field; being a judge of other’s work in the same field; receiving a minor yet nationally/internationally recognized prize in the field.

The EB-1 Permanent Visa

When a foreigner with “extraordinary ability” would like to get a green card (that will eventually permit the foreigner to continue living in the US permanently and become a US citizen), the foreigner can submit an application for EB-1 Permanent Visa. The qualifications are similar with the O-1 Temporary Visa in terms of “extraordinary ability.” In addition to that requirement, the qualifications for green cards must also apply, which are: 1) a satisfactory medical exam and 2) full disclosure of former meeting with law enforcement officers.

The information in this article is provided by Helmer, Paul, Conley & Kasselman P.A. who provide legal services in the field of Immigration Law. This article is not intended nor should be considered legal advice.