Kenjay Law

based Immigration

Employment/Work based (Non-immigrant) Immigration

International Entrepreneur Parole

IEP is granted to foreign entrepreneurs who demonstrate that their business venture would provide a significant public benefit in the USA. Entrepreneurs granted parole will be eligible to work only for their start-up business. The spouses and children of the foreign entrepreneur may also be eligible for parole.

Temporary Workers :

Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS)

Temporary worker visa categories

Visa Category
Visa Category
The CNMI-Only Transitional Worker (CW-1) visa classification allows employers in the Commonwealth of the Northern Mariana Islands (CNMI) to apply for permission to employ aliens who are otherwise ineligible to work under other nonimmigrant worker categories.

The CW nonimmigrant classification is commonly referred to as :
> CW-1: A CNMI-Only transitional worker
> CW-2: Dependent of a CNMI-Only transitional worker
H-1: Person in Specialty
H-1B – Professional workers with at least a bachelor’s degree (or its equivalent work experience) are eligible for non-immigrant visas if their employers can demonstrate that they are to be paid at least the prevailing wage for the position.

Workers in a specialty occupation and the following sub-classifications:
H-1B1 – Free Trade Agreement (FTA) workers in a specialty occupation from Chile and Singapore. Requires a post-secondary degree involving at least four years of study in the field of specialization.
H-1B2 – Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.
H-1B3 – Fashion models of distinguished merit and ability.
H-2A: Temporary
Agricultural Worker
For temporary or seasonal agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.
H-2B: Temporary
Non-agricultural Worker
For temporary or seasonal non- agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.
H-3: Trainee or Special
Education visitor
To receive training, other than graduate medical or academic, that is not available in the trainee’s home country or practical training programs in the education of children with mental, physical, or emotional disabilities.
L: Intracompany
To work at a branch, parent, affiliate, or subsidiary of the current employer: L-1A – Intracompany transferees in managerial or executive positions. L-1B – Intracompany transferees in positions utilizing specialized knowledge.
O: Individual with
Extraordinary Ability or
For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise.
P-1: Individual or Team
Athlete, or Member of an
Entertainment Group
To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance.
P-2: Artist or Entertainer
(Individual or Group)
For performance under a reciprocal exchange program between an organization in the United States and an organization in another country.
P-3: Artist or Entertainer
(Individual or Group)
To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.
Q-1: Participant in an
International Cultural
Exchange Program
For practical training and employment and for sharing of the history, culture, and traditions of your home country through participation in an international cultural exchange program.
I Visa: Visas for Members of
the Foreign Media, Press,
and Radio
An employee of foreign information media or employee of an independent production company having a credential issued by another country’s professional journalistic association engaged in filming a news event or documentary.

A member of the foreign media engaged in the production or distribution of film, if the material being filmed will be used to disseminate information, news, or is educational in nature. A journalist working under contract with a credential issued by another country’s professional journalistic association.

A foreign journalist travelling to the United States to report on U.S. events solely for a foreign audience, if the journalist works for an overseas media outlet having its home office in a foreign country.

An accredited representative of a tourist bureau, controlled, operated, or subsidized in whole or in part by a foreign government. An employee of an organization that distributes technical industrial information who will work in the U.S. office of that organization.
R-1: Religious Workers
To work as a minister or in a religious vocation or occupation and be employed by a:
>Non-profit religious organization in the United States;
>Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or
>Non-profit organization which is affiliated with a religious denomination in the United States.
TN: North American Free
Trade Agreement (NAFTA)
temporary professionals
from Mexico and Canada.
The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. You may be eligible for TN nonimmigrant status, if:
>You are a citizen of Canada or Mexico;
>Your profession qualifies under the regulations;
>The position in the United States requires a NAFTA professional;
>You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment).
>You have the qualifications to practice in the profession in question.

Permanent Workers

Approximately 140,000 immigrant visas are available each fiscal year for noncitizens (and their spouses and children) who seek to immigrate based on their job skills.

General Description
First Preference EB-1
This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.
Second Preference EB-2
This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.
Third Preference EB-3
This preference is reserved for professionals, skilled workers, and other workers.
Fourth Preference EB-4
This preference is reserved for “special immigrants,” which includes certain religiotus workers, employees of U.S. foreign service posts, retired employees of international organizations, noncitizen minors who are wards of courts in the United States, and other classes of noncitizens.
Fifth Preference EB-5
This preference is reserved for business investors who invest $1.05 million or $800,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers. Immigrant investors must establish that they are the legal owner of the capital invested.

STEM Employment Pathways

F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:

Students and Exchange Visitors

To pursue full-time academic or vocational studies in the United States. The “F” category is for academic students and the “M” is for vocational students. The “J” visa program is for educational and cultural exchange programs.

Students: Academic and Vocational (F and M visas)
Academic students
Spouses and children of F-1
Canadian or Mexican national academic commuter students
Exchange Visitors (J visas)
Exchange visitors
Spouses and children of J-1

Temporary Visitors for Business

To visit the United States for business, you need to obtain a temporary visitors for business visa, unless you qualify for admission without a visa under the Visa Waiver Program.

Temporary Visitors for Business
B-1 Temporary Business
Temporary business visitor to conduct activities of a commercial or professional nature. For example, consult with business associates, negotiate a contract, or attend a business conference
WB Temporary Business
Visitor under Visa Waiver
Temporary vtisitor for business admitted under Visa Waiver Program
GB Temporary Visitor to
Temporary visitor for business (limited to Guam)

Information for Employers and Employees

The following employment eligible categories are eligible for an automatic extension:

The eligibility category you listed on
your Form I-765 renewal application
N-8 or N-9
Citizen of Micronesia, Marshall Islands, or Palau
Withholding of Deportation or Removal Granted
Temporary Protected Status (TPS) Granted
Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status*
Spouse of principal L-1 Nonimmigrant with an
unexpired I-94 showing L-2 (including L-2S) nonimmigrant status*
Asylum Application Pending
Pending Adjustment of Status under Section 245 of the Act
Suspension of Deportation Applicants (filed before April 1, 1997) Cancellation of Removal Applicants
Special Rule Cancellation of Removal Applicants Under NACARA
Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”.
Section 210 Legalization (pending I-700)
Section 245A Legalization (pending I-687)
LIFE Legalization
Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
VAWA Self-Petitioners