Legal Empowerment

US Citizenship and Immigration Services

Immigration Attorney Kenny Bhatt - Ph.D. in Law

Employment Based Temporary Visas - USCIS

We service following categories

B-1/B-2 Visitor's Visa

For Individuals coming to the U.S. for business or pleasure. B-1 business visitor visas are for a short duration and must not involve local employment. Nationals of certain countries may be eligible to visit the U.S. for up to 90 days without obtaining a visa.

E-1/E-2 Treaty Trader Investor Visas

Investor and traders may receive visas to carry on their business in the U.S. if their home country has a commercial treaty with the U.S. conferring visa eligibility.

F-1 And M-1 Student Visas

Available for those seeking to pursue a full course of study at a school in the United States may be eligible for a visa for the course of their study and in some cases, a period for practical training in their field of study.

H-1B Specialty Occupation Visas

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.

J-1 And Q-1 Exchange Visitor Visas

For those individuals coming to the U.S. in an approved exchange program. J-1 programs often covers students, short-term scholars, business trainees, teachers, professors, government visitors, camp counselors and au pairs.

K-1 Fiancee Visas

A fiancé(e) of a U.S. citizen is eligible for a non-immigrant visa conditioned on the conclusion of a marriage within 90 days.

L-1 Intracompany Transfer Visas

L-1 visas are available to executive, managers and specialized knowledge employees transferring to their employer’s U.S. affiliate.

O-1 Extraordinary Ability Workers Visas

The O-1 category is set aside for foreign nationals with extraordinary ability. This includes entertainers, athletes, scientist and business persons.

Our service categories

Immigration - USCIS

The Immigration and Nationality Act provides 140,000 employment-based immigrant visas yearly. These available visas are divided among five preference categories. The employment-based immigration categories are based on a foreign worker’s particular occupation and skills. The employment-based categories consists of five preference categories, each of which are subject to visa waiting lists. Employment-based categories are subject to annual visa limits. This means that there are waiting lists in many of the categories. Available visas are issued to beneficiaries in order of their priority date (the date of filing of the labor certification, if one is necessary, or the date of filing the I-140 petition.) Beneficiaries of India, China, The Philippines, and Mexico are subject to country-specific backlogs.

The First Preference (EB-1)

The Immigration and Nationality Act provides 140,000 employment-based immig

The Second Preference (EB-2)

The second preference category includes:

The Third Preference (EB-3)

This category covers Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers. Skilled workers are those whose positions require a minimum of two years of training or experience. Professionals must possess a bachelor degree in the field and must establish that a bachelor degree is the normal requirement for entry into the profession. The final category of “other workers” means essentially unskilled workers.

Professionals and skilled workers are placed on the same waiting list for available visas. However, other workers are placed on a separate waiting list. Given the fact that backlog for “other workers” is effectively twenty years, the filing of such a petition for an unskilled worker is not recommended.

Third preference workers must have a job offer and obtain a labor certification. However, where Schedule-A precertification applies, the alien will be exempt from the labor certification requirement.

The Fourth Employment-Based Preference (EB-4)

Applicants in this category must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884. Among the types of individuals who qualify under this preference are:

The Fifth Employment-Based Preference (EB-5)

All applicants under this category must file a Form I-526, Immigrant Petition by an Alien Entrepreneur. To qualify, an alien must invest a minimum of either U.S. $500,000 or $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.

DV-1 Visas (Visa Lottery)

By law, the U.S. diversity immigration program makes available a maximum of 55,000 permanent residence visas each year to eligible persons (5,000 of the 55,000 are made available to those under the NACARA program). Visas are allotted in a random drawing to individuals.