EMPLOYMENT BASED VISAS
SERVICES FROM WANGLAW
Permanent Employment Based Visas
A permanent employment based visa as suggested by its name results in a Green Card. U. S. immigration statutes
recognize these types of permanent employment based visas:
Preferences General Description L/C* Required?
1st EB-1 Reserved for persons of extraordinary ability in the sciences, arts, education, No
business, or athletics; outstanding professors or researchers; and multinational
executives and managers.
2nd EB-2 Reserved for persons who are members of the professions holding advanced Yes
degrees or for persons with exceptional ability in the arts, sciences, or business. No with National
3rd EB-3 Reserved for professionals, skilled workers, and other workers. Yes
4th EB-4 Reserved for “special immigrants,” which includes certain religious workers, No
employees of U.S. foreign service posts, retired employees of international
organizations, alien minors who are wards of courts in the United States, and
other classes of aliens.
5th EB-5 Reserved for business investors who invest $1 million or $500,000 No
(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. For more information
on this visa, click here.
*L/C is shorthand for Labor Certification. A Labor Certification for permanent residence visas is issued by the
Office of Foreign Labor Certification within the U. S. Department of Labor through Program Electronic Review
Management (PERM) which has been in effect since March 28, 2005. Because Labor Certification is a tedious,
uncertain, and competitive process (including the requirement of competitive advertising and recruiting) to be
completed by a potential employer, assistance from an attorney is indispensable.
**While Labor Certification (L/C) is generally required for the Second Preference Employment Visa, a waiver is
available for EB-2 workers who have at least a Master's Degree or higher or that person has exceptional ability in the
sciences, arts, or business and can qualify for the National Interest Waiver. Pursuant to 8 C.F.R. 205.4(k)(ii), an
exception to Labor Certification may be granted if the petitioner can show that employment is in the national interest
of the United States and that the petitioner will have an impact than others in the field or contribution in their area of
ability. The Administrative Appeals Unit of the USCIS has also issued rulings on factors to be considered when
adjudicating a petition for a National Interest Waiver. Because of the range of criteria open to interpretation and the
subjective nature of the requirements, assistance from an attorney is indispensable. A successful candidate for
National Interest Waiver is then a self-petitioner as is the EB-1 petitioner who does not need the availability of a job
offer or the sponsorship of an employer. WANGLAW has successfully obtained permanent residence for
number of extraordinary ability individuals under the EB-1 First Preference and is available to assist talented and
accomplished individuals for both EB-1 and EB-2 National Interest Waiver Petitions.
When a Petition for a Permanent Employment Based Visa is approved, the petitioner's family, specifically the spouse
and children under 21 years of age also become eligible for the Green Card. Please note that preference visas are
also subject to numerical limitations. WANGLAW is available to assist employers or their potential temporary
workers and families to obtain available Permanent Employment Based Visas for Permanent Residence in the United
States of America.
Temporary Worker Visas
A temporary worker visa is issued to a worker who has prospective employment inside the United States of America
for a limited duration of employment. A temporary worker visa does not as of itself result in a Green Card, although
some of these visas may be used as a bridge towards Legal Permanent Residency. Temporary worker visas may be
subject to numerical caps, the most well known is the H1-B cap which usually is reached before the end of the
yearly cycle. Certain temporary worker visas require Labor Condition Certification to be issued by the Office of
Foreign Labor Certification within the U. S. Department of Labor.
U. S. immigration statutes recognize these types of temporary worker visas:
[ ] E-1 Treaty Traders
[ ] E-2 Treaty Investors
[ ] E-2 CNMI Investor
[ ] E-3 Certain Specialty Occupation Professionals from Australia
[ ] H-1B Specialty Occupations and Fashion Models
[ ] H-1C Registered Nurse
[ ] H-2A Agricultural Workers
[ ] H-2B Non-Agricultural Workers
[ ] H-3 Nonimmigrant Trainee
[ ] I-1 Representatives of Foreign Media
[ ] L-1A Intracompany Transferee Executive or Manager
[ ] L-1B Intracompany Transferee Specialized Knowledge
[ ] O-1 Individuals with Extraordinary Ability or Achievement
[ ] P-1A Internationally Recognized Athlete
[ ] P-1B Member of Internationally Recognized Entertainment Group
[ ] P-2 Performer or Group Performing under Reciprocal Exchange Program
[ ] P-3 Artist or Entertainer Part of a Culturally Unique Program
[ ] Q Cultural Exchange
[ ] R-1 Temporary Religious Workers
[ ] TN NAFTA Professionals
WANGLAW is available to assist employers and their potential temporary workers to obtain available
Temporary Visas to come work in the United States of America.
Other Temporary NON-WORK Visas
U. S. immigration statutes also provide for these types of temporary NON-WORK visas (working under these visas
unless under a specific exception or prior authorization will result in a violation of status and will subject the visitor
to removal and other penalties):
[ ] F Students
[ ] J Exchange Visitors
[ ] B Temporary Visitors for Pleasure or Business.
These visas are both purpose and time limited and do not authorize employment. However, employment may be
permitted in special situations and may require prior authorization. While time limited, some of these visas may be
extended while inside the United States. WANGLAW is available to assist persons interested in studying in or
visiting the United States of America on a temporary basis.
Caveat /Disclaimer: U.S. immigration statutes, regulations and interpretations of these and other federal, state and local law are subject
to change and timely, competent counsel from a qualified legal professional on current and applicable law to particular facts is
indispensable. This website provides information of a general nature and such information cannot pertain to any specific set of facts, and
the provision of information cannot create any attorney-client relationship. For any particular situation, the visitor should obtain counsel
from a qualified legal professional. The publisher reserves the right to amend the contents of this website at any time and for any reason.
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before the Daughters of the
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are life, liberty and the
pursuit of happiness.
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Independence of the
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... He has largely
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Charleston C. K. Wang, Esq.
Immigration and Nationality Lawyers in Cincinnati Ohio USA Serving the World
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