There are five categories of foreign national workers that may seek lawful permanent residence. The categories are referred to as “employment-based” classifications, or “EB”.

• PERM Labor Certifications
• Immigrant Petitions for Alien Workers (Form I-140), including EB-1 Executives and Managers, and Extraordinary Ability aliens
• National Interest Waivers

H-1B Work Visa
The US H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in architecture, engineering, mathematics, science, and medicine. Under the visa a US company can employ a foreign worker for up to six years.

H-2 Work Visa
H2 visas are intended for unskilled or skilled laborers (not professional or degreed employees) to work in the U.S. on a temporary or seasonal basis. They are petition-based visas, meaning that a U.S. employer must submit a request for the workers by obtaining a Labor Certification from the U.S. Department of Labor and receiving the Notice of Approval (I-797) of the petition from the U.S. Department of Homeland Security.

E-1 visas enable foreign nationals to live in the U.S. and conduct trade between the U.S. and the treaty country.
E-2 visas allow foreign nationals to direct and develop a business enterprise in which they have invested or are in the process of investing.
A National Interest Waiver (NIW) petition falls into the employment-based immigration, second preference (EB2) category (As known as EB2 NIW). Normally, a permanent job offer and an approved labor certification are pre-requisites to file an employment-based, second preference immigration petition. However, a National Interest Waiver (NIW) petition requests that the labor certification requirement be waived for the sake of the “national interest of the United States;” thus, allowing an applicant to apply for an NIW immigration petition without a labor certification or a job offer from a U.S. employer.
O-1 Visa

The visa enables people with extraordinary ability in the sciences, arts, education, business, athletics, motion picture or television industry to enter the U.S. for temporary periods of time. The spectrum of eligible individuals in this loosely-defined category also includes chefs, carpenters and lecturers.

The O-1 Visa must be petitioned by a U.S. employer, U.S. agent or foreign employer through a U.S. agent. Your spouse and unmarried children under the age of 21 may join you in the U.S. under O-3 status, but they may not work.

O-2 Visa

O-2 visas are offered to support personnel of O-1 Visa holders in the field of athletics, entertainment, and motion picture and television production. This is not applicable to personnel in the sciences, business, or education.


The P-1 classification applies to you if you are coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

P-2 Visa

The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.

P-3 Visa

The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the U.S. to work temporarily under nonimmigrant TN status.

The following are the requirements to be eligible for the TN Visa:
• The profession must be on the NAFTA list.
• The foreign national must possess the necessary training for that profession.
• The proposed position must be classified as a professional position.
• The foreign national must work for a U.S. employer.