Talent Based Immigration In The United States

Immigrant Visas (Permanent Residency)

1. EB-1 Visa (Employment-Based First Preference)
   • EB-1A: For individuals with extraordinary ability in the sciences, arts, education, business, or athletics. This category allows for self-petitioning, meaning the applicant does not need a job offer or employer sponsorship.
   • EB-1B: For outstanding professors and researchers. Requires a job offer and sponsorship by a U.S. employer.
   • EB-1C: For multinational executives or managers. Requires employment by a multinational company and a job offer from a U.S. employer.
2. EB-2 Visa (Employment-Based Second Preference)
   • EB-2 NIW (National Interest Waiver): For individuals with exceptional ability or those whose employment is in the national interest of the United States. This category allows for self-petitioning.
3. EB-3 Visa (Employment-Based Third Preference)
   • For skilled workers, professionals, and other workers. Requires a job offer and labor certification.

Non-Immigrant Visas (Temporary Stay)

1. O-1 Visa
   • For individuals with extraordinary ability or achievement in the sciences, arts, education, business, or athletics. Requires a job offer from a U.S. employer or agent.
2. P Visas
   • P-1: For internationally recognized athletes or members of an internationally recognized entertainment group.
   • P-2: For artists or entertainers performing under a reciprocal exchange program.
   • P-3: For artists or entertainers coming to perform, teach, or coach under a culturally unique program.
3. H-1B Visa
   • For specialty occupation workers. Requires a job offer and sponsorship by a U.S. employer.
4. L-1 Visa
   • For intracompany transferees who work in managerial positions or have specialized knowledge. Requires employment with a multinational company.

Self-Petitioning Visas

Self-petitioning visas, such as the EB-1A and EB-2 NIW, allow individuals to apply for permanent residency without needing a job offer or employer sponsorship. This pathway is particularly advantageous for those who can demonstrate their extraordinary abilities or that their work significantly benefits the United States.

Application Processes

Change of Status vs. Adjustment of Status

Change of Status (COS):

• Applies to individuals already in the United States on a non-immigrant visa.
• Allows them to change to another non-immigrant status without leaving the country.
• The applicant must maintain lawful status throughout the process.

Adjustment of Status (AOS):

• For individuals in the United States who wish to become permanent residents (green card holders).
• Allows them to apply for a green card without returning to their home country.
• Applicants may be eligible for employment authorization and advance parole (travel document) while their application is pending.
• Must have an underlying immigrant visa application. 

Consular Processing

• Used by individuals applying for a visa or green card from outside the United States.
• Requires the applicant to attend an interview at a U.S. consulate or embassy in their home country.
• The process can be longer and may involve additional steps compared to COS or AOS.

Each pathway has its benefits and challenges, and the choice between change of status, adjustment of status, or consular processing depends on the individual’s current location, visa type, and specific circumstances.

Start Today

Navigating the complexities of talent-based immigration can be challenging, but we are here to help. Whether you are seeking an EB-1A or EB-2 NIW visa to self-petition for permanent residency, or need assistance with an O-1, P, H-1B, or L-1 non-immigrant visa, our experienced team is equipped to guide you through every step of the process. From determining eligibility and preparing documentation to liaising with U.S. immigration authorities, we offer comprehensive support tailored to your unique talents and goals.

Don’t let the intricacies of the immigration system stand in the way of your extraordinary abilities and career aspirations. Start your journey today by booking a free legal call with us. Our dedicated attorneys are ready to provide you with personalized advice and help you achieve your immigration goals. Contact us now to find out more about how we can assist you in making your American dream a reality.