Individuals recognized internationally within their field of expertise may obtain permanent residence based on their contributions. Qualified applicants avoid the delay and expense of the labor certification process necessary in other employment-based categories. However, these cases require significant documentation of sustained international acclaim (Extraordinary Ability), international recognition (Outstanding Researchers), or exceptional expertise that benefits the nation (National Interest Waiver). Read more in the Extraordinary Ability practice section.

Managers or executives of a foreign company who transfer to a subsidiary, parent, branch, or affiliate in the U.S. to continue serving in a managerial or executive capacity may qualify for permanent residence without needing a labor certification. Successful petitions must demonstrate (1) a qualifying relationship between the U.S. and foreign employers, (2) one year of managerial or executive employment with the foreign entity within the three years prior to transferring to the U.S., and (3) a true managerial or executive capacity based on job duties and a sufficient workforce. In most cases, these individuals have already entered the U.S. in L-1A status. Read more in the Multinational Managers & Executives practice section.

Most foreign workers seeking permanent residence must first obtain an approved labor certification through the U.S. Department of Labor (DOL). The online application can only be filed after the employer has taken specified steps to recruit for the position and has failed to find an able, willing, qualified and available U.S. worker. An increased number of applications are being audited by DOL, emphasizing how critical it is for employers to fully document their compliance with DOL regulations before filing the application. Read more in the Immigration for Professionals practice section.

A paid minister entering the U.S. to continue his or her vocation may qualify as a special immigrant. Ministers must be members of a religious denomination with a bona fide religious organization in the U.S. and must prove they have been continuously paid for their work as a minister for at least two years. Other paid workers in religious occupations or vocations may also qualify as special immigrants if certain conditions are met. USCIS is considering new regulations in this category and has already increased scrutiny of religious worker petitions, causing substantial delays in processing. Find out more in the Immigration for Professionals practice section.

U.S. citizens may petition for their children (unmarried and under 21), spouses, and parents. Petitions based on these three relationships are not subject to any visa quotas, allowing the relative to immediately apply for permanent residence. Additional family-based petitions are limited by annual quotas that have resulted in 5 to 20 year wait times in some categories. Family-based petitions may be filed in the following categories: (1) unmarried sons and daughters of citizens; (2a) spouses and children of permanent residents; (2b) unmarried sons and daughters (over 21) of permanent residents; (3) married sons and daughters of citizens; and (4) brothers and sisters of adult citizens.

An approved employment-based or family-based petition allows an individual to apply for adjustment of status to permanent residence in the U.S., or to seek an immigrant visa through processing at a U.S. consulate abroad. Applicants must demonstrate they are admissible to the U.S. and that a visa number is available in their category. In some cases, the adjustment of status application may be filed at the same time as the immigrant petition, along with applications for travel documents and work authorization.

Foreign nationals attending business meetings, conferences, training, and similar activities may apply for a B-1 visitor visa. Applicants must not only show the purpose of their visit, but must also prove they will not engage in productive employment. Evidence of strong ties to the applicant's home country is required to prove the applicant will only be in the U.S. for a brief period. Most business visitors are admitted for no more than 30-90 days at a time. Business visitors from countries participating in the Visa Waiver Program may enter the U.S. for up to 90 days at a time to engage in activities similar to the B-1 classification. Find out more in the Immigration for Professionals practice section.

An individual coming to the U.S. in furtherance of substantial international trade (E-1) or to further a substantial investment in a U.S. company (E-2) may be eligible for a visa based on specific treaties between the U.S. and other nations. E-1 trade must be principally (more than 50%) between the U.S. and the treaty country. An E-2 investor must demonstrate that a substantial investment has been made in a U.S. entity and that the invested funds or assets have been placed at risk. For both E-1 and E-2, the U.S. entity must be at least 50% owned by non-U.S. resident nationals of the treaty nation. An application may be made to the U.S. consulate to qualify the company as an E-1/E-2 employer in order to bring over additional executives, supervisors, or essential employees. Learn more in the Treaty Investors practice section.

Foreign nationals wishing to attend school in the U.S. should first contact the school's admission office and international student office in order to be admitted to the school. A Designated School Official can issue a Certificate of Eligibility for Nonimmigrant (F-1) Student Status (Form I-20) once admission and financial requirements are met. Applicants living abroad must obtain the F-1 visa from the U.S. Consulate by also demonstrating they do not have a current intent to immigrate permanently to the U.S. and have sufficient financial resources. Admissibility and other complex issues may arise during the process, which can best be handled by an experienced immigration attorney. Students may also qualify for work authorization for curricular and optional practical training.

U.S. employers may petition for a foreign worker to enter the U.S. to work in a "specialty occupation." Qualifying positions require theoretical and practical application of highly specialized knowledge, normally associated with obtaining a bachelor's degree in the field. A Labor Condition Application (LCA) must first be filed with the Department of Labor, binding the employer to certain notice, pay, and other working condition requirements. Initial H-1Bs are issued for 3 years, and can be extended for an additional 3 years. Further extensions may be available based on filed labor certifications and approved immigrant petitions. High demand for new H-1B visas has quickly exhausted the annual quota for the past several years. Employers should prepare to file new petitions on the first available date, April 1, in order to be included in a random lottery. Read more in the Immigration for Professionals practice section.

The H-3 trainee visa is available to foreign nationals who are seeking training in any field (except physicians).  The application must be accompanied by a detailed training program and specific certifications from the sponsoring company. The training program must be designed to prepare the individual for a position abroad and is limited to no more than 18 months. To qualify, the applicant cannot already have substantial training or experience in the field, and similar training must not be available in the applicants home country. Participants in an H-3 training program of less than 18 months duration are not subject to any foreign residency requirements. Find out more in the Immigration for Professionals practice section.

Individuals participating in a recognized international cultural or educational exchange program may obtain J-1 visas. Programs are available for scholars, teachers, college and high school students, and other specified fields. J-1 programs are also available for trainees, allowing them to fill internship positions with U.S. employers and institutions. Depending on the exchange program sponsor or the field of training, the individual may be required to return and live in their home country for at least two years before they can apply for a work visa or permanent residence. Find out more in the Immigration for Professionals practice section.

Managers and executives of a foreign company who transfer to a subsidiary, parent, branch, or affiliate in the U.S. to continue serving in a managerial or executive capacity may qualify for L-1A status. The employer must demonstrate (1) a qualifying relationship between the U.S. and foreign employers, (2) one year of managerial or executive employment with the foreign entity within the three years prior to transferring to the U.S., and (3) a managerial or executive capacity based on job duties and a sufficient workforce. Traditional managers who are not front-line supervisors may qualify, as well as individuals managing an essential function of the organization. L-1B visas are also available to workers who hold "specialized knowledge" required for the U.S. position they will fill. Both functional managers and specialized knowledge petitions are highly scrutinized by USCIS. Read more in the Multinational Managers & Executives practice section.

Individuals demonstrating extraordinary ability in the arts, sciences, education, business, or athletics may qualify for an O-1 visa. Artists must be recognized nationally or internationally as prominent in their field. Other fields of endeavor require documentation of sustained national or international acclaim. The petitioning employer or agent must also obtain a written consultation letter from the appropriate peer group or labor organization. Certain support personnel may also qualify for O-2 visas. Find out more in the Extraordinary Ability practice section.

Members of internationally recognized entertainment groups may obtain P-1B visas to enter the U.S. for competitions, events, or performances. Substantial international recognition in the field over a sustained period of time is required, and in most cases, individuals must have been a participating member of the group for at least one year. As with the O-1 category, a written consultation letter is required from the appropriate peer group or labor organization. Find out more in the Immigration for Professionals practice section.

The North America Free Trade Agreement (NAFTA) established the TN visa category for Canadian (TN-1) and Mexican (TN-2) citizens to temporarily work in the U.S. in professional positions identified in the agreement. (Click here for the full list of occupations.) Each entry in TN status can only be for up to one year, but there is no fixed limit on how many times the status can be renewed by re-applying and re-entering. Unless the applicant is changing to TN status in the U.S., an application does not need to be filed with USCIS. Canadians may apply for entry in TN status directly at the port of entry, and Mexicans may apply at the U.S. consulate. Find out more in the Immigration for Professionals practice section.

Permanent residence is not necessarily permanent, and failure to comply with residency and tax obligations may result in abandonment of the green card. Individuals who will be absent from the U.S. for more than one year should first apply for a Re-entry Permit before departing. Permanent residents may also apply to preserve their residency for naturalization purposes if they are employed abroad by the U.S. government, American research institute, a U.S. firm developing foreign trade, or certain public international organizations of which the U.S. is a member. Read more about these issues in the Permanent Residence and Naturalization practice sections.

Individuals who have been permanent residents for five years (three years for spouses of U.S. citizens), have only met one requirement for naturalization. Other eligibility factors include being physically present in the U.S. for at least half the required period (18 months for spouses of U.S. citizens and 30 months for others) and never taking a single trip abroad for more than one year. Military personnel and their spouses may also qualify for expedited naturalization and other benefits. Additional criteria are outlined in the Guide to Naturalization. Applicants should not rely on the brief summaries provided in this publication and should consult an experienced immigration attorney for specific questions regarding naturalization eligibility. Find out more in the Naturalization practice section.

The I-9 Employment Eligibility Verification form has been an essential part of new employee paperwork for over twenty years, but until recently, little attention had been given to enforcing the rules. Immigration and Customs Enforcement (ICE), in connection with other law enforcement agencies, have made worksite enforcement one of the main weapons in the Administration's arsenal against illegal immigration. While in the past, employers may have faced minimal administrative fines for violations, the government is now levying heftier fines and criminal indictments against employers, hiring managers, and business owners. Mr. Mantle advises small and medium-sized businesses on I-9 compliance issues and best hiring practices. Read more in the Employer Consulting practice section.

To help employers comply with employment eligibility verification rules, Immigration and Customs Enforcement (ICE) has developed on online electronic verification program - E-Verify. Participating employers enter key information from the completed I-9 form, and receive prompt feedback on the employee's eligibility for work, based on Department of Homeland Security records and Social Security Administration records. Although the program is still voluntary in most states, several states have passed laws mandating employers to participate in E-Verify. The Administration is currently pushing for mandatory participation for all federal contractors, and is taking additional measures to encourage all employers to participate. Mr. Mantle advises employers on the merits of the E-Verify program, and provides detailed guidance on registration requirements and related issues. Read more in the Employer Consulting practice section.