Mr. Levine helps his clients get permission to work either on a temporary basis for non-immigrants, or on a permanent basis for immigrants. A foreign national is required to have a specific non-immigrant or immigrant visa, depending on the kind of work to be performed.
Find more information about the various temporary and permanent employment programs below:
Professionals of Canada or Mexico may work in the U.S. under the following conditions:
The P-2 (Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program) classification applies to artists or entertainers 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. The visa applicant must be an artist entering the United States through a government-recognized reciprocal exchange program. In addition, the applicant must possess skills comparable to those of the United States artists and entertainers taking part in the program outside the United States.
The P-3 (Artist or Entertainer Coming to be Part of a Culturally Unique Program) classification applies to artists and entertainers 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. For a P-3 visa, the artist or entertainer must be coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. In addition, the artist or entertainer must be coming to the United States to participate in a cultural event or events which will further the understanding or development of the art form. The program may be of a commercial or noncommercial nature.
Outstanding Professor or Researcher:
The professor or researcher must demonstrate international recognition for their outstanding achievements in a particular academic field. They must have at least 3 years experience in teaching or research in that academic area. They must be entering the United States in order to pursue tenure or tenure-track teaching or a comparable research position at a university or other institution of higher education.
Multinational Executive or Manager:
The multinational executive or manager must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and the multinational executive or manager must be seeking to enter the United States to continue service to that firm or organization. Their employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
EMPLOYMENT-BASED IMMIGRATION: SECOND PREFERENCE EB-2
Workers may be eligible for an employment-based, second preference visa (EB-2) if they are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089.
Advanced Degree or its Equivalent:
The job the worker is applying for must require an advanced degree and the worker must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
Exceptional Ability:
The worker must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
EMPLOYMENT-BASED IMMIGRATION: THIRD PREFERENCE EB-3
Workers may be eligible for this immigrant visa preference category if they are a skilled worker, professional, or other worker. Third preference petitions must generally be accompanied by an approved, individual labor certification from the U.S. Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I.
Skilled Workers:
Skilled workers are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature. The worker must be able to demonstrate at least 2 years of job experience or training. In addition, the worker must be performing work for which qualified workers are not available in the United States.
Professionals:
Professionals are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are members of the professions. The worker must be able to demonstrate that they possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation. The professional must be performing work for which qualified workers are not available in the United States. Education and experience may not be substituted for a baccalaureate degree.
Other Workers:
This subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature. The worker must be capable, at the time the petition is filed on their behalf, of performing unskilled labor (requiring less than 2 years training or experience) that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
Extraordinary Ability:
The worker must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. The workers achievements must be recognized in their field through extensive documentation. No offer of employment is required.
EMPLOYMENT-BASED IMMIGRATION: SECOND PREFERENCE EB-2
Workers may also sponsor themselves and be eligible for an employment-based second-preference visa if they meet certain requirements:
National Interest Waiver:
Workers seeking a national interest waiver are requesting that the labor certification from the U.S. Department of Labor be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national interest. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
Creating a New Business Enterprise
To qualify, the applicant must:
Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment equal to, at least, 150 percent of the national average.”
Troubled Business
To qualify, the applicant must:
Regional Center Pilot Program
EB-5 requirements for an investor under the Pilot Program are essentially the same as in the basic EB-5 investor program, except the Pilot Program provides for investments that are affiliated with an economic unit known as a “Regional Center.” These investments allow for a less restrictive job creation requirement based upon the creation of “indirect” and “direct” jobs.
To qualify, the applicant must:
A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. The organizers of a regional center seeking the regional center designation from USCIS must submit a proposal showing: