• Aliens of Extraordinary Ability – for individuals who have extraordinary ability in the sciences, arts, education, business or athletics. In this category, a foreign national may self-petition.

• Outstanding Professors and Researchers – for researchers or professors who are internationally recognized as “outstanding” in a specific academic area.

• Multinational Executives and Managers – for executives or managers who have been employed abroad by a multinational and are being transferred permanently to assume an executive or managerial position in the U.S. subsidiary, affiliate or branch office.

• Members of Professions Holding Advanced Degrees or Aliens of Exceptional Ability

• Advanced Degree Holders – for foreign nationals who have a Master’s degree or its equivalent. This category requires an approved Labor Certification Application, commonly referred to as a PERM application, by which the petitioning employers have proven to the satisfaction of the Department of Labor that there are no minimally qualified US workers available to fill the offered positions.

• Exceptional Ability – for foreign nationals who have a degree of expertise significantly above that ordinarily encountered. Approved Labor Certifications are also required to support petitions in this category unless it is proved that it would be in the national interest for the foreign nationals to be exempt from the Labor Certification requirement. In such cases, a national interest waiver may be requested.

Professionals/Skilled Workers – for foreign nationals who possess baccalaureate degrees or who are members of skilled professions, i.e., those requiring at least two years of experience. An approved Labor Certification Application is required for this category.

As described above, many employment-based immigration petitions must be supported by a Certified Application for Labor Certification (known as a PERM.) We work closely with employers to learn the details about the position which is the subject of the Application, to learn the minimum requirements for the position, to obtain a prevailing wage from the Department of Labor for the position, to guide the employer through all the steps of the mandated recruitment process, to prepare the required supporting documentation for the application and, finally, to prepare and to electronically submit the Application.

E1 - for an individual from a treaty country seeking to come to the United States temporarily to engage in trade of a substantial nature, primarily between the United States and the country of the individual’s nationality. The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items of trade between the U.S. and a treaty country.

E-2 – for an individual from a treaty country seeking to come to the United States temporarily to direct and develop the operations of an ongoing business enterprise in which they, or a corporation which is majority-owned by citizens of the country of which the foreign national is a citizen, has invested, or is in the process of investing, substantial capital. The investment involved must place lawfully acquired, owned and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.

E-3 – for a citizen of Australia coming to the U.S. to be employed in a specialty occupation (defined below.)

H-1B – for a person engaged in a specialty occupation, i.e. a position requiring a minimum of a bachelor degree in a specific field who will be employed in a position requiring that degree. H-1Bs may be admitted to the US for an initial period of three years which may be extended to a maximum of six years. This category also includes fashion models of distinguished merit and ability.

H-2B – for a position that is truly temporary in nature, usually seasonal job or jobs arising from an intermittent or unexpected need. The U.S. Department of Labor must first certify the unavailability of U.S. workers for the position.

H-3 – for a foreign national seeking to attend a trainee program in the U.S. This non-immigrant classification is mostly used by firms and companies working with trainees from a parent or subsidiary abroad wanting to give more and different kinds of work experience to the foreign national. An H-3 trainee cannot receive any graduate medical education or training in the U.S., must demonstrate that the training is not available in their home country, and that training is needed to advance their career outside the United States. The petition must include a highly structured and organized training program that prepares the trainee for a position abroad.

L-1 – for an employee of a multinational company who is being transferred to the U.S. The L-1 employee must have been employed by the foreign parent company or foreign subsidiary of the U.S. petitioning employer in either an executive/managerial capacity (L-1A) or in a position requiring specialized knowledge (L-1B) for at least one of the past three years. The employment in the U.S. must also be in an executive or managerial capacity or in a position requiring specialized knowledge.

O-1 – for a foreign national of extraordinary ability or achievement in the arts, sciences, education, business or athletics or who has a demonstrated record of extraordinary achievement in the motion picture or television industry. O-1 status can be granted for a maximum of 3 years. Some of those in O-1 status have one full-time employer, while many others have numerous different professional engagements over the course of their requested time period. There is no degree requirement for an O-1, and unlike with other non-immigrant statuses, the Department of Labor is not involved here. There is also no lottery and no limit to the number of O-1s that are issued in one year. Those foreign nationals whose work is in arts or entertainment can add related engagements to their petition during their stay in the U.S. without filing an amended petition with USCIS. Foreign nationals cannot self-petition in this category, and will need at least one advisory opinion.

Extraordinary ability in the field of arts means having achieved distinction – a high level of achievement in the arts demonstrated by a degree of skill and recognition substantially above that ordinarily encountered. Extraordinary ability in the fields of science, education, business, or athletics means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor. Extraordinary achievement with respect to motion picture and television productions means a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered.

P-1 – for an internationally recognized athlete or a member of an internationally recognized entertainment group.

P-2 – for a performer or for groups of entertainers or artists performing under a reciprocal exchange program between the U.S. and their home nation.

P-3 – for an artist or an entertainer who is part of a culturally unique program.

R-1 – for a religious worker coming to the United States to work as a minister of religion, or in a religious vocation or occupation. The religious worker must have been a member of a religious denomination having a nonprofit religious organization in the United States for at least two years immediately prior to the filing of the petition.

TN-1 – for certain Canadian and Mexican professionals who seek to enter the United States for the purpose of temporary employment.

The Masliah Firm represents employers in relation to both nonimmigrant and immigrant petitions filed on behalf of current and future employees. We provide advice regarding compliance with the complex regulations promulgated by the U.S. Citizenship and Immigration Services, the U.S. Department of Labor, and the U.S. Department of State. We work closely with employers to understand their corporate structures and business models. This allows us to offer ongoing support and guidance in connection with their immigration matters. We also represent universities, financial institutions, high-end design firms, non-profit organizations, research institutions and other entities and all types of organizations, both for profit and non-profit. We pride ourselves on our detailed knowledge of our corporate clients’ businesses and on our individual approach to their specific immigration needs.