Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process. The labor certification involves a testing of the job market to demonstrate that the potential visa holder is not taking a job away from a U.S. worker. In cases where an individual can show that his entry is in the nation’s interest, the job offer and labor certification requirements can be waived.

Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process.

Ministers of religion are eligible for permanent residency.

Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises that create employment for ten thousand qualified individuals. There are two groups of investors under the program – those who invest at least $500,000.00 in “targeted employment areas” (rural areas or areas experiencing high unemployment of at least 150% of the national average rate) and those who invest $1,000,000 anywhere else. A person may also invest through a regional center where he can show job creation directly or indirectly.

Professional workers with at least a bachelor’s degree (or its equivalent work experience) may be eligible for a non-immigrant visa if their employers can demonstrate that they are to be paid at least the prevailing wage for the position.

Persons coming to the U.S. in an approved exchange program may be eligible for the J-1 Exchange Visitor’s visa. J-1 programs often cover students, short-term scholars, business trainees, teachers, professors and research scholars, specialists, international visitors, government visitors, camp counselors and au pairs.

L-1 visas are available to executives, managers and specialized knowledge employees transferring to their employer’s U.S. affiliate, parent or subsidiary. Executives and managers holding L-1 visas may be eligible for permanent residency without the need for a labor certification.

The O-1 category is set-aside for foreign nationals with extraordinary ability. Persons with extraordinary ability in entertainment, business, athletics and science may qualify.

This category covers professional athletes, artists and entertainers.

Religious workers may be eligible for an R-1 visa if they were a member of the religious denomination for at least 2 years immediately proceeding their entry, they are coming to work at least 20 hours per week, and they are coming to perform a religious vocation or occupation.

A special category has been set up for nationals of Canada and Mexico under the provisions of the North American Free Trade Agreement (NAFTA), who seek to be employed in the U.S. in certain categories designated under the treaty.