The document outlines pathways for skilled workers to migrate to the United States, primarily focusing on various employment-based immigrant visas such as the EB-1, EB-2 (including NIW), EB-3, and non-immigrant visas like the H-1B, L-1, O, TN, and J-1. It details the eligibility criteria, application processes, and benefits associated with these visas, emphasizing the importance of proper documentation and, in many cases, the value of consulting with an immigration attorney. Key highlights include the flexibility offered by the EB-2 NIW category and the potential for family members to be sponsored for immigrant visas.

1. How Skilled Workers Can Migrate to
United States?
Migrating to the United States as a skilled worker typically involves following specific visa processes and
meeting certain eligibility criteria. Here are some common pathways for skilled workers to migrate to
the USA:
1. Employment-Based Immigrant Visas (Green Cards):
These visas are for individuals seeking permanent residency in the United States based on their
employment qualifications.
a. EB-1 Visa: This is for individuals with extraordinary abilities, outstanding professors or researchers,
and multinational executives or managers.
b. EB-2 NIW Visa: The EB-2 National Interest Waiver (NIW) is a specific category within the Employment-
Based Second Preference (EB-2) visa that allows individuals to seek permanent residency in the United
States based on their exceptional abilities and the national interest they bring to the country.
The EB2 visa process is a multi-step procedure that allows individuals with advanced degrees or
exceptional abilities to obtain U.S. permanent residency. One specific category within the EB-2 visa is the
National Interest Waiver (NIW), which allows individuals to self-petition based on their exceptional
abilities and the national interest they bring to the United States. Here is a general overview of the EB-2
visa process:
Determining Eligibility:
Applicants initiate the process by confirming their eligibility, which is based on possessing an advanced
degree or demonstrating exceptional abilities in a specific field.
Job Offer and Labor Certification (Not Required for NIW):
In standard EB-2 cases, a U.S. employer sponsors the individual with a job offer and labor certification
from the U.S. Department of Labor. Conversely, the EB-2 National Interest Waiver (NIW) allows
individuals to self-petition, waiving the labor certification requirement.
National Interest Waiver (NIW) Criteria:
Aspiring for the EB-2 NIW requires individuals to showcase exceptional ability in their field and prove
that their work aligns with the national interest of the United States. Supporting documentation
emphasizes achievements and unique contributions.
Form I-140 Petition:
The formal application involves completing and submitting Form I-140, Immigrant Petition for Alien
Worker, to the U.S. Citizenship and Immigration Services (USCIS). This includes providing comprehensive

2. supporting documents such as educational credentials, employment history, and evidence of
exceptional abilities.
USCIS Review:
USCIS thoroughly reviews the petition and supporting documentation to ensure alignment with the
eligibility criteria for the chosen EB-2 NIW category.
Consular Processing or Adjustment of Status:
Upon approval of the I-140 petition, applicants can choose between consular processing (for those
outside the U.S.) and adjustment of status (for those already in the U.S.). Consular processing is a
procedure that involves obtaining an immigrant visa at a U.S. consulate or embassy located in a foreign
country, while adjustment of status is the process of applying for permanent residency within the U.S.
Visa Bulletin and Priority Date:
Referring to the Visa Bulletin helps determine when a visa number becomes available based on the
priority date assigned to the I-140 petition. The priority date is established as the date USCIS receives
the I-140 petition.
Adjustment of Status Interview (if applicable):
An adjustment of status interview, if applicable, is attended with USCIS. During this interview, officers
may verify information and assess eligibility.
Green Card Issuance:
Upon approval, USCIS issues a green card, granting permanent residency to the EB-2 visa holder,
concluding the journey through the EB-2 visa process.
It's important to note that the specific documentation requirements and processes may vary based on
the individual's circumstances and the type of EB-2 visa being pursued (NIW or employer-sponsored).
Consulting with an immigration attorney is advisable to ensure accurate completion of the application
and to navigate any complexities in the process.
Benefits of EB-2 NIW Visa:
 Flexibility: The EB-2 NIW offers flexibility by allowing self-petitioning and bypassing the labor
certification process.
 Path to Green Card: Successful applicants can obtain a green card, providing a pathway to
permanent residency in the United States.
Navigating the EB-2 NIW process can be complex, and applicants often seek the guidance of immigration
attorneys to ensure the proper presentation of their case and supporting documentation. The national
interest waiver is granted based on the unique contributions and impact an individual can make, making
it a valuable option for those with exceptional abilities and a commitment to advancing U.S. interests
c. EB-3 Visa: Intended for skilled workers, professionals, and other workers with less than a bachelor's
degree.

3. 2. H-1B Visa:
The H-1B visa is a non-immigrant visa category designed for U.S. employers to temporarily hire foreign
workers possessing specialized knowledge or expertise in fields like information technology,
engineering, and finance. Individuals aspiring to obtain the H-1B visa must secure a job offer from a U.S.
employer. This employer is required to initiate the process by filing a petition with the U.S. Citizenship
and Immigration Services (USCIS) on behalf of the prospective employee. Typically granted for up to
three years, the H-1B visa offers skilled foreign workers the opportunity to contribute their expertise to
U.S. companies, with the option of extension.
3. L-1 Visa:
The L-1 visa is a non-immigrant visa category in the United States, primarily designed for intracompany
transferees. It allows multinational companies to transfer certain employees from foreign offices to their
offices in the U.S. There are two subcategories of the L-1 visa:
1. L-1A Visa: This is for managers and executives being transferred to the U.S. to manage an
organization or a major function of it.
2. L-1B Visa: This is for employees with specialized knowledge related to the company's interests,
products, services, research, equipment, techniques, or management.
To qualify for an L-1 visa, the applicant must have been employed by the foreign company for a
continuous period of at least one year within the past three years. Additionally, the U.S. and foreign
entities must have a qualifying relationship, such as being a parent company, branch, subsidiary, or
affiliate.
The L-1 visa is a useful tool for multinational companies to manage their operations effectively by
transferring key personnel while ensuring the continuity of specialized knowledge within the
organization.
4. O Visa:
The O visa is for individuals with extraordinary ability or achievement in various fields such as science,
education, business, athletics, or the arts.
This visa is suitable for those who have reached the top of their field and can demonstrate sustained
national or international acclaim.
5. TN Visa:
The TN visa is for citizens of Canada and Mexico, and it falls under the North American Free Trade
Agreement (NAFTA). This type of visa allows professionals from these countries to work temporarily in
the United States. To be eligible for the TN visa, individuals must meet specific professional
requirements outlined in NAFTA and secure a job offer from a U.S. employer. This visa is particularly
useful for professionals like scientists, engineers, and computer systems analysts, providing them with
the opportunity to contribute their expertise to the U.S. workforce under the terms of the trade
agreement.

4. It is commonly used by professionals in specific occupations like engineers, scientists, and computer
systems analysts.
6. J-1 Visa:
The J-1 visa is meant for individuals engaged in work-and-study exchange programs. These programs
aim to foster cultural exchange and collaboration. In some J-1 categories, participants might be
obligated to go back to their home country for a specific duration before applying for certain visas like
the H or L visas. This requirement encourages participants to bring back the knowledge and experiences
gained during the exchange to their home countries.
7. Family Sponsorship:
U.S. citizens or permanent residents can sponsor close relatives for family-based immigrant visas.
This pathway allows family members to reunite in the United States permanently.
8. Employment-Based Non-Immigrant Visas (Temporary Work Visas):
Various non-immigrant visas cater to specific employment categories.
Examples include E-1, E-2, and O-1, among others, each designed to meet the needs of particular
employment situations.
It is essential to stay informed about the latest immigration laws and policies, as they may change.
Consulting with an immigration attorney can provide personalized guidance based on individual
circumstances.