© 2004 By Default!
iCanada Direct Immigration
Services Inc.
Are Pleased to
Announce that we
are Now Offering
US Immigration
Services
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© 2004 By Default!
iCanada Direct Immigration
Services Inc.

Your Immigration Solution
 www.iCanadaDirect.Com
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© 2004 By Default!
iCanada Direct Immigration
Services Inc.
 Helping you meet challenges and seize
opportunities
 iCanada Direct Immigration Services Inc.
 1037 McNicoll Ave, Suite 200B
 Toronto, Ontario
 M1W 3W6
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Visa Categories
 Employment-based visas
 Family-based visas
This presentation will emphasize
US Employment-based visas
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EMPLOYMENT BASED (EB)
IMMIGRANT VISA
CATEGORIES
AND
THE INVESTOR (E) VISA CATEGORIES
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EMPLOLYMENT-BASED
VISAS
Generally, a U.S. job offer is essential for
employment based visas.
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EMPLOYMENT-BASED VISAS
Employment Based Preferences for
Permanent Resident Status
 -EB-1 Priority Worker – no labor
certification required
 -EB-2 Advanced degree professionals &
aliens of Exceptional Ability (National
Interest waiver option)
 -EB-3 Professional, Skilled and Unskilled
Workers
 -EB-4 Special Immigrants (re-acquisition
of citizenship & religious workers)
 -EB-5 Employment creation (Investors)
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EB-1A: EXTRAORDINARY ABILITY
 Standard – a level of expertise indicating
that the beneficiary has risen to the top of
the field of endeavor
 Must demonstrate sustained national or
international acclaim and recognition in
the field of expertise
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EB-1B: OUTSTANDING
PROFESSORS AND
RESEARCHERS
 Outstanding professor or researcher in an
academic field
 Foreign national must have three years
experience teaching and/or research
 Non-university employer must show that it
employs at least three full time
researchers and has accomplishments in
the academic field
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EB-1C: MULTINATIONAL
MANAGERS & EXECUTIVES
 Similar to L-1A except job abroad must
have been in executive or managerial
position (not specialized knowledge)
 Employer abroad and in U.S. “commonly
owned and controlled”
 Manager/executives employed with
company abroad for one year out of past
three
 Will fill management or executive position
in U.S.
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EB-2: ADVANCED DEGREE
PROFESSIONALS AND
EXCEPTIONAL ABILITY
 Advanced degree = master’s degree or
higher
 Exceptional Ability may be non-degreed
-less stringent than Extraordinary Ability
 Labor certification required unless
National Interest Waiver obtained
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EB-2: ADVANCED DEGREE
PROFESSIONALS
 Certified position must require a Master’s
or higher degree or foreign equivalent
degree
-Master’s equivalence: Bachelor’s degree
+ 5 years progressive experience in the
field
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EB-2: ADVANCED DEGREE
PROFESSIONALS
 If relying on Bachelor’s degree + 5 years
experience:
-Foreign national must have U.S.
Bachelor’s degree or foreign equivalent + 5
years post Bachelor’s experience
- Foreign national cannot satisfy
Bachelor’s degree requirement with
equivalent that is based upon education +
experience
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EB-2: EXCEPTIONAL ABILITY
SCHEDULE A
 Job Offer required
 Available to qualified nurses and physical
therapists
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EB-2 NATIONAL INTEREST
WAIVER
 No job offer required
 Advanced degree or exceptional ability
 Waives Labor Certification requirement
 Will do work in the national interest of the
United States
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EB-3 Skilled Workers
 Professionals = Bachelors degree or
higher
 Skilled Workers = at least 2 years of
training or experience
 Other workers = less than two years
experience
 Requires Labor Certification/job offer
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EB-4 Special Immigrants
 Those who are returning permanent
residents and those seeking reacquisition
of citizenship
 Religious Workers
– Must be a member of a religious
denomination having a bone fide,
nonprofit religious organization in the
U.S.
– Will carry on vocation as a minister OR
work in a professional capacity for the
religious organization
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EB-5 Alien Entrepreneurs
 Immigrant Petition filed by the immigrant
investor on his or her own behalf
 Entering for the purpose of engaging in a
new commercial enterprise
– Invested in by the foreign national
($1,000,000, or sometimes $500K)
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“New” Commercial Enterprise
 Creation of an original business on or after
November 29, 1990
 Purchasing an existing business and
restructuring it so that a new one results
(more than just a change in form of
business such as from proprietorship to
corporation)
 Expanding existing business by at least
40% of net worth or number of employees
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Investment by Foreign National
 Generally requires $1,000,000
 However, only $500,000 in rural or low
employment targeted areas if invested in
existing “regional centers” government
approved safe investment groups.
Investment also provides financial return.
Money is not lost.
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Nonimmigrant Visa Categories
 Employment visas based on a job offers
for a temporary period of time from 3
months to 7 years.
 Often transition into permanent
(immigrant) visas
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E-1 Treaty Trader
 E-1 Classification is for Treaty Traders
entering the United States solely for the
purpose of carrying on trade between the
United States and the Treaty country
 Trade may include goods, services, or
technology
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E-2 Treaty Investor
 E-2 Classification is for the Treaty
Investors entering the United States solely
to direct the operations of an enterprise in
which s/he has invested or is investing
 Investment must be substantial
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E-2 Treaty Investor
 E-2 Classification is for Treaty Investors
entering the United States solely to direct
the operations of an enterprise in which
s/he has invested or is investing
 Investment must be substantial
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E-1 & E-2 Threshold Requirements
 Requisite Trade or Investment Treaty
Exists – Always check the Foreign Affairs
Manual
 Business Concern has nationality of the
Treaty Country
 Beneficiary has nationality of the Treaty
Country
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E-1,E-2
Nationality
 The Nationality of a Business is
determined by tracing the ownership back
to the individual owners.
 For publicly-traded companies which are
traded only on the stock exchange in the
Treaty Country, it is presumed the
company holds the nationality of the
Treaty Country
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E-1 Trade Requirement
 Trade Items: goods, services, international
banking, insurance, monies,
transportation, communications, data
processing, advertising, accounting,
design and engineering, management
consulting, tourism, technology, and some
news gathering activities
 Trade requires existing international
exchange
 Trade must be substantial
 Trade must be principally between U.S.
and the Treaty Country
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E-1 Substantial Trade Requirement
 Substantial trade is an amount of trade
sufficient to ensure a continuous flow of
international trade items between the U.S.
and the Treaty Country
 Numerous transactions over time.
 A single transaction won’t suffice, no
matter what the monetary value.
 No minimum volume or monetary
requirement for each individual transaction
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E-1 Principal Trade Requirement
 E-1 Status is for those engaged in trade
principally between the United States and
the Treaty Country of which the beneficiary
is a national
 Trade is principally between the United
States and the Treaty Country where more
than 50% of the international trade volume
of the treaty trader is conducted between
the United States and the Treaty Country.
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E-1 International Exchange
Requirement
 Trade is existing if binding contracts have
been negotiated.
 International exchange requires that the
title to trade items pass between the Treaty
Country and the U.S.
 Exchange must be traceable and
identifiable.
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E-2 Requirements
 To support an E-2 visa, an investment
must be: -Active
-Substantial
 To support an E-2 visa, an enterprise must
be: -Real and Operating
-More than marginal
 To support an E-2 visa, a beneficiary must
be -If the owner, develop and direct the
enterprise
-If employee, serve as an executive,
Manager, or Essential Employee
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E-2 Active Investment Requirement
 Investment is placing capital at risk with
the objective to earn a profit
 Capital must be under control of the treaty
investor
 Investment must be irrevocably committed
to the enterprise and subject to loss if the
enterprise fails
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E-2 Substantial Investment
Requirement
 Amount invested must be substantial in
relationship to the total cost of purchasing
an established enterprise or creating a new
one of the type contemplated
 Amount invested must be sufficient to
ensure the Treaty Investor’s financial
commitment to successful operation of the
enterprise
 Amount must be sufficient to support the
likelihood that the Treaty Investor will
successfully direct and develop the
enterprise
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E-2 Real Enterprise Requirement
 Enterprise must be real, active, &
operating commercial or entrepreneurial
undertaking
 Enterprise must produce goods for service
or profit
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E-2 “More than Marginal”
Requirement
 Must be able to generate more than
minimal income for Investor or family, or
 Must have capacity to make a significant
economic contribution.
 Projected capacity should be attainable
within five years.
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E-1/E-2 Employees
 Employees may qualify if:
 The employer:
-Holds E-1/E-2 Status
-Would qualify to hold E-1/E-2 Status; or
-Is an organization majority owned by
those who would qualify
and
 The employees will:
-Serve as Executive
-Manager; or
-Essential Employee
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E-2 “Develop or Direct”
Requirement
 A beneficiary seeking investor status (or
for employees, the owner) must
demonstrate ownership or operational
control of the enterprise
 A 50%-50% Joint Venture or partnership
will meet this requirement because of the
de facto veto power.
 Less than 50% generally will not meet the
requirement
 Must develop or Direct the organization
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Executive or Manager
 Position must be principally & primarily executive
or supervisory
 Position must provide employee with ultimate
control & responsibility for overall operation or
major component
 Position
-Policy-making
-Supervising professional & supervisory
personnel
-Not supervising low-level employees
-Salary and title fit with executive or managerial
position
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E Essential Employee
 Essential employees have special
qualifications which are essential to
successful or efficient operation of the
enterprise
 Considerations:
-Degree of proven expertise
-Uniqueness of skill or aptitude
-Length of experience of training with the
treaty enterprise
-Relationship of skills to nature of the
enterprise
-Whether the skills are readily available in
the United States
-Salary
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L-1 Intra-Company Transferee
 An intra-company Transferee is an
individual who:
- Within the previous three years was
employed abroad
for one continuous year
- With a qualifying organization
- Coming temporarily to the United States
- To work for a parent, subsidiary, or
affiliate company
- In a managerial, executive or specialized
knowledge
capacity
- Six months previous employment if
entering under L blanket petition
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Executives
 Direct the management of the organization
or major component or function of the
organization
 Establish goals and policies of the
organization, component, function
 Exercise wide latitude in discretionary
decision-making
 Receives only general supervision from
higher level executives, Board of Directors,
or shareholders
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Managers
 Manage organization, function, or
component of organization
 Supervise and controls the work of other
supervisors or professionals or manages
an essential function or department or
subdivision
 Have authority to hire and fire, or functions
at senior level within organization or with
respect to the function, manages
 Exercises discretion over the day-to-day
operations of the activity or function
managed
 Excludes first-line supervisors
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Specialized Knowledge
Professionals
 Have specialized knowledge of the
petitioning organization’s product, service,
research, equipment, techniques,
management or other interests and its
application in international markets, or
 Have an advanced level of knowledge or
expertise in the organization’s processes
and procedures
 Essentially must have some proprietary
knowledge of the company, its unique
products or services
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Work Authorization for L-2 Spouse
 Spouse of L-1 nonimmigrant may apply for
employment authorization
 Not authorized to work until Employment
Authorization Document (EAD) is received
 Does not apply to other L-2 dependents
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Other Visas for Business
Purposes
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H-1Bs
 Person in a specialty occupation, or
 Fashion model of distinguished merit and
ability
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H-1B Eligibility
 Application of a body of highly specialized
knowledge
 Bachelor degree or higher or equivalent is
required for entry into the occupation in
U.S.
 U.S. employer
 Permanent position to be filled temporarily
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Must Meet Criteria of Professional
Position
 BA/BS or equivalent normally minimum for
position
 Degree requirement is common in industry
in parallel positions or that position so
complex degree is required
 Nature of duties so complex that needs
knowledge at BA/BS level
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Must be a Professional
 BS/BA or equivalent
 Role of credentials evaluations
 Specialty occupation for computer
professionals
– There is a rapid and ongoing evolution
in computer jobs
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H-1B & Labor Condition
Application
 Employer must attest to conditions of
employment and pay prevailing wage.
 File documents with DOL before filing
petition
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Quota/Cap issues
 Limited Availability per year
 Has run out several times at current levels
 Six year max
 Incremental extensions
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H-2s
 H-2As: Agricultural workers
 Temporary intent/labor
 Demonstrate that no US workers are
available until at least halfway through
contract
 Agriculture jobs
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H-2Bs
 Temporary/seasonal/peak/one-time need
 Temporary intent
 Must demonstrate unavailability of US
workers. File temp. labor certification
 No adverse effect on wages/working
conditions/no labor dispute
 Limited visa availability
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Os: the Extraordinary Ability
Worker
 Extraordinary ability in the arts, sciences,
education, business, or athletics
 Demonstrate major award or at least 3
other criteria (awards, original work,
scholarship, etc.)
 May require consult with “peer group”
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Ps: Professional Entertainers,
Athletes, Teams
 P-1s: Athletes or group entertainers with
international recognition
 P-2: Reciprocal exchange of artists,
entertainers
 P-3: Essential support personnel
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Additional Work/Study Visas
 Visitors for Business and Pleasure – B1/B2
(no employment permitted)
 J-1 Exchange Visitors – various categories
provide for employment opportunities
 Academic and Vocational Students-
F and M—requires enrollment in an
educational institution
 Fiancées –K1
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Visitor for Business – B1
 Eligibility requirements
– Purpose of trip is for business
– Plan to stay for specific, limited time
period
– Employed or self employed abroad
– Paid from abroad
- Value of activities accrue to foreign
employer
- May have expenses paid by US entity
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Examples of B-1 Activities
 Consult/attend meetings at U.S.
corporation
 Conventions, conferences, or seminars
 Litigate
 Conduct research
 Negotiate contracts or buying and selling
 Install, service, or repair equipment
 Professional athletes playing in
tournaments, events, and competitions
 Religious activities
 Personal or domestic employees coming
with family
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Visitors for Pleasure – B2
Tourist Visa
 Eligibility Requirements
-Legitimate activities of a recreational
character - tourist
-Foreign residence and intends to leave
U.S. at end of specified, temporary period
-Permission to enter another country at
end of temporary stay
-Adequate financial arrangements to carry
out purpose of visit and departure
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Visitor for Pleasure B-2
 Maximum initial admissions period is six
months
 No change of status to student unless
stated intent at time of admission (B
“Prospective Student”)
 Employment prohibited
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Examples of B-2 Activities
 Tourism or visits to family or friends
 Medical Treatment
 Attending conventions, conferences, or
events for fraternal, social or service
organizations
 Amateur athletes and entertainers (no
compensation)
 Brief, incidental study (recreational or
vocational education)
 Household members and domestic
partners
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Students – F and M
 Students attending authorized school and
making continued progress towards
educational goal
 SEVIS – Student Exchange Visitor
Information System tracks students
 DSO – Designated School Official issues
Form I-20 required for visa
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F-1 Academic Studies
 Eligibility Requirements
– Nonimmigrant intent
– Pursue full course of study at approved
academic institution
– Adequate financial arrangement to pay
tuition and cost of living
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F-1 Academic Students
 May transfer to new school or academic
program
 Employment permission is limited:
-On campus employment of 20 hours/week
or less
-Off campus employment based on severe
economic hardship
-Curricular practical training permitted
-Optional practical training—typically
available at completion of studies for one
year. Must apply for an Employment
Authorization Document.
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K-1 Fiance(e)
 Permits fiancée of U.S. Citizen to enter U.S.
for 90 day period to marry petitioner
 Eligibility Requirements
-Petition approved by USCIS
-Previously met in person within two years
of filing date of petition (or waiver)
-Bona fide intent to marry
-Legally able and willing to marry within 90
days of arrival
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K-1 Fiancée's
 File K-1 petition and supporting
documents
 The visa process at U.S. Consulate
 Admission to the U.S. and adjustment of
status
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Q Cultural Exchange Visitors
 Q-1- cultural exchange program to provide
practical training, employment and sharing
of history, culture, traditions
-Limit 15 months
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Q-1 Cultural Exchange Visitors
 Q-1- cultural exchange program to provide
practical training, employment, and
sharing of history, culture, and traditions
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Q-1 Cultural Exchange Visitors
 Eligibility requirements:
-nonimmigrant intent
-18 years of age
-Qualified to perform services/receive
training
-Ability to communicate cultural attributes
to U.S. Public
-Employer actively conducting business in
U.S.
Cultural Exchange Program open to the
public
Same wages/working conditions as domestic
workers
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J-1 Exchange Visitors
 Program administered by the U.S.
Department of State’s (DOS) Bureau of
Educational and Cultural Affairs (ECA)
through the Office of Exchange
Coordination and Designation (ECD)
 ECD has two Divisions
-government and academic programs
-private sector programs
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J-1 Academic/Gov. Programs
Many categories of J-1 visas
 Post-secondary Students,
College/University
 Secondary Students
 Short-term Scholar
 Teacher
 Professor and Research Scholar
 Specialist
 International Visitor
 Government Visitor
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J-1 Private Sector Programs
 Trainee – offered a trainee/internship
– 18 months maximum
 Summer Work/Travel
 Alien Physician
 Camp Counselor
 Au Pair and EduCare
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J-1 Exchange Visitors
 Eligibility requirements
– Nonimmigrant intent
– Participation in exchange program by
the DOS
– Sufficient funds to cover expenses
– Sufficient knowledge of English for
program
Admission for duration of status (“D/S”)
-Maintaining status
-30-day grace period
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J-1 Exchange Visitor
 Reinstatement to Valid Program status
 Transfer of sponsors
 Extensions of Stay
 Change of Category
 Employment
 J-2 Spouses and Minor Children
– Employment authorized
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J-1 2 Year Home Residency
Requirement INA 212 (e)
 Who is subject to mandatory 2 year return
home requirement---3 groups:
- those whose programs are financed by
home government---government of last
residence or US government
- those subject to “Skills List” published
by DOS
- those receiving Graduate medical
education or clinical training (physicians
and others) sponsored by ECFMG
No change of status or adjustment of status
permitted without a waiver
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J-1 INA 212(e) Waivers
 Basis for waivers
-”No objection statement”
- Exceptional hardship
- Interested Government Agency
- Requests by a state’s Public Health
Department
- Specific groups Granted Waivers
 Waiver Procedure with DOS
 J-2 dependents subject to 212(E)
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H-1B Visas for Computer
Professionals
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Specialty Occupations for
Computer Professionals
 Rapid and ongoing evolution in computer
jobs
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Evidentiary Standards
 Cumulative evidence
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Evidentiary Standards
 Showing that a particular position is a
specialty occupation
-Qualifications of predecessors in the
same job?
-Alien’s supervision of other professionals
-Alien’s coursework or experience that
may equip him/her for the job
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Unrelated Degrees
 Focus on the job and employers at hand,
not the field in general
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E Visas for Computer
Professionals
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Possible E Visa Advantages
 No petition requirement
 No numerical cap
 No statutory limit on stay
 “Leveraging” duration of stay on an E Visa
 Less government regulation
 Transferability with a corporate group
 Proposed legislation to restrict the
“outsourcing” of L-1s has not included Es
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E Visa Eligibility
 Treaty
 Substantial Trade or Investment
-Not all countries have treaties; e.g., no
treaty for India, China, New Zealand, South
Africa
-Not all treaties authorize both E-1 and E-2
 Nationalities of employer and employee
must “match”
 Employee’s role- executive, supervisory or
essential skills
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Trade for E-1 Eligibility
 Includes services and technology
– Defined even more broadly by CIS to
include data processing, design and
engineering, etc.
 Must be in existence
-Binding contracts for immediate trade
may suffice
 Must be substantial
– Multiple and continuous transactions
 Must be more than 50% between treaty
country and U.S.
-Make sure that trade is international
instead of domestic
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Substantial Investment for
E-2 Eligibility
 IT Companies not normally capital-
intensive
 Proportionality
– Substantial in relationship to total cost
or either purchasing an existing
business or creating a new one
– Inverted sliding scale – the lower the
total cost of the business, the higher the
investment must be
 Walsh v. Pollard, Int. Dec. 3111 (BIA 1998)
may help certain IT businesses but not
those labeled as “job shops”
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Employee’s Role
 Executive or supervisory
-Supervisory means primarily having
responsibility for a significant proportion
of operations
-Doesn’t generally involve direct
supervision of low-level employees
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Employee’s Role – cont’d
 Special qualifications making employee
essential to efficient operation of the
business
-Degree of employee’s proven expertise
-Uniqueness of skill
-Length of experience
-Period of training to perform job offered
-Salary
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L Visas for Computer
Professionals
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L Visa Politics
 Layoffs and jobless Recovery
 Outsourcing and Off shoring
 Aftermath of corporate scandals
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Managerial Capacity
 L Manager on IT project may qualify as L
manager
 See definition of “manager”
 “A first-line supervisor is not considered
to be acting in a managerial capacity
merely by virtue of the supervisory duties
unless the employees supervised are
professionals.”
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Specialized Knowledge Capacity
 “The common theme which runs through
these examples is that the knowledge
which the beneficiary possesses, whether
it is knowledge of a process or a product,
would be difficult to impart to another
individual without significant economic
inconvenience to the United States or
foreign firm. The knowledge is not
generally known and is of some
complexity.”
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Specialized Knowledge
 Different or uncommon but not necessarily
proprietary or unique.
 Advanced but not necessarily narrowly
held in company.
 Normally gained only with employer
abroad.
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Alien Physicians: Nonimmigrant Visa
Options for Training or Research
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Nonimmigrant Categories to
Consider for Alien Physicians
Engaged in Training or Research
 J-1
 H-1B
 TN (Canadian & Mexicans only)
 F-1 (OPT- practical training)
 J-2 (Spouse with EAD)
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Graduate Medical Training
 Alien physician coming to the U.S. for
graduate (post-M.D. degree) training in
medical residency or fellowship programs
generally utilize either J-1 or H-1B visa
categories
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J-1 for Graduate Medical Training
 Educational Commission for Foreign
Medical Graduates (ECFMG) sponsors all
J-1 physicians in graduate medical training
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ECFMG Certification Requirements
 ECFMG issues Certificate for International
Medical Graduates (IMGs)
– Graduate of medical school listed in
International Medical Education
Directory of FAIMER
– Passage of U.S. Medical Licensing Exam
(USMLE) Step 1 (basic science) and Step
2 (Clinical Knowledge/CK)
– English Proficiency – TOEFL
– Passage of ECFMG’s Clinical Skills
Assessment
– Will incur 2 year foreign residency
requirement
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H-1B for Graduate Medical Training
 All elements of ECFMG certification
 Passage of USMLE Step 3
 State License (typically resident
registration)
 H1-B sponsorship by medical institution
providing training
Note: aliens who graduate from U.S. medical
schools need only show state licensure
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J-1 Visa for Non-clinical Training or
Research
 Alien physicians may be sponsored
through the exchange visitor program by a
U.S. university or academic medical center
for purposes of observation, consultation,
teaching or research
-No testing or ECFMG certification
requirements
-Incidental patient contact may be allowed:
requires “5-point letter” from sponsor per
22 CFR 62.27 (c)(1)(ii)
-Current maximum is 3 years
-Commonly used for research fellowships
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Other Non-clinical Visa Options
 TN, for teaching or research only (requires
M.D., or state or provincial medical license)
 H-1B, where coming primarily to teach
and/or conduct research for a public or
nonprofit private educational or research
institution (must have medical license
abroad or U.S. M.D. degree)
*only incidental patient care permissible
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Other Visa Options
 F-1 Optional Practical Training (training,
research or clinical) -Provides a
convenient bridge from U.S. medical
school to eventual H-1B
 J-2 EAD – available to spouses of J-1
Exchange Visitors (training, research or
clinical)
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Chefs and the Hospitality
Industry
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Nonimmigrant Visas For Chefs
 B-1 Visitor for Business
 E-2 Treaty Investor
 H-1B Specialty Occupation Worker
 J-1 Exchange Visitor
 L-1 Intra-Company Transferee
 O-1 Alien of Extraordinary Ability
 Cultural Exchange
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Nonimmigrant Visas for Hospitality
Industry Workers
 E-2 Treaty Investor
 H-1B Specialty Occupation Worker
 J-1 Exchange Visitor
 L-1 Intra-company Transferee
 O-1 Alien of Extraordinary Ability
 TN TN Trade NAFTA
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H-1-B Specialty Occupation
 Qualifying as a “specialty occupation”
(chefs)
 Degree requirements
 Degree equivalency: education +
experience
 Teaching or lecturing at a university or
culinary school
 The science of food preparation and
nutrition
 Individual restaurant v. international hotel
or restaurant chain
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E-2 Investor/Restaurant
Entrepreneur
 Capital requirements needed to start a
restaurant ($200,000 +)
 Managing the organization
 Essential skills positions
 Training U.S. Workers
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J-1 Chef Trainees
 Approved J-1 programs
 Transition from J-1 to O-1 or F-1
 University or culinary institute programs
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O-1 Executive and Sous Chefs of
Extraordinary Ability
 Culinary arts
 Evidentiary requirements
 Opening a new restaurant
 The age factor
 Model letters of reference and
recommendation
 Petitioner’s supporting statement
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Q-1 International Cultural Exchange
 Exchange of culture and heritage
 Beneficiary qualifications and
requirements
 Program requirements
 Ethnic business connection
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Immigrant Visas and Permanent
Resident Status for Chefs
 Executive chefs and sous chefs of
extraordinary ability (EB-1)
 Multinational Managers and Executive
Chefs of International corporations
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Immigrant Visas and Permanent Resident
Status for Hospitality Industry Workers
 Multinational Manager/Executive of
Restaurant or Hotel
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E-2 Investor/Restaurant Manager
 Capital requirements ($200,000+)
 Marginality issue
 Develop and direct requirement
 Management of the organization
 Essential skills positions
 Employee of a principal E-2 investor
 Training U.S. workers
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H-1B Restaurant, Hotel Management
and Related Positions
 “Professional” positions and “specialty
occupations”
 Industry standards and degree
requirements
 Complexity of the position/position
description/supervisory responsibilities
 Foreign degree equivalency/experience
equivalency
 University programs in Restaurant and
hotel management
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J-1 Restaurant or Hotel
Management Trainees
 Scope of training and the ability of a
restaurant or hotel to offer a structured
program
 Credentials of trainee
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L-1 Restaurant or Hotel Managers
 International hotel chains
 “Functional” management of hotel
operation's; supervisory responsibilities
 International celebrity chef restaurant
“empires”
 Management employees of
chef/entrepreneurs
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O-1 Restaurant or Hotel Managers
and Related Positions
 International stature and reputation of
hotel or restaurant
 Internationally known restaurant or hotel
management and design consultants
 Experience requirements
 Peer group consultation
 Salary or compensation
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Restaurant and Hotel Managers
 Eligibility for employment based
preference status
 Multinational hotel and restaurant
organizations
 Qualifying employment
 Managerial and executive positions
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Immigrant Visa Petitions and
Processing:
Family, Special Immigrant,
Diversity Visa Lottery
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Categories of Family Relationships
 Immediate relatives – spouses, unmarried
children and parents of United States
Citizens
 Preference Immigrants
-1st- unmarried sons and daughters of
USCs
-2A-spouses and children of Lawful
Permanent Residents (LPRs)
-2B unmarried sons and daughters of
LPRs
-3rd-married sons and daughter of USCs
-4th-siblings of USCs
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Immediate Relatives
 Qualifying Relationships
– Spouse of USC
– Unmarried children under age 21
– Parent of USC son or daughter (over 21)
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Preference Immigrants
 Qualifying relationships
– Family relationships determine the visa
category and availability.
– For example, spouse and child of U.S.
Citizens are eligible for a visa
immediately, while the spouse and child
of a lawful permanent resident have a
greater delay and are subject to the
preference system
– Other relationships, under the
preference system (children over age 21,
siblings, etc. are required to wait for an
available visa).
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Additional Information
 For more information on these and other visa
categories, contact
 Nicholas Dimitrakopoulos, Hons B.A. CCIC,
Owner, President and Chief Consultant of
iCanada Direct Immigration Services Inc. at
www.iCanadaDirect.Com
Or E-Mail
[email protected]
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