US Immigrant and Non-immigrant Visa Options for Computer Professionals, Scientists, Programmers and Engineers: PERM Labor Certification/Permanent Residency Application

Non-Immigration Visas For Computer Professionals and Engineers

Computer professionals, programmers and engineers typically use the H-1B visa option for most employment. While this H-1B classification requires at least a bachelor’s degree, those without one may apply and apply a combination of education and experience to satisfy the degree requirement. Those professionals that are citizens of Canada or Mexico may also pursue the TN visa option. The H-1B visa is preferred however, because the TN visa does not permit dual intent based on which applicants are permitted purse a green card while holding a non-immigrant visa. As such, most computer processionals who enter with the TN visa status seek a change to the H-1B visa status prior to applying for PERM labor certification or permanent residency. The advantage of the TN application is that they are not subject to the H-1B visa caps.

For citizens of Australia, the E-3 non immigrant visa is available and a good option for those who qualify under the H-1B visa standards. Qualified candidates are also able to avoid the H-1B visa cap by using the E-3 classification The O-1 visa is also an option for those highly qualified applicants who are able to demonstrate the stringent requirements for this visa status.

Green Card/Immigrant Visas for Computer Professionals, Programmers and Engineers

Most positions in this field qualify for permanent residency through the EB-3 category. Those candidates with an advanced degree or significant work experience may seek the EB-2 classification so long as the position requires an advanced degree or significant work experience. Applicants under the EB-2 and EB-3 classification typically require a job offer and an approved PERM labor certification. In some instances, the labor certification requirement is waived if the applicant can obtain a national interest waiver by demonstrating that his or her work is in the national interest.

Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. To qualify for an employment based Green Card,  EB-1, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.

Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

• Receipt of major prizes or awards for outstanding achievement;
• Membership in associations that require their members to demonstrate outstanding achievements;
• Published material in professional publications written by others about the alien's work in the academic field;
• Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
• Original scientific or scholarly research contributions in the field;
• Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

Individuals and workers in this category may apply for various non-immigrant visas such as, H-1B, O-1 for the duration of their employment or projects.  They may also pursue green cards based on Labor Certification or National Interest Waiver depending on the nature of their work and qualifications.

Certain people in this category may be exempt from the H-1B cap that applies to other professionals. 

Nurses, Physicians and Other Health Care Workers-US Immigrant and Non-immigrant Visas

Health-care workers have a variety of visa options available to them. Due to the shortage of certain health-care professionals, the visa and permanent residency process has been streamlined for them. For example nurses and physical therapists and similar professions may obtain permanent residency without going through the labor certification process. Similary, physicians who work in underserved areas may obtain green cards without first applying for labor certification. J-1 visa holders who have obtained a waiver are also not subject to the cap on H-1B visas. In some instances, they may file to change their status even though their J-1 visas have expired during the waiver process.

Please review our physician information center for information concerning the hiring of foreign medical graduates. Additional information is available for the hiring of nurses and other health care workers.