US Work Visa from Philippines

EB-1: Priority Workers and Persons of Extraordinary Ability

The US gives its first preference to professionals with extraordinary abilities in the most in-demand fields, and you must demonstrate a history of notable achievements and awards.

There are three EB-1 subcategories, each with different specific criteria:

• EB-1A: persons with extraordinary ability – does not require a job offer
• EB-1B: outstanding professors and researchers – must have a suitable employment offer
• EB-1C: executives and managers within select areas – must have a suitable employment offer

EB-2: Persons of Exceptional Ability or Professionals with Advanced Degrees

This second preference visa category requires you to have a US Department of Labor-approved certification and to hold an advanced degree or be a person with exceptional ability. Exceptional ability means having expertise slightly above the norm within the available talent pool, while extraordinary ability requires sustained national and international acclaim for your work.

You’ll need to select the most appropriate of three EB-2 visa categories when making your application:

• EB-2A – advanced degrees
• EB-2B – exceptional ability
• EB-2C – National Interest Waiver (NIW)

The final subcategory does not require a job offer for you to make an application. You’ll be able to self-petition in certain circumstances if you have exceptional ability or advanced degrees in sciences, business, arts, or athletics.

EB-3: Skilled Workers, Professionals, and Other Workers

The EB-3 visa category requires you to have a Department of Labor certification and a job offer from a US employer willing to make a petition on your behalf. The three EB-3 visa sub-categories are:

• Skilled workers: you are entering a position that requires at least 2 years of training or equivalent experience
• Professionals: holders of a US bachelor’s degree or the foreign equivalent
• Other workers: unskilled labor requiring under two years of experience

EB-4: Special Immigrant Visas

The US government lists the following types of Filipino workers as potentially eligible for an EB-4 visa:

• Religious workers.
• Special immigrant juveniles. This applies to individuals who have been abused, neglected, or abandoned in the US
• Selected broadcasters
• Retired officers or employees of a G-4 international organization or NATO-6 civilian employees
• Employees of the US government abroad
• Members of the US armed forces
• Panama Canal Company or Canal Zone government employees
• Certain licensed physicians who have been practicing medicine in a US state
• Foreign nationals who supplied information to aid in investigations into criminals or terrorists

Special immigrant visas do not require a job offer or petition from a prospective employer. You can make a petition on your own behalf.

EB-5: Immigrant Investor Visa

To meet the EB-5 eligibility criteria, you must match or exceed the minimum investment of $1,050,000. This is reduced to $800,000 if the investment is in a targeted employment area (TEA). These are rural areas or areas with unemployment rates at least 150% of the national rate. Infrastructure project investment in a TEA also qualifies.

Further requirements include that investments in a pre-existing business must increase the total net worth or the number of employees by 40%.

Investment in a troubled business must be in an enterprise that existed for your full-time employment two years prior to your priority date, and the business must have shown a net loss for 12 to 24 months during this time.

Direct investment resulting in conditional permanent residency must also directly create ten qualifying jobs with the enterprise itself as the employer of record. Achieving this goal could allow you to get unconditional permanent residence; a Green Card with ten years’ validity.

H Visa – Temporary Workers

The most common temporary work visas are H visas, and they are divided into sub-categories:

• H-1B: Persons in Specialty Occupations for those with distinguished ability in select occupations or a relevant higher education degree
• H-2B: Temporary Non-Agricultural Worker for workers in seasonal but non-agricultural industries. Eligible roles can include landscaping, hospitality, or construction
• H3: Trainee or Special Education Visitor to access training not available in the Philippines

Some H visa sub-categories are not appropriate for Filipinos. For example, the H-1B1 visa category is based on free trade agreements that the US has with nationals of Singapore and Chile and the H-2A (Temporary Agricultural Workers) visa is limited to select nationalities.

I Visa – Foreign Media Representatives

Journalists and media representatives who work in the foreign press, radio, or film industries can temporarily work in the US with an I visa. These activities must be informative and educational, and report back to audiences in a foreign country. You can not work on commercial or entertainment projects, and permission is contingent on the Philippines operating a similar visa program for US media representatives.

Those who may require an I visa include:

• Foreign media and independent production company workers. You’ll need to hold qualifications issued by a Filipino professional journalistic association
• Workers on the production or distribution of a foreign film that is educational in nature and funded outside of the US
• Journalists under contract with relevant Filipino professional qualifications in journalism
• Foreign journalists traveling with the United States to report US events back to a Filipino audience
• Accredited representatives of the Filipino tourist bureau. The tourist bureau must be controlled, operated, or subsidized in whole or in part by the Filipino government. Your work must also be about distributing factual tourist information
• Employees of organizations distributing technical industrial information

An I visa holder is not always necessary for media-related activities. A Visitor visa will be sufficient if you are in the US to attend conferences and seminars, give guest lectures for non-profits and governmental research organizations, take photographs and undertake independent research.

However, breaching Visitor visa rules could prevent you from being able to apply for a US work visa. Get help from Total Law by calling +44 (0) 333 305 9375 for further advice on whether your planned activities are permissible.

J-1 Visa – Work and Cultural Exchange Programs

If you want to take part in a work or study exchange program, you’ll need a J-1 visa. The exchange visitor visa programs are relevant for people who want to work as a:

• Au pair and educare
• Camp counselor
• Government visitor
• Physician
• Professor and research scholar
• Specialist
• Teacher

Each exchange program has a different application process, but you will generally need to:

1. Find the right exchange visitor program operated through a pre-approved US-based organization for your needs.
2. Submit your application via the program’s website.
3. Be accepted onto the program. You’ll automatically be registered in the Student and Exchange Visitor Information System (SEVIS).
4. Once notified of your SEVIS registration, pay the SEVIS I-901 fee.

Having followed these steps, you will join the exchange program. You’ll then be able to complete your nonimmigrant visa application (Form DS-160). This process will generally require you to schedule an interview with your local US Embassy or Consulate.

L1 Visa – Intracompany Transfers

Use the L1 visa if your Filipino employer wants to temporarily transfer you to a US branch or subsidiary. This visa type is only accessible for your employer’s highest-value workers.

A Business Visitor visa is usually required if you will be entering the US for conferences or training. It has two visa categories:

• L-1A: executive managers. You’ll need to be authorized to make decisions with a wide latitude, while operating with little oversight
• L-1B: “workers with specialized knowledge.” You have a unique understanding of the company’s products, services, methods, or procedures

The L1 visa has a standard eligibility period of three years. Two-year extensions are available. You can be in the US for up to 7 years on an L-1A visa. The L-1B cap is shorter at five years. This resets once you have returned to the Philippines for at least a year.

Other eligibility requirements include the following:

• Your Filipino company has sponsored your application
• Your company and the US organization must be linked by a qualifying organization
• You have been employed by the Filipino company for a continuous 12-month period within the last three years
• You’ll be actively working with the US branch and your home country company while in the US

You will also be allowed to bring eligible dependents – your spouse and unmarried children under 21 years old – to the US. They will need to make a L2 visa application.