Computer Professional Network

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

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.

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.