What are the eligibility requirements for a foreign national to obtain an employment-based visa in the United States?

In order for a foreign national to obtain an employment-based visa in the United States, they must meet certain eligibility requirements. These requirements depend on the specific employment visa category that the foreign national is applying for.

The most common employment-based visa categories include the H-1B visa, the L-1 visa, and the EB-2 and EB-3 visa categories.

For the H-1B visa, the foreign national must have a job offer from a U.S. employer with a specialty occupation that requires at least a bachelor's degree or equivalent experience. The foreign national must also possess the required degree or equivalent experience.

For the L-1 visa, the foreign national must have a job offer from a U.S. employer that has a qualifying relationship with the foreign national's current employer. The foreign national must have worked for the company outside the United States for at least one year within the past three years and will be performing duties in the United States that are managerial, executive or involve specialized knowledge.

For the EB-2 and EB-3 visa categories, the foreign national must have a job offer from a U.S. employer and must possess the required education and/or experience for the position. For the EB-2 visa, the foreign national must have an advanced degree or its equivalent, or possess exceptional ability in the sciences, arts, or business. For the EB-3 visa, the foreign national must have a bachelor's degree or its equivalent, or at least two years of experience in the profession.

In addition to these eligibility requirements, the U.S. employer must obtain labor certification from the U.S. Department of Labor showing that there are no qualified U.S. workers available for the position.

There are limitations and exceptions to these requirements, depending on the specific circumstances of the case. If a foreign national believes they may be eligible for an employment-based visa, they should seek the advice of an experienced immigration attorney.

In order to apply for an employment-based visa, the foreign national and their U.S. employer must submit a completed visa application package to the U.S. Department of State, along with relevant supporting documentation. It is important to ensure that all information provided is accurate and complete, as any discrepancies or omissions may result in the denial of the visa application.