To achieve eligibility for obtaining an employment-based visa in the United States, the applicant must meet specific criteria set out under U.S. immigration laws. The requirements vary based on the type of visa sought and the employment category. However, some general conditions apply to all employment-based visas.
Firstly, an employer in the U.S. must make a job offer to the applicant before obtaining a visa. The employer usually files a petition to the U.S. Citizenship and Immigration Services (USCIS) on behalf of the applicant to initiate the process. In some cases, the applicant may self-petition, such as in the case of an applicant who falls under the "extraordinary ability" category.
Secondly, the applicant must meet the educational and/or work-experience requirements for the position being offered. The employer may have specific educational and experience criteria, and the applicant must meet these requirements to be eligible for the visa.
Thirdly, depending on the employment-based visa category, the applicant may have to undergo a labor certification process to show that no qualified U.S. worker is available for the job. The process involves proving that the job opportunity is being offered at the prevailing wage for that occupation in the area of intended employment.
Fourthly, the applicant must demonstrate that they are admissible into the United States. This involves undergoing background checks and medical examinations, and meeting health and character requirements.
In summary, the eligibility requirements for obtaining an employment-based visa in the United States include a job offer from a U.S. employer, fulfilling educational and experience criteria, demonstrating no qualified U.S. worker is available for the job, and meeting health and character requirements. Specific requirements may vary depending on the type of visa applied for and the category of employment.
By