To obtain a work visa in the United States as a foreign national with an advanced degree, you must meet certain requirements. These requirements include the possession of an advanced degree or its equivalent, a firm job offer from a U.S. employer, and an approved labor certification from the U.S. Department of Labor.
The advanced degree can be a master's degree or higher, or a bachelor's degree plus five years of experience in the field. The employer must prove that the job offer is for a position that requires an advanced degree and that there are no qualified U.S. workers available to fill the position.
The labor certification process involves obtaining a PERM labor certification from the Department of Labor. This process involves recruiting U.S. workers for the position and proving that the foreign national is not taking a job away from a qualified U.S. worker.
Once the labor certification is approved, the employer can file a Form I-140, Petition for Alien Worker, on behalf of the foreign national with the U.S. Citizenship and Immigration Services (USCIS). The USCIS will review the petition and determine if the foreign national is eligible for the visa.
It is important to note that there is a limited number of work visas available each year, and the demand often exceeds the supply. Additionally, certain countries may have specific limitations or exceptions based on their relationship with the United States.
If you are a foreign national with an advanced degree seeking to obtain a work visa in the United States, it is recommended that you consult with a licensed immigration attorney for further guidance and assistance in navigating the complex visa process.
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